Ousted tribal members seek casino profit

Chris T. Nguyen

Monday, May 3, 2004 | 11:01 a.m.

RIVERSIDE, Calif. -- A county judge considering whether to dismiss a lawsuit by people ousted from an Indian tribe says that tribal laws are not above the right to due process.

Riverside County Superior Court Judge Charles D. Field did not rule on the dismissal motion, but during arguments last month he disagreed with attorneys for the Pechanga Band of Luiseno Mission Indians who claim sovereignty shields tribes from lawsuits and court intervention.

"It's clear that Native Americans are citizens. Where does a member go when he feels that his tribal rights have been violated?" Field said.

At one point Field commented that as citizens Native Americans have a right to due process, saying that "the notion of due process trumps tribal laws."

The judge, however, said he needed more time to review case history on sovereignty disputes and told attorneys for both parties to file briefs on court decisions on the matter.

The lawsuit was filed by 11 former members of the tribe, which runs a Temecula casino. They claim seven members of the tribe's enrollment committee violated tribal laws by removing them March 17.

The plaintiffs represent an extended family of 130 adults plus numerous children claiming tribal ancestry. They say they each stand to lose about $120,000 a year from casino profit.

The group argues that the committee members want to increase their own share of casino money. They say their roots, recorded in tribal records, trace back 80 years to Manuela Miranda, the granddaughter of Pechanga Chief Pablo Apish, who in 1845 received a 2,223-acre land grant from Pio Pico, the last Mexican governor of California.

But tribal leaders, who requested more documentation proving lineage, say Miranda cut ties with the tribe when she moved off the reservation 80 years ago.

The committee's seven members were present at the court hearing. One member declined to identify herself and comment.

"They believe that no matter what they do they cannot be challenged by anybody," said Jon Velie, attorney for the plaintiffs.

Plaintiff Margie Wozniak, 46, said she gave the committee baptism, marriage, blood and Bureau of Indian Affairs certificates proving that Miranda was her great-great-grandmother but was ejected anyway.

"It's damaged my heart because I can't believe that family -- and a tribe is a family -- can do this," she said.

In California, at least 1,160 people are fighting to retain membership in a total of 14 tribes, according to an Associated Press review of court documents and interviews with tribal leaders, attorneys and former tribal members.

The disputes present a problem because tribes in the state have councils and committees that decide practically all affairs but they lack courts to resolve legal complaints.

The lawsuit against the Pechanga tribe was filed in January in Superior Court and then was transferred to federal court, but U.S. District Judge Robert J. Timlin said in February he had no jurisdiction.

"Sometimes the Indian way is not to get up and cry foul, but this is the only recourse we have," plaintiff John Gomez Sr. said.