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Religious Freedom & Expression on Trial in Klee Benally Sacred Mountain Defense Case – No Verdict After 3 Hour Trial

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Take action: www.indigenousaction.org, www.truesnow.org, www.protectthepeaks.org

For Immediate Release

Tuesday, June 12, 2012
By M. Begay, Contributor, Indigenous Action Media
info@indigenousaction.org
www.indigenousaction.org

Religious Freedom & Expression on Trial in Klee Benally Sacred Mountain Defense Case
No Verdict After 3 Hour Trial

FLAGSTAFF, AZ — Klee Benally, Dine’ (Navajo), was on trial today for a prayerful action taken in August, 2011 to protect the Holy San Francisco Peaks from desecration due to ski area expansion. During the 3 hour hearing, the state prosecutor presented witnesses from the U.S. Forest Service, Arizona Snowbowl & Coconino County Sheriff’s department who testified that Mr. Benally was “trespassing” and had committed “disorderly conduct” on the Holy Mountain.

In the packed courtroom, testimony and questions centered around whether or not the area where Snowbowl’s desecration of the Holy Peaks was clearly marked with “no trespassing signs” and whether or not Klee was “disorderly” in his actions.
“Religious freedom and the right to express opposition to desecration of the Holy San Francisco Peaks is what was on trial today.” stated Klee, “The struggle to protect Dooko’osliid (San Francisco Peaks) continues, we must defend our ways of life and the natural law. As long as our hearts beat with an understanding that our actions are for future generations and cultural survival, then this struggle is not over.”

Dozens of concerned community members walked to Flagstaff “Justice” Courthouse from City Hall where two community members initiated a hunger strike for the Peaks one week ago. The hunger strikers, Joseph Sanders & Jessica Beasley, have vowed not to eat until three requests are met, “The cancellation of the wastewater contract with Snowbowl, Snowbowl’s removal of the pipeline and remediation of areas damaged by their expansion,” and “The creation of an agreement with the city of Flagstaff that there will be no further destruction of the San Francisco Peaks by Arizona Snowbowl, or any others.”

Where's the orange cones with signs?

On August 13, 2011, after a Snowbowl excavator operator repeatedly disrupted a weekly prayer gathering, Klee chained himself to an excavator that was used for tearing into the earth six feet deep for pipeline trench intended for transporting 180 million gallons of contaminated wastewater for snowmaking on the Holy Peaks. The prayerful action lasted approximately 2 hours, when law enforcement agents offered Klee an option of being cited and released or going to jail. After consulting with Louise Benally, who was part of the prayer gathering, Klee agreed that his point was made and would release himself.

Matt Brown, of Brown & Little, P.L.C., who represented Klee during trial, argued that the area was not clearly marked as being “closed” and that the action was peaceful and respectfully conducted. Additionally, Mr. Brown argued that the prayerful action was an expression of constitutionally held rights.

Forest Service “law enforcement” agent Mark Camisa testified that he had been surveilling the prayer gathering for 30 minutes from a hidden area in the woods.

Due to time constraints Judge Howard Grodman did not make a ruling on the case but stated that he would either issue a written verdict on the charges or announce his decision in court on June 28, 2012.

Rudy Preston & local author Mary Sojourner were also arrested for standing in defense of the Sacred Mountain on August 13, 2011.

Mary expressed in a previous statement, “I took action not just for the Mountain, but for my friend, Klee Benally, who I saw chained to a monstrous extractor, the pipeline trenching machine that had been ripping into the mountain and the peaceful morning air as thirty of us prayed for the Mountain; and so that older women and men would see that one doesn’t have to be young to stand up for a place and community that you love.”

Mary accepted an offer of community service instead of going to trial. Rudy, who represented himself at his own 6 hour trial, was found guilty of trespassing and disorderly conduct charges resulting from actions on August 8 and 13, 2011.

Rudy was sentenced to 12 months unsupervised probation and 20 hours of community service. He was also ordered to pay $62.63 in “restitution” to Snowbowl for his actions.
“My eyes will never again close to this injustice. And my body will not perpetuate it.” expressed Rudy in a previous statement, “…we all love the mountain and you don’t need to wait for a ‘known organizer’ to tell you what to do next.”

Since June 16th, 2011, nearly 30 people have been arrested during protests or other actions addressing Snowbowl desecration and eco-cide on the Holy Peaks. Most have taken deals offered by state prosecutors which have resulted primarily in community service, with about 8 cases still pending.

“How can I be “trespassing” on this site that is so sacred to me? This is my church. It is the Forest Service and Snowbowl who are violating human rights and religious freedom by desecrating this holy Mountain…” said Klee in a previous statement, “Their actions are far beyond ‘disorderly’.”

In August 2011, The Havasupai Tribe, Klee Benally, and the International Indian Treaty Council, filed an Urgent Action / Early Warning Complaint with the United Nations (UN) CERD Committee, on the desecration of the Sacred San Francisco Peaks. The complaint addressed Arizona Snowbowl’s clear-cutting of 74 acres of rare alpine forest and the laying of 14.8 miles of a waste water pipeline in furtherance of a US Forest Service and City of Flagstaff supported project to spray artificial snow made of wastewater effluent on the Holy San Francisco Peaks.
The Committee on the Elimination of Racial Discrimination, known internationally as the CERD Committee is charged with monitoring compliance with the International Convention on the Elimination of all forms of Racial Discrimination (ICERD).
“The Forest Service, the City of Flagstaff, & the courts have proven that they do not understand or respect our spiritual ceremonies and practices and our spiritual relationship to the Earth,” said Klee, “We have no guaranteed protection for our religious freedom as Indigenous Peoples in the United States.”

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Background story: http://www.indigenousaction.org/direct-action-to-protect-holy-peaks-continues/

Photo credits:
Peaks Hunger Strikers.jpg – Klee Benally
Klee Benally Court.jpg – PDB
Drum Chained jpg – Ethan Sing

#policestate

Ox Sam Camp Raid Update: One Arrested as Prayer Tipis Are Bulldozed and Ceremonial Items Confiscated

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Thursday, June 8th, 2023

Contact: Ox Sam Camp
Email: oxsamcamp@proton.me
OxSam.org

THACKER PASS, NV — On Wednesday morning, the Humboldt County Sheriff’s department on behalf of Lithium Nevada Corporation, raided the Ox Sam Newe Momokonee Nokutun (Ox Sam Indigenous Women’s Camp), destroying the two ceremonial tipi lodges, mishandling and confiscating ceremonial instruments and objects, and extinguishing the sacred fire that has been lit since May 11th when the Paiute/Shoshone Grandma-led prayer action began.

One arrest took place on Wednesday at the direction of Lithium Nevada security. A young Diné female water protector was handcuffed with no warning and loaded into a windowless, pitch-black box in the back of a pickup truck. “I was really scared for my life,” the woman said. “I didn’t know where I was or where I was going, and I know that MMIW is a real thing and I didn’t want to be the next one.” She was transported to Humboldt County Jail, where she was charged with criminal trespass and resisting arrest, then released on bail.

Just hours before the raid, Ox Sam water protectors could be seen for the second time this week bravely standing in the way of large excavation equipment and shutting down construction at the base of Sentinel Rock.

To many Paiute and Shoshone, Sentinel Rock is a “center of the universe,” integral to many Nevada Tribes’ way of life and ceremony, as well as a site for traditional medicines, tools, and food supply for thousands of years. Thacker Pass is also the site of two massacres of Paiute and Shoshone people­. The remains of the massacred ancestors have remained unidentified and unburied since 1865, and are now being bulldozed and crushed by Lithium Nevada for a mineral known as “the new white gold.”

Since May 11th, despite numerous requests by Lithium Nevada workers, the Humboldt County Sheriff Department has been reticent and even unwilling to arrest members of the prayer camp, even after issuing three warnings for blocking Pole Creek Road access to Lithium Nevada workers and sub-contractors, while allowing the public to pass through.

“We absolutely respect your guys’ right to peacefully protest,” explained Humboldt County Sheriff Sean Wilkin on May 12th. “We have zero issues with [the tipi] whatsoever… We respect your right to be out here.”

On March 19th the Sheriff arrived again, serving individual fourteen-day Temporary Protection Orders against several individuals at camp. The protection orders were granted by the Humboldt County Court on behalf of Lithium Nevada based on sworn statements loaded with misrepresentations, false claims, and, according to those targeted, outright false accusations by their employees. Still, Ox Sam Camp continued for another week. The tipis, the sacred fire, and the prayers occurred for a total of twenty-seven days of ceremony and resistance.

The scene at Thacker Pass this week looked like Standing Rock, Line 3, or Oak Flat, as Lithium Nevada’s workers and heavy equipment tried to bulldoze and trench their way through the ceremonial grounds surrounding the tipi at Sentinel Rock, and water protectors put their bodies in the way of the destruction, forcing work stoppage on two occasions.

Observers stated that Lithium Nevada’s head of security was directing the Sheriff’s deputies where to go and what to do during the raid.

Lithium Nevada’s ownership and control of Thacker Pass only exists because of the flawed permitting and questionable administrative approvals issued by the Bureau of Land Management (BLM). BLM officials have refused to acknowledge that Peehee Mu’huh is a sacred site to regional Tribal Nations, and have continued to downplay and question the significance of the double massacre through two years of court battles.

Three tribes — the Reno-Sparks Indian Colony, Summit Lake Paiute Tribe, and Burns Paiute Tribe — remain locked in litigation with the Federal Government for permitting the mine. The tribes filed their latest response to the BLM’s Motion to Dismiss on Monday. BLM is part of the Department of the Interior which is led by Deb Haaland (Laguna Pueblo).

On Wednesday, at least five Sheriff’s vehicles, several Lithium Nevada worker vehicles, and two security trucks arrived at the original tipi site that contained the ceremonial fire, immediately adjacent to Pole Creek Road. One camper was arrested without warning, and others were issued with trespass warnings and allowed to leave the area. Once the main camp was secured, law enforcement then moved up to the tipi site at Sentinel Rock, a mile away.

There is a proper way to take down a tipi and ceremonial camp, and then there is the way Humboldt County Sheriffs proceeded on behalf of Lithium Nevada Corporation. Tipis were knocked down, tipi poles were snapped, and ceremonial objects and instruments were rummaged through, mishandled, and impounded. Empty tents were approached and secured in classic SWAT-raid fashion. One car was towed.

As is often the case when lost profits lead to government assaults on peaceful water protectors, Lithium Nevada Corporation and the Humboldt County Sheriffs have begun to claim that the raid was done for the safety of the camp members and for public health.

Josephine Dick (Fort McDermitt Paiute-Shoshone), who is a descendent of Ox Sam and one of the matriarchs of Ox Sam Newe Momokonee Nokutun, made the following statement in response to the raid:

“As Vice Chair of the Native American Indian Church of the State of Nevada, and as a Paiute-Shoshone Tribal Nation elder and member, I am requesting the immediate access to and release of my ceremonial instruments and objects, including my Eagle Feathers and staff which have held the prayers of my ancestors and the Ox Sam camp since the beginning. There was also a ceremonial hand drum and medicines such as cedar and tobacco, which are protected by the American Indian Religious Freedom Act.
In addition, my understanding is that Humboldt County Sherriffs along with Lithium Nevada security desecrated two ceremonial tipi lodges, which include canvasses, poles, and ropes. The Ox Sam Newe Momokonee Nokutun has been conducting prayers and ceremony in these tipis which are also protected by the American Indian Religious Freedom Act. When our ceremonial belongings are brought together around the sacred fire, this is our church. Our Native American church is a sacred ceremony. I am demanding the immediate access to our prayer site at Peehee Mu’huh and the return of our confiscated ceremonial objects.

The desecration that Humboldt County Sherriffs and Lithium Nevada conducted by knocking the tipis down and rummaging through sacred objects is equivalent to taking a bible, breaking The Cross, knocking down a cathedral, disrespecting the sacrament, and denying deacons and pastors access to their places of worship, in direct violation of my American Indian Religious Freedom rights. This violation of access to our ceremonial church and the ground on which it sits is a violation of Executive Order 13007.

The location of the tipi lodge that was pushed over and destroyed is at the base of Sentinel Rock, a place our Paiute-Shoshone have been praying since time immemorial. After two years of our people explaining that Peehee Mu’huh is sacred, BLM Winnemucca finally acknowledged that Thacker Pass is a Traditional Cultural District, but they are still allowing it to be destroyed.”

Josephine and others plan to make a statement on live stream outside the Humboldt County Sheriff’s Office in Winnemucca on the afternoon of Friday, June 9th around 1pm.

Another spiritual leader on the front lines has been Dean Barlese from the Pyramid Lake Paiute Tribe. Despite being confined to a wheelchair, Barlese led prayers at the site on April 25th which led to Lithium Nevada shutting down construction for a day, and returned on May 11th to pray over the new sacred fire as Ox Sam camp was established.

“This is not a protest, it’s a prayer,” said Barlese. “But they’re still scared of me. They’re scared of all of us elders, because they know we’re right and they’re wrong.”

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Background

Thacker Pass is located in northern Nevada near the Oregon border, where Lithium Nevada Corporation is in the first phase of building a $2 billion open-pit lithium mine which would be the largest of its kind in North America. The lithium is mainly destined for General Motors Corporation’s electric car batteries, which the corporation laughably claims is “green.” Mine opponents call this greenwashing and have stated that “it’s not green to blow up a mountain.”

The U.S. Supreme Court has granted Lithium Nevada corporation and all other business corporations a whole variety of constitutional “rights” that were never meant for business entities. Without these special so-called corporate “rights,” the mine owners would never have been allowed to construct this mine.

Three Native American tribes filed a new lawsuit against the Federal Government over Lithium Nevada Corporation’s planned Thacker Pass lithium mine on February 16, 2023, the latest legal move in the two-and-a-half-year struggle over mining, greenwashing, and sacred land in northern Nevada.

The Tribes notified the 9th Circuit Court of Appeals on May 19th that they mean to appeal their Motion seeking a Preliminary Injunction which was rejected by a lower court in early March. Four environmental groups which lost their case in January have also appealed to the 9th Circuit Court of Appeals, and are expected to be heard in June.

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Ox Sam Camp Update: Land Defenders Arrested, Camp Raided After Blocking Excavator

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From www.oxsam.org (follow for more updates).

Read the new press release from 6/8/23 here: https://www.indigenousaction.org/ox-sam-camp-raid-update-one-arrested-as-prayer-tipis-are-bulldozed-and-ceremonial-items-confiscated/

6/7/23
First arrests are underway and camp is being raided after land defenders halted an excavator this morning at Thacker Pass.

OROVADA, NV — This morning, a group of Native American water protectors and allies used their bodies to non-violently block construction of the controversial Thacker Pass lithium mine in Nevada, turning back bulldozers and heavy equipment.

The dramatic scene unfolded this morning as workers attempting to dig trenches near Sentinel Rock were turned back by land defenders who ran and put their bodies between heavy equipment and the land.

Now they are being arrested and camp is being raided.

Northern Paiute and Western Shoshone people consider Thacker Pass to be sacred. So when they learned that the area was slated to become the biggest open-pit lithium mine in North America, they filed lawsuits, organized rallies, spoke at regulatory hearings, and organized in the community. But despite all efforts over the last three years, construction of the mine began in March.

That’s what led Native American elders, friends and family, water protectors, and their allies to establish what they call a “prayer camp and ceremonial fire” at Thacker Pass on May 11th, when they setup a tipi at dawn blocking construction of a water pipeline for the mine. A second tipi was erected several days later two miles east, where Lithium Nevada’s construction is defacing Sentinel Rock, one of their most important sacred sites.

Sentinel Rock is integral to many Nevada Tribes’ worldview and ceremony. The area was the site of two massacres of Paiute and Shoshone people. The first was an inter-tribal conflict that gave the area it’s Paiute name: Peehee Mu’huh, or rotten moon. The second was a surprise attack by the US Cavalry on September 12th, 1865, during which the US Army slaughtered dozens. One of the only survivors of the attack was a man named Ox Sam. It is some of Ox Sam’s descendants, the Grandmas, that formed Ox Sam Newe Momokonee Nokotun (Indigenous Women’s Camp) to protect this sacred land for the unborn, to honor and protect the remains of their ancestors, and to conduct ceremonies. Water protectors have been on-site in prayer for nearly a month.

On Monday, Lithium Nevada Corporation also attempted to breach the space occupied by the water protectors. As workers maneuvered trenching equipment into a valley between the two tipis, water protectors approached the attempted work site and peacefully forced workers and their excavator to back up and leave the area. According to one anonymous land defender, Lithium Nevada’s action was “an attempted show of force to fully do away with our tipi and prayer camp around Sentinel Rock.”

Ranchers, recreationists, and members of the public have been allowed to pass without incident and water protectors maintain friendly relationships with locals. Opposition to the mine is widespread in the area, and despite repeated warnings from the local Sheriff, there have been no arrests. Four people, including Dorece Sam Antonio of the Fort McDermitt Paiute-Shoshone Tribe (an Ox sam descendant) and Max Wilbert of Protect Thacker Pass, have been targeted by court orders barring them from the area. They await a court hearing in Humboldt County Justice Court.

“Lithium Nevada is fencing around the sacred site Sentinel Rock to disrupt our access and yesterday was an escalation to justify removal of our peaceful prayer camps,” said one anonymous water protector at Ox Sam Camp. “Lithium Nevada intends to desecrate and bulldoze the remains of the ancestors here. We are calling out to all water protectors, land defenders, attorneys, human rights experts, and representatives of Tribal Nations to come and stand with us.”

“I’m being threatened with arrest for protecting the graves of my ancestors,” says Dorece Sam Antonio. “My great-great Grandfather Ox Sam was one of the survivors of the 1865 Thacker Pass massacre that took place here. His family was killed right here as they ran away from the U.S. Army. They were never buried. They’re still here. And now these bulldozers are tearing up this place.”

Another spiritual leader on the front lines has been Dean Barlese, a spiritual leader from the Pyramid Lake Paiute Tribe. Despite being confined to a wheelchair, Barlese led prayers at the site on April 25th (shutting down construction for a day) and returned on May 11th.

“I’m asking people to come to Peehee Mu’huh,” Barlese said. “We need more prayerful people. I’m here because I have connections to these places. My great-great-great grandfathers fought and shed blood in these lands. We’re defending the sacred. Water is sacred. Without water, there is no life. And one day, you’ll find out you can’t eat money.”

The 1865 Thacker Pass massacre is well documented in historical sources, books, newspapers, and oral histories. Despite the evidence but unsurprisingly, the Federal Government has not protected Thacker Pass or even slowed construction of the mine to allow for consultation to take place with Tribes. In late February, the Federal Government recognized tribal arguments that Thacker Pass is a “Traditional Cultural District” eligible for the National Register of Historic Places. But that didn’t stop construction from commencing.

“This is not a protest, it’s a prayer,” said Barlese. “But they’re still scared of me. They’re scared of all of us elders, because they know we’re right and they’re wrong.”

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#mmiwgt2s

People Take the Streets in Occupied Flagstaff to “Honor & Avenge” #MMIWG2ST

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Brief report back filed by anonymous.


Occupied Kinłani, May 5, 2023 — Tonight a fierce crew held a vigil and rally then took to the streets of occupied Flagstaff on the national day of awareness for missing and murdered Indigenous women, girls, two-spirit, and trans relatives. Family members and friends of Arielisa Bryant & Nicole Joe spoke about the injustices they had faced at the hands of law enforcement. Others shared their stories with five families speaking out about their missing or murdered relatives. Speakers connected the desecration of sacred sites as violence against the land being violence against our bodies. After a moment of silence (which was turned into a moment of rage), the group headed through the crowded streets. Intersections were held. A round dance was done. Chants echoed, “No More Stolen Sisters!” “No Justice No Peace, Fuck the Police!” and “Who keeps us safe? We keep us safe!” while relatives of MMIWG2ST spoke. At one point the group stopped near where Vanessa Lee was found (2018) and created a memorial. After the action, the massive red dress banner that was carried through the streets was dropped.

This action came as U.S. Secretary of the Interior Secretary Deb Haaland prepares to hold a “Not Invisible Act Commission” hearing in Flagstaff on May 9th at a so far unannounced location with little community outreach. The commission is filled with cops, judges, and politicians who seek to further colonial policing and laws over Indigenous lands. Haaland is also complicit in allowing the Willow Project to proceed which furthers resource colonial violence that is directly linked to #MMIWG2ST.

A 2017 study from the Urban Indian Health Institute found that so-called Arizona has the third-highest number of #MMIWG2ST in the country.

That study reported a total of 506 known cases in 71 urban cities across the country and 54 cases were identified in Arizona.

In memory:

Ariel Bryant, found deceased 2019 outside of Kinłani.

Vanessa Lee, found deceased 2018 in the Rio De Flag downtown Kinłani.

Nicole Joe, deceased on christmas day 2017, her ex was ultimately found guilty of second degree murder.

Loreal Tsingine, shot in 2016 five times by Winslow police officer Austin Shipley.

And all those missing and murdered relatives!

As you rest in power, we will rage!

#mmiw#mmiwg2st #mmir #mmip

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