Ruling gives 14 disenrolled Paiutes reason for hope

Jace Radke

Wednesday, Dec. 22, 2004 | 11:04 a.m.

After a legal battle that has lasted more than five years, 14 disenrolled members of the Las Vegas Paiute Tribe have been ordered reinstated by a Tribal Court judge.

The tribal council plans to appeal the ruling by Judge William D. Johnson, to a three-judge tribal appeals court, but the disenrolled members said the most recent in a long line of rulings gives them hope.

"We've never been ordered reinstated before, and that's a little more final sounding than previous decisions," said Debra Faria, who was disenrolled from the tribe in 1999 with the 13 others. "I'm relieved to have this decision. It's been such a long time, but I'm not surprised that the tribe is appealing."

At issue in the case is a 1999 mandate by the tribal council that banned people from the tribe if they do not have one-quarter Southern Paiute heritage, despite the fact that their ancestors are listed on a 1940 census roll.

Johnson states in his decision that the tribal council, "did not provide for and protect the general welfare of its people when it changed membership rights by ordinary acts and therefore was not proper constitutional procedure."

The 21-page decision orders that Faria and the other 13 disenrolled members be reinstated immediately and grants an injunction to stop disenrollment of other tribal members unless authorized by constitutional amendment. The decision also orders that the formally disenrolled members receive reimbursements of monthly tribal payments dating back to December 2003.

Johnson chose that date because it was the deadline set by the Tribal Court of Appeals for a decision in its June 2003 remand of the case.

The Court "is convinced a consequence of improper disenrollment should include reinstatement and payment of a symbolic award of lost benefits," the decision states. "That award serves as a consequence to the tribe to act responsibly and as vindication to the wrongfully disenrolled."

Both sides have stipulated that from July 1999 to July 2004 the payments made to each of the 46 Las Vegas Paiute tribal members was about $350,000. Currently the tribe is making annual disbursements of about $50,000 a year to its members from its businesses, including three golf courses and a smoke shop.

The reinstatement of the 14 disenrolled members would raise the tribal population to 60 members.

Tribal Chairwoman Alfreda Mitre said that the tribal council has already voted to appeal the decision, but declined to comment further.

Michael Stuhff, who represents some of the formerly disenrolled members, said his clients were relieved by the decision.

"I think this is the first step toward the rehabilitation of the Las Vegas Paiute Tribe," Stuhff said. "It was a long struggle and my clients are hoping it's the end of a long, tough road."

Faria said that even if the tribe's appeal fails the schism that has developed in the tribe may never go away.

"There is going to have to be some long soul-searching," Faria said. "We're talking about family members fighting family members. My nephew is on the tribal council and so are the relatives of other members who were disenrolled.

"I don't know if it can ever be the same as it was before we were disenrolled."