WW/ From Benny Lee, More Winnemem News Sources

Hello Winnemem and Supporters,

In this email I've put links to all the media and photos that I am aware of from the War Dance. These links are also available at www.ejcw.org

Since my last email, Marc Dadigan put together a fantastic 5 minute radio piece on Free Speech Radio that airs on 93 stations across the US!

Radio
Capital Public Radio "Native American Community Files Lawsuit Against Federal Government" aired on NPR's Morning Addition and All things Considered on 4/20 and 4/21 by Steve Shadley,
Free Speech Radio , "California Tribe Sues for Destruction of Cultural Sites" aired on 93 stations nationwide, by Marc Dadigan

Articles
in the Redding Record: Winnemem Wintus sue federal agencies over Shasta Dam, other issues
In the Sacramento Bee: Payment Sought for Shasta Lands

Photos
Lonny Shavelson (requests that any duplication of photos has his permission first)
EJCW photos

YouTube
Will Doolittle put up a great clip on youtube of Caleen speaking at the capital.

Blogs and Web (over 20!!)

Winnemem Wintu Tribe Sues Federal Agencies, Officials: Indybay
(Dan Bacher) 20 April
www.indybay.org/newsitems/2009/04/20/18590483.php

NativeBiz – Winnemem Wintu Tribe Sues Federal Agencies, Officials
Indian Country's Business, News and Social Network (must be a member to view)
www.nativebiz.com/content/view/2140/179/

Winnemem Wintu Tribe Sues Federal Agencies, Officials
21 April, California Sportfishing Protection Alliance, by Dan Bacher
(editor of Fish Sniffer)
www.calsport.org/4-21-09.htm

Indymedia-Lëtzebuerg - Winnemem Wintu Tribe Sues Federal Agencies
Indymedia-Letzebuerg - Internet Zeitung - journal Internet (Dan Bacher)
www.indymedia-letzebuerg.net/index.php?option=com_content&task=view&id=23111&Itemid=28

Indymedia-Lëtzebuerg - Winnemem Wintu Tribe Holds War Dance Before
Launching Federal Lawsuit (Bacher) 25 April
www.indymedia-letzebuerg.net/index.php?option=com_content&task=view&id=23462&Itemid=28

Winnemem Wintu Tribe sues federal agencies, officials
Posted by: Aqua Blog Maven (Dan Bacher) 21 April
www.aquafornia.com/archives/8250

Indianz.Com > News > Winnemem Wintu Tribe files suit over lost land
April 21 (no author specified)
http://64.38.12.138/News/2009/014160.asp

Winnemem Wintus sue federal agencies over Shasta Dam, other issues
By Dylan Darling, 21 April. Redding Record Searchlight Online.
www.redding.com/news/2009/apr/21/winnemem-wintus-sue-federal-agencies-over-shasta/
(article has dozens of comments posted in response, contentious)

Winnemem Wintu tribe files lawsuit against feds
(staff authorship) 20 April. Redding Record Searchlight Online.
www.redding.com/news/2009/apr/20/winnemem-wintu-lawsuit-against-feds/
(article has dozens of comments posted in response, contentious)

antiracismdsa: Wintu Tribe sues the Federal Government
(Bacher article posted on Duane Campbell’s blog – Sacramento based) 24 April.
http://antiracismdsa.blogspot.com/2009/04/wintu-tribe-sues-federal-government.html

Winnemem Wintu Tribe Holds War Dance Before Launching Federal Lawsuit
(Bacher article on YubaNet.com) 25 April. No comments posted.
http://yubanet.com/regional/Winnemem-Wintu-Tribe-Holds-War-Dance-Before-Launching-Federal-Lawsuit.php

Winnemem Wintu position regarding Shasta Dam ABSTRACT
PDF doc by Mark Franco & Caleen Sisk-Franco (2002)
www.indian.senate.gov/2002hrgs/060402hrg/Franco.PDF

Government Native American >> Four Winds 10 - fourwinds10.com
WINNEMEM WINTU TRIBE SUES FEDERAL AGENCIES, OFFICIALS. (contact Jamie Moss
or Brad Wise – no author specified) 20 April.
www.fourwinds10.com/siterun_data/government/native_american/

Archive - Apr 23, 2009 | FSRN (Free Speech Radio News)
California tribe sues for destruction of cultural sites
(5:03 minute long radio news segment) Apparently 93 stations carry FSRN
http://fsrn.org/archive/all/2009/4/23

Courthouse News Service
SACRAMENTO (CN) - The Winnemem Wintu Tribe says the Department of the ...
(couldn’t find this article)
www.courthousenews.com/

News Brief for Students (American Indian Recruitment Programs - Serving
the San Diego American Indian Community for over 15 years)
Winnemem Wintu tribe files lawsuit against feds (Record Searchlight article)
www.airprograms.org/

Dance Wars
Winnemem Wintu Tribe Sues Federal Agencies, Officials (Bay Area Indymedia)
(article didn’t appear on front page – maybe just listed?)
www.thewebnewsroom.com/dance-wars.php

Native American Law Blog
Winnemem Wintu tribe files suit to replace tribal lands flooded by the
1941 construction of Shasta Dam. 21 April.
http://lawprofessors.typepad.com/nativeamerican/ (Links to Sac Bee article
by Cathy Locke, published 20 April.
http://www.sacbee.com/topstories/story/1792984.html. 35 comments on Sac
Bee website)
Payment sought for Shasta lands – by Cathy Locke (found on Sac Bee website)
http://www.sacbee.com/ourregion/story/1792984.html

Native American Rights Fund, National Indian Law Library
Back restoration of Winnemem Wintu recognition by supporting AJR 39
(seems like an old article but came up 26th in Google results)
www.narf.org/nill/bulletins/news/2008/recognition.htm

bofirebear (botipton) on Twitter
Winnemem Wintus sue federal agencies over Shasta Dam, other issues.
Located in Mt. Washington, KY. Link to Bacher article on Indymedia.
http://twitter.com/botipton
Bofirebear also has a blog: http://bofirebear.blogspot.com/

AIM WEST (American Indian Movement West)
WINNEMEM WINTU TRIBE SUES FEDERAL AGENCIES, OFFICIALS. 21 April. (same
article as Jamie Moss/ Brad Wise one mentioned earlier)
http://www.aimwest.info/index.php?option=com_content&view=article&id=145&Itemid=81

No blogs were found on the NYT, LATimes, SF Chronicle, WSJ, Reuters, AP, Modesto Bee.




--
Benny Lee
Outreach Manager
Environmental Justice Coalition for Water
1201 Martin Luther King Way
Oakland, CA 94612
Ph: 510.286.8402
Fax: 510.444.2502
benny@ejcw.org

WW/ A Message to the World

Caleen Sisk Franco, Chief and Spiritual Leader of the Winnemem Wintu Tribe of Northern California speaks in front of the State Capitol Building in Sacramento, California. You can still sign the on line petition to Senators Boxer and Feinstien supporting the Winnemem tribe:
http://www.thepetitionsite.com/1/support-justice-for-the-winnemem-wintu-tribe

WW/ The Winnemem Lawsuit against the Federal Government, Summarized

Following is a quick summary provided by Environmental Justice for Water, strong allies of the Winnemem Wintu Tribe:

WINNEMEM WINTU COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
Filed in the United States District Court, eastern District of California, Sacramento, CA
April 20, 2009

* Plantiff: The Winnemem Wintu Tribe and their leaders, Chief Caleen Sisk-Franco and Headman Mark Franco

*Defendants: US dept. of Interior; Bureau of reclamation; Bureau of Indian Affiars; Bureau of Land Management; Us Dept of Agriculture; US Forest Service; and Ken Salazar, Secretary of the Interior; Tom Vilsack, Secretary of Agriculture; and other responsible agency officials.

*Purpose of the Conplaint: The Winnemem Wintu Tribe seeks relief and damages for the destruction and damage of Traditional Cultural Properties within the Winnemem's apboriginal homelands.

Background Facts:
+The Winnemem Wintu Tribe has lived on the McCloud River and the area now flooded by Shasta Lake for at least 6000 years. The Winnemem have endured hardship, difficulty, and damage to their cultural identity over the last two centuries at the hands of the United States government. Today, the threat to the Winnemem is even greater, as the government's plan to raise the water level of the Shasta Lake Dam will result in cultural annhilation.
+Thehistor of the relationship between the Winnemem and the US government is marked with unfulfilled and broken promises.
+Through an error, the BIA did not include the Winnemem on the 1978 list of federally recognized tribesw, though the Winnemem had previously been recognized a sovereign entity.
+The Shasta Reservoir Indian Cemetery is supposed to be held in trust for the Winnemem. However, the Winnemem have been told by the BLM (which now has trust responsibility for the cemetery), that regulations will not permit additional burials in the cemetery due to the lack of federal acknowledgement and an internal BLM policy that forbids burial on "their" trust lands.

Current Harms:
+The ddestruction of Winnemem Cultural Sites is current and ongoing and includes several incidents and sites.
+In 2007, the UsF's forbade the Winnemem from using a significant ceremonial site by revoking a special use permit.

Future Harms: Raising the level of the Shasta Dam will irreparably damage many of the last remaining Winnemem cultural properties resulting in catastrophic harm to the Winnemem people.

Causes of Action: Negligence, gross negligence, trespass, public and private nuisance, conversion (the unlawful taking of Winnemem land), intentional infliction of emotional distress, invasion of privacy and declaratory relief.

Demands:
+Declaratory judgments as to the Causes of Action
+An order to study and report on the extent of damages to Winnemem cultural properties
+Damages to be determined by the Court

WW/ Back from War Dance on the American River

We just got back from war dance in Sacramento, tired but our hearts settled and full. I'm waiting for Chief Caleen Sisk Franco's words to those of us assembled at the state capitol, her words to all the good people of the world to be uploaded because more than anything else, that is the message of H'up Chonas and the lawsuit filed against: the US Department of Interior; Bureau of Reclamation; Bureau of Indian Affairs; Bureau of Land Management; US Dept of Agriculture; US forest Service; Ken Salazar, Secretary of the Interior; Tom Vilsack, Secretary of Agriculture; and other responsible agency officials. Her words should be available here on Monday. Thank you for your prayers. Thank you for your support. Thank you for signing the online petition supporting the Winnemem Wintu Tribe.

The petition shows 600 signatures from all over the country and all around the world. If you would like to sign, please go to http://www.thepetitionsite.com/1/support-justice-for-the-winnemem-wintu-tribe

A personal thank you also for the tribal letter of support from the leaders of the Rosebud Sioux Tribe of South Dakota. As sovereign people, they have also sent a letter recognizing the Winnemem Wintu Tribe, something the US government has yet to do. I think any support such as this from tribal people would be appreciated. Please send to:

Caleen Sisk Franco, Chief
Winnemen Wintu Tribe
14840 Bear Mountain Road
Redding, CA 96003

On April 17, Head Man Mark Franco found that the road to the top of Universe Rock was still blocked by snow, but that was alright. Instead, the Sacred Fire was started at the Sugar Pines were the men go to fast. I won't go into detail except to say that it seems that was exactly as it should have been. I'll just say that this place was the first place that the briefs for the lawsuit were prayed over, where generations of Winnemem men fasted and dreamed.

That evening, the Fire was brought down to the Prayer House at the ranch, carried in the back of a pickup and, the next evening, on April 18, we all gathered from near and far, sitting around the Fire to listen to Caleen, then each of us praying to get ready for H'up Chonas. That night, the warriors began their fast.

April 19, we caravaned to Camp Pollock by the American River, guests of the Miwok. The Fire rode in the back of a truck and was placed in the middle of the war dance arena, ready for H'up Chonas. Warriors danced into the night. Singers sang H'up Chonas songs, ancient songs which came in for the warriors and the people during the H'up Chonas at Shasta Lake Dam, 2004, so they could be used again.

Early morning, April 20, as the sun topped the trees, Chief Caleen Sisk Franco prayed over the briefs which had been carried up to the Sugar Pines, prayed around the Fire at each of the stops. The War Dance resumed, this time to the last song which came in with the Bear Spirit at the H'up Chonas at Shasta Lake Dam -- and this was the H'up Chonas song: the Creator does not want the River dammed. The Creator wants his big fish to swim free -- as Head Man Mark Franco said, just as the Winnemem want to be free to be Winnemem. We all caravaned to Old Town Sacramento to march to the Capitol. All the Winnemem were in traditional regalia. Many Tribal Organizations and Tribal Representatives gathered in support bringing their flags and banners. A delegation of Tsukimi Kai members from San Francisco, the Environmental Justice for Water and some members of Winnemem Support Group of Oregon also marched with the Winnemem in solidarity.

We met at the State House under a circle of trees, giant witnesses to an historic moment as the Winnemem Tribe finished what their ancestors had begun. They have brought their complaint for over one hundred years of injustice right to the halls of justice of Federal Court.

So much happened, so much was felt that I am not able to express it right now. I ask for forgiveness for this skeletal piece, almost a list of facts, for what was really an event of huge emotional magnitude and great signficance for everyone there. I expect in days ahead for things to unfold, events set in motion by the prayers and sacrifices of the war dancers and the Winnemem leaders.

What I would ask is that you listen to Chief Caleen Sisk Franco's words when I put it up early next week.

Thank you to RT, the cooks for the wonderful meal which broke the fast and brought us together to celebrate and send us all home safely.

Mom's Birthday and Easter Sunday Thoughts

For the Christian world, today is Easter. For the bunny loving world it's a day to hunt decorated eggs laid or hidden by the Easter Bunny -- go figure. For our family, today is our mother's 89th birthday! No one in our family, born in the US or immigrated, has reached this milestone. I'm proud of mom!

Today we bought two cakes, one for the party at Southtowne at 2 pm during social hour and one small one for her special swing shift friends to celebrate when she gets up and wanders around. Eric, Jose, Cindy and others keep her company during those hours. Sometimes Eric tells her stories or sings in Japanese. Sometimes, Jose and Cindy bring her in to their little nurse's station so she can relax instead of get into fights with others. Sometimes, they try to get her back to sleep. It may work; it may not. But the fact is they give love and they're there while her family sleeps through the night.

Easter in my childhood was another family time with food, company and goodies. We painted eggs with mom. She had this special recipe using hot water, dye, vinegar AND oil so the dye was marbled. We'd wipe the egg between each dip and dip in another color. The two of us, my sister and I, were the event of the day, looking for the eggs all the adults hid -- grandma, grandpa, my two uncles, one aunt and my mother.

But the story of the resurrection never took root in me despite the fact I went to the Methodist Church. I remember getting into hot water with my religion professor at the College of Idaho. She lived across the street. I could hear her in the living room yelling at my mother about her daughter, me, who had the devil in her. Seriously. I got a peek at her from the hallway and she looked just like I imagined the Wizard of Oz Witch whom Dorothy crushed under her flying house. Apparently, it bothered her that I answered her exam question "Should it be by faith or by deeds which identify Christians." I wrote, as any Japanese would, that we become who we are as much through our actions as through what we believe. To follow Jesus' example seemed the right thing to do just as we followed our ancestors, our teachers, our parents, our grandparents. But the professor literally almost broke a blood vessel reading my answer to her essay question. For Christians it was so important that one believed against all logic that Jesus was crucified, dead, buried and rose again, and this crucifixion was an ultimate sacrifice done for the sake of all sinners, his blood spilled for all sins, and that to be a good Christian, all you had to do was to believe that he died for you and your sins, and believe that God the Creator raised him from the dead to be with him. It's not that I didn't believe that at the time. I just didn't pay as much attention to the human sacrifice part as I did his courageous and compassionate example. I was raised to believe that one showed respect by following the footsteps of those who went before, those who were my teachers, my elders. The idea of gaining redemption from someone's death was too foreign, and definitely did not fit as a basis for a belief system, very uncomfortable. It works for a lot of people but I am not wired that way. I think that's why colonialism doesn't work for me either -- to gain from someone's bloody sacrifice.

The professor left with a shriek and mom had a talk with me. She told me she wasn't saying anything I did was wrong. Instead, she put things in perspective for me -- peace in the neighborhood, hurting the professor's feelings to the point of distraction, keeping the goal of graduation in the forefront, choosing compassion -- and I followed her advice for the sake of the neighborhood, for my family, for my mom, and re-did the test -- "a good Christian believes that it is by faith and faith alone that one receives salvation." I don't remember one single supporting idea because it just did not come from my heart. But it was enough to pass the test with a "C" and brought peace to the neighborhood.

I'm remembering that incident today. As a Winnemem, I'm remembering another incident. I'm sitting with our spiritual leader and chief, Florence Jones, or Granny, as she rested in bed. She rolled over and pointed above her head at Jesus on the cross -- a gift from a relative. "That bled once," she said. "I touched it to see what that was, and it was blood." She had taken the cross to a minister and asked him what it meant. The minister advised her just to keep it to herself. She asked me if I knew about such things. I did tell her about "stigmata" and the miracle of healing and what happened when people found out. Maybe she was glad the world of pilgrims did not converge upon her little ranch.

Granny said, "Jesus is like me." I understood. Jesus was a spiritual doctor. He could doctor people. He could pray for them. He accepted everyone and loved everyone who came to him. He could raise people from the dead.

Granny told me, "Once I tried to walk on water and almost drowned." So there are some things, perhaps, he might have done that she didn't do. However, she could walk barefoot through fire. Then I thought of that professor across the street. What would she say if she heard somebody say, "Jesus is like me." For her a good Christian believed Jesus was one of a kind, the ONLY son of god, the sacrifice for the world's sins, and one whose life on earth and deeds of courage, compassion and healing were not to be followed or duplicated or talked about without risk of committing sacrilege.

I am happy on the Winnemem way of life although I thank Methodism for my early training and even give a nod to my religion professor and her passion to have her way become mine. But if I had, I would not have recognized the miracles as I witnessed them during my lifetime along the Winnemem way. Actually, I don't call them miracles because they are not "one of a kind." There are many blessings, healings, answers to prayers by the Great Olelbus whatever name the Great Creator Spirit is called by the people who turn toward and follow faith, as numerous as there are mountains, the fish, the trees, the rivers, the medicine plants, as many as there are people. There are a multitude of blessings not just one miracle.


Happy happy birthday, Mom! It's been fun following you and picking up my own human work along Life's pathway. Today, we celebrate her 89 years of hard work -- following ancestors, abiding by family, surviving racism, speaking up when she saw it, telling her children the truth always, going to college at 45, becoming an artist, becoming a teacher, teaching many children and believing in them, seeing more of the world (China, Japan, Thailand, Alaska), and enjoying what she saw, supporting her children in choosing their own way and now, embracing all humans and trees as her family. You're my hero, Mom!

Going out is our favorite. I gather mom up and say, “Let’s go have fun!”

Every time, her eyes get big with surprise and she holds out her arms, “Whoopeee!”

We get ready for our day and as we go out the door she says her “goodbyes” to the staff and friends. “Have a good time, Mary!” they say.

“Okey dokey doooooo!” she crows.

I open the gate. She lifts her face to the sky, flings out her arms and gives another “Whoopeeeeee!”

I open the door and my petite little Mama hops in like a gymnast getting up on the balance beam, her hands on the seat, pushing herself up and balancing for an instant before plopping down. I marvel to myself. I cannot even imagine being able to do that now, and she’s 24 years older. I buckle her in, shut her door and climb into the driver’s seat.

“Oh, hello!” she greets me with surprise. “ I didn’t know you were driving..” And we’re off for our adventure as mom says again, “I can’t believe my own daughter is driving!

This is how I live my days, each day opening with such surprise and joy. I told my sister, I don’t know when it happened but somewhere along the way, Mom shifted from responsibility to my hobby! Hobby? Hanging with my momma!”

"No Worries, Mom"

Marvy, DisOrient's Hospitality person, just called to see if our home could host another filmmaker who is coming having heard Will and I are heading out of town for War Dance and there would be bedrooms vacant. While we are gone, we are leaving our filmmaker guests in the care of our 25 year old daughter Maki who will be moving in to play host. When I told her this morning about another guest, she made some cryptic comment like "no worries, mom. It sounds like it's going to be fun!" Hmmmmmm. I don't think she was referring to caring for her Obachan. I hope she's not imagining bringing back one of those I-5 1980's gatherings she's heard happened at our house when guests from CA or Seattle or Portland came into town -- every brother and sister in Eugene coming by to hang out with our I-5 brothers and sisters to party. Or I hope she at least cleans up.

April 20 2009, "It's a Good Day for Justice!"

After a century of egregious acts heaped on the Winnemem Wintu, the tribe and their lawyers are ready bring H'up Chonas forward to the Federal Court in their case regarding the failure of the United State government to live up to the obligations and promises made through the 1941 Central Valley Project – Indian Land Acquisition Act.

The complaint will be filed in Federal Court (Eastern District in Sacramento) on April 20, 2009 and I invite all of you who are so kind to read my blog to be there if you'd like. Head Man Mark Franco writes in his blog, "Journey to Justice": We are asking all of our tribal relatives who are able to send a delegation to Sacramento to show support for us in this effort. As you are all aware, we are limited in funds and could use your financial assistance if you are able to help us house, transport, feed and/or fuel vehicles for tribal members and other folks who come to walk to the court with us. Any and all assistance is helpful and we appreciate your generosity as well as your good wishes on this major step forward we are taking."

With the permission of the Miwok people (on whose land the court sits) the Winnemem will dance at a designated place and then dgive a press release from the capital steps on April 20 with an additional Tribal Advisory sent again.

Franco writes, "This issue is not one that was easy to reach but we have seen our lands damaged almost beyond repair; the waters polluted and the salmon stranded and lost to our home streams: now is the time for us to act, and we have, continuing the efforts begun in 2004 with our War Dance on Shasta Dam! We welcome all to join with us!"

Listed below is the schedule leading up to the target date of the 20th:

April 17th we go to Universe Rock to pray for papers
April 18th we will be in the village at fire, we will get ready to travel.
April 19th we will go to Sacramento down by Old Sac by the river, set the drum and fire and dance in the evening.
April 20th we will war dance in the morning, walk to the Capitol for media event at 12 noon, and file the complaint by 2:30pm
Franco explains, "This is the day in history that we have been praying for. Our complaint is not about recognition, but about the harms caused by the BIA, BLM, BOR, USFS, Dept of Agriculture, and Dept. of Interior for not upholding the law and promises by the US.
Contact the tribe if you can help out or come to support. Additional press notifications are forthcoming so stay tuned!" Franco's blog, "Journey to Justice" can be accessed as one of my "favorite blogs" on this page.

THANK YOU, ALL OF YOU, WHO SUPPORTED THIS EFFORT BY SIGNING THE ONLINE PEITITON TO SENATORS BOXER AND FEINSTIEN. It is currently up to 550 -- on the right side of the half way point to 1000! If you'd like to sign and you haven't yet, it's" www.thepetitionsite.com/1/support-justice-for-the-winnemem-wintu-tribe

You may have read my enthusiastic, gushy blog about DisOrient Asian American Film Festival which we all have worked so hard to make real this year? Only a War Dance of the Winnemem tribe pushing forward a complaint finally brought to the federal court of century or more of grevious acts against the people, the sacred lands, the water, and the fish could keep me away. . . . . .