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Narragansetts sue Carcieri, alleging rights violation
Associated Press
Tuesday, July 15, 2003
PROVIDENCE, R.I. - The Narragansett Indian Tribe sued the state Tuesday, claiming their rights were violated during a tumultuous state police raid on the tribe's new tax-free tobacco shop.
The Narragansetts also asked the U.S. District Court to reaffirm that the tribe is a sovereign nation and declare that the state police acted illegally when they arrested eight tribe officials Monday and confiscated tobacco products and $900 from the tribe's smoke shop, which opened Saturday on tribal land.
The suit also seeks a declaration from the court that the tribe has authority to sell cigarette products free of state taxes.
The governor ``said (the smoke shop) violates state law. We said, 'Look, let's let the federal courts decide,''' Narragansett Chief Sachem Matthew Thomas said outside federal court Tuesday.
The lawsuit names as defendants the state, the state police, Gov. Don Carcieri, Attorney General Patrick Lynch, state police Superintendent Steven Pare, the town of Charlestown, the Charlestown Police Department, and the justices of the Rhode Island District and Superior courts.
The tribe also planned to file for a temporary restraining order that would prevent the state from shutting down the tobacco shop again.
Thomas said he would contact the state's congressional delegation to ask for federal law enforcement protection on the reservation.
Meanwhile, the state is preparing to go to state Superior Court over the matter.
Carcieri told WPRO-AM that he'll launch a full independent investigation into the raid and conduct of the state police. He accused the Narragansetts of staging the riot and said it looked like the tribe's resistance was orchestrated.
About 20 state troopers arrived at the Narragansetts' tobacco shop Monday to execute a warrant for search and seizure. Videotape showed state police troopers walking in a line toward the smoke shop and forcibly opening its doors. Several tribal members who resisted were wrestled to the ground and handcuffed.
Pare, head of the state police, said plainclothes officers entered the tobacco store first and served the warrant. The line of troopers followed only after tribal leaders indicated they would not honor the warrant, he said.
But members of the tribe criticized the state's conduct.
``I'm disgusted in the way this was handled,'' said Randy Noka, the tribe's first councilman. ``This is over cigarettes.''
The Narragansett Indians, who have been federally recognized since 1983, began Saturday to sell cigarettes without sales tax or the cigarette tax, in an effort to make money.
By law, Indian sales to Indians aren't subject to government sales taxes, but tribal businesses are supposed to collect taxes on sales to non-Indians.
Carcieri said the tribe was told the shop was illegal, and continued their ``flagrant violation of state law.''
``This is all about the leadership of a tribe that is so frustrated that it did not get a casino,'' Carcieri said Monday. The tribe has been trying to build a casino more than a decade.
A bill that would have put the casino question to voters failed to win legislative approval during the recently concluded session.
Following his release from police custody Monday night, Thomas said the tribe was standing up for its rights.
``The Narragansett Indian Tribe did what it's always done - it stood to protect its land,'' said Thomas, who had two bandages on his left arm and a swollen right wrist. ``It's unfortunate because it's 2003.''
The video shows Thomas with his arms wrapped around a state trooper at the top of the shop's front steps, while one tribal member appears to have his hand on the trooper's throat. Shortly afterward, two troopers pull a man down the steps, and then pull Thomas after him.
Lynch said Thomas not only violated the law by obstructing police, but also insighted others.
Thomas said the tribe was resisting an illegal incursion onto its property.
The state police have said one person was injured in the melee. But Paulla Dove, a member of the tribe's council, said between eight and 10 people complained of injuries and Thomas said one person broke an ankle.
Narragansetts sue Carcieri, alleging rights violation
Associated Press
Tuesday, July 15, 2003
PROVIDENCE, R.I. - The Narragansett Indian Tribe sued the state Tuesday, claiming their rights were violated during a tumultuous state police raid on the tribe's new tax-free tobacco shop.
The Narragansetts also asked the U.S. District Court to reaffirm that the tribe is a sovereign nation and declare that the state police acted illegally when they arrested eight tribe officials Monday and confiscated tobacco products and $900 from the tribe's smoke shop, which opened Saturday on tribal land.
The suit also seeks a declaration from the court that the tribe has authority to sell cigarette products free of state taxes.
The governor ``said (the smoke shop) violates state law. We said, 'Look, let's let the federal courts decide,''' Narragansett Chief Sachem Matthew Thomas said outside federal court Tuesday.
The lawsuit names as defendants the state, the state police, Gov. Don Carcieri, Attorney General Patrick Lynch, state police Superintendent Steven Pare, the town of Charlestown, the Charlestown Police Department, and the justices of the Rhode Island District and Superior courts.
The tribe also planned to file for a temporary restraining order that would prevent the state from shutting down the tobacco shop again.
Thomas said he would contact the state's congressional delegation to ask for federal law enforcement protection on the reservation.
Meanwhile, the state is preparing to go to state Superior Court over the matter.
Carcieri told WPRO-AM that he'll launch a full independent investigation into the raid and conduct of the state police. He accused the Narragansetts of staging the riot and said it looked like the tribe's resistance was orchestrated.
About 20 state troopers arrived at the Narragansetts' tobacco shop Monday to execute a warrant for search and seizure. Videotape showed state police troopers walking in a line toward the smoke shop and forcibly opening its doors. Several tribal members who resisted were wrestled to the ground and handcuffed.
Pare, head of the state police, said plainclothes officers entered the tobacco store first and served the warrant. The line of troopers followed only after tribal leaders indicated they would not honor the warrant, he said.
But members of the tribe criticized the state's conduct.
``I'm disgusted in the way this was handled,'' said Randy Noka, the tribe's first councilman. ``This is over cigarettes.''
The Narragansett Indians, who have been federally recognized since 1983, began Saturday to sell cigarettes without sales tax or the cigarette tax, in an effort to make money.
By law, Indian sales to Indians aren't subject to government sales taxes, but tribal businesses are supposed to collect taxes on sales to non-Indians.
Carcieri said the tribe was told the shop was illegal, and continued their ``flagrant violation of state law.''
``This is all about the leadership of a tribe that is so frustrated that it did not get a casino,'' Carcieri said Monday. The tribe has been trying to build a casino more than a decade.
A bill that would have put the casino question to voters failed to win legislative approval during the recently concluded session.
Following his release from police custody Monday night, Thomas said the tribe was standing up for its rights.
``The Narragansett Indian Tribe did what it's always done - it stood to protect its land,'' said Thomas, who had two bandages on his left arm and a swollen right wrist. ``It's unfortunate because it's 2003.''
The video shows Thomas with his arms wrapped around a state trooper at the top of the shop's front steps, while one tribal member appears to have his hand on the trooper's throat. Shortly afterward, two troopers pull a man down the steps, and then pull Thomas after him.
Lynch said Thomas not only violated the law by obstructing police, but also insighted others.
Thomas said the tribe was resisting an illegal incursion onto its property.
The state police have said one person was injured in the melee. But Paulla Dove, a member of the tribe's council, said between eight and 10 people complained of injuries and Thomas said one person broke an ankle.
