The battle over Whiteclay isn’t over

Recently, a federal judge dismissed the Oglala Sioux Tribe’s lawsuit against those who sell alcohol in Whiteclay. U.S. District Judge John M. Gerrard suggested the tribe pursue the case at the state level. Seeing that, as a Native student, I was disheartened. Even though there is a notion that Lady Justice is “blind,” I firmly believe it would not be at the state level.

If a judge was to objectively look at the case and rule in favor of the tribe, I highly suspect whomever that respective judge is would not be a judge in the state of Nebraska for long, and/or would need a security detail.

The reason I say that is because of the sheer fact of how much sales tax Nebraska gets from alcohol sales in Whiteclay (almost half a million dollars in 2010). Even though I personally despise the town of Whiteclay because of the liquor stores that are profiting off of this epidemic, the Oglala Sioux Tribe has to take a proactive step in order to do its part in attempting to shut down the liquor stores at Whiteclay.

Just recently a news story broke that some of the tribal officials are considering legalizing alcohol on the Pine Ridge Indian Reservation. I’m glad that they are considering this because it is highly unlikely that the state of Nebraska will rule in the tribe’s favor, so taking steps like this is highly needed and long overdue.

Should the tribe approve the measure for a public referendum, I suspect that it will likely pass. Because those who own liquor stores in Whiteclay will most likely not be in favor of the measure, they may not pump money into the issue unless they can secure their business interests with their customers by moving their stores and services onto the reservation.

If the topic is approached properly and the alcohol ban is lifted for the reservation, then the tribe can use some of the money from alcohol sales to help offset treatment programs, help facilitate prevention programs, and invest in youth programs.

Thus there will be some good that comes from an evil that has plagued Native American society ever since contact with the Pilgrims at Plymouth Rock.

There is an inherent risk in lifting the ban as well, which is making alcohol more readily available. But if it is lifted, things can be monitored at a tribal level versus having to have multiple agencies and jurisdictions involved in the safety of members.

Should the ban be lifted and beer be sold at tribal grocery stores, then the door of opportunity to invest some of that money into programs will be more of an option versus seeking government grants for treatment and prevention programs.

Taking the two major steps that have been considered, the one at the state level and the other at the tribal level, is a reasonable plan. This way if one falls through there will always be a back-up route. Should the ban be lifted, though, the financial pressure may increase more on tribal officials and on tribal and Bureau of Indian Affairs police, which will in turn do one of two things: either make them more accountable, or will create more room for corruption.

If more of the money spent at Whiteclay, Chadron, and Rapid City can be brought back to the tribe, then at least something progressive can be done as opposed to what has been the unfortunate and tragic case of Whiteclay. I hope that this long struggle can soon be resolved.