Notoweega News

Notoweega Nation Artist Featured at Alcatraz Featured

Notoweega Member Alicia McDaniel (Center) Debuts Artwork at Alcatraz on Opening Day

            Notoweega Nation member and artist Alicia McDaniel, a first year grad student at the California College of the Arts in San Francisco will have her diptych (painting) artwork featured at the former prison until October 2017.

Her work is made of stretched buckskins, painted with a beautiful red color to commemorate the Graffiti painted by the original protestors at the prison in the late 60s early 70s.

            LaNada War Jack and Eloy Martinez are two influential Native American activists who led and participated in the Alcatraz occupation.  --Alicia McDaniel, a proud member of the Notoweega Tribe

            This diptych shows them as they were in 1969 to memorialize their strength, resilience, and presence on the island. Both portraits were painted to mirror the rich, red brush strokes of the occupation graffiti.

            For those to young or unfamiliar with the occupation here is a brief excerpt from Wikipedia detailing some of the events that took place.

           The Occupation of Alcatraz was an occupation of Alcatraz Island by 89 American Indians who called themselves Indians of All Tribes (IOAT).[1] According to the IOAT, under the Treaty of Fort Laramie (1868) between the U.S. and the Lakota, all retired, abandoned or out-of-use federal land was returned to the Native people from whom it was taken. Since Alcatraz penitentiary had been closed on March 21, 1963, and the island had been declared surplus federal property in 1964, a number of Red Power activists felt the island qualified for a reclamation. 

           The Alcatraz Occupation lasted for fourteen months, from November 20, 1969, to June 11, 1971, and was forcibly ended by the U.S. government. The Occupation of Alcatraz had a direct effect on federal Indian policy and, with its visible results, established a precedent for Indian activism.




Grass Roots Legal Concepts Intentionally Forgotten in Modern Indian Law Rulings Featured

Do Indian law rulings spell the end of federal recognition?

Historically, when Native American tribes entered into treaties with the United States, there were no lawyers to assist the communal interests in negotiating the greatest good. Yet today, a recent legal ruling discourages non-lawyers from representing non-federally recognized tribal groups, while not addressing such pro se appearances on behalf of federally recognized tribes. Does this spell the end of federal recognition for tribal groups unable to pay for legal counsel to advance their political aspirations? Is this action another form of divide and conquer?

The ruling, by a federal magistrate in Robinson v. Jewell (E.D. Cal), appears to be modeled on a previous decision from the Southern District of Ohio, according to an individual there affected by that ruling. Marshall Lucas, of Logan, Ohio, goes by the name of Dancing Elk. As the Chief of the unrecognized historical Notoweega Nation, Dancing Elk has reviewed the latest ruling and sees little difference in his treatment versus the one involving David Laughing Horse Robinson, Chairman of the Kawaiisu Tribe of Tejon in California.

“The battlegrounds facing Native people today routinely look less like Standing Rock and yet quietly, and more destructively, carve up American Indian sovereignty on a day-to-day basis, one decision at a time. At some point, the distress flag has to be raised. When we try to take these fights to the court system, as the Golden Hill Paugussetts did for so long in Connecticut, the outcomes rarely take our positions under serious consideration to even render a fair judgment. The trend of these rulings would make even a casual observer take pause, let alone lose faith in the system,” Dancing Elk told me.

Both of the rulings reflect a continuing uphill battle for unrecognized tribes. Without an economic base to offset the overhead expense of entering into the recognition process, many dedicated individuals of Native heritage are left standing alongside the Red Road, hat in hand, with slim prospects for the continuity of their culture officially.

Dancing Elk asserts that tribal groups seeking federal recognition should be extended funding to make their compelling cases best until a decision or a successful appeal is rendered in a valid claim. Possibly the funds could be repaid thru tribal economic enterprise once the recognition process is formalized.

Barring this unlikelihood, these tribal groups may be experiencing an ongoing violation of the 14th Amendment. Furthermore, no other distinctive heritage than Native Americans finds itself in this precarious position. That would seem to set these struggles singularly apart from African-Americans, Hispanics, Asian-Americans, or any other population segment engaged in ongoing litigation with the United States. Any pro se involvement with their respective lawsuits does not seem to warrant targeting like the affected Native lawsuits.

“This seemingly trivial matter may likely be a U.S. Supreme Court-level argument,” Dancing Elk explained to me. “There is a contradiction, whether literal or actual in nature, which reduces the burden for previously recognized tribes. That recognition serves the U.S. government’s agenda, best shown by the 1823 Supreme Court ruling in Johnson v. M’Intosh, establishing that American Indians only hold a “right of occupancy” upon the land they reside on, due to the ruling and the American Revolution outcome.”

The Doctrine of Discovery was cited by then-Chief Justice John Marshall in Johnson v. M’Intosh, in the first of three rulings which constitute the “Marshall Trilogy” which much of contemporary American Indian law is based. It is also a concept that has been increasingly railed against by Native scholars such as Steven Newcomb. These concerns have been taken to the Vatican itself, but despite the ensuing publicity and some lip-service by the Catholic Church, the status quo outcome straddles the Age of Exploration to the era of Big Government in America.

To anyone reading this and only hearing the words unrecognized tribe, the implication is that they lack something in their federal recognition application. Hence they are not “real” North American Indians. Yet, in some states like Ohio or the Commonwealth of Pennsylvania, there are no formally recognized tribal groups despite the prodigious amount of Native history in each. Nothing slipped through the cracks in either example. The attitude was to marginalize any mounted Native land claims, let alone allow exclusions to such state rule by even tolerating tribal governments in their midst.

How and why sane Native activists would even consider entering the field of Indian Law but that is exactly the path that Dancing Elk is taking these days. He laughs a little in a tired way as he explains that if he cannot get through his current semester of pre-law studies that the dreams of the Notoweega Nation followers to achieve federal recognition are at risk. His attempts to generate the elusive legal funding, to eventually qualify for the Department of the Interior appropriation, have also been ordeals. Whether through tobacco sales or even computerized bingo sweepstakes, Dancing Elk took a now-familiar path in his tribal business planning. Those failed results have been exacerbated by the DOJ asset forfeiture of his personally-owned property and a dogged effort by Ohio prosecutors to minimize his proceeds.

Apparently, a lot of Ohioans in the southern part of the state subscribe to being part of the Notoweega heritage. That left an impression on me that I just cannot look past. I was aware of a group that I ran into in Pennsylvania years ago, which eventually ended up in Ohio that also sought federal recognition. Their followers were much more concentrated among very few family bloodlines, and their form of government seemed to model at best a benevolent autocracy replete with animal skin clothing and stone tool craft sales. They brought their own fire with them wherever they ended up. Conversely, Notoweega heritage stretches into West Virginia, Kentucky and sprawls into the Appalachian Trail.

Working against such groups is that the longer your membership base has to survive in a mainstream setting, the less likely the bloodlines of the culture-bearing families will be able to maintain a level of blood quantum in their population of initial core tribal member applicants. Thus, idle time itself kills a lot of the potential of these fledgling tribal groups, valid application or otherwise.

As far as Dancing Elk himself, he keeps busy as a working actor in a number of motion pictures and television features; both completed and in production today. For anyone saying that he is a turkey-feather chieftain and a publicity hound, they are missing the point.

“I know all sorts of people that I have worked with whose names are known to the general public, making them technically famous. After talking to them about the basics of some of these issues, even they can agree that a miscarriage of justice, as well as political prosecution, have occurred to derail a federally recognized Notoweega Nation government. Our people in Barbour County, West Virginia, proclaimed a Federal Indian Reserve in 1763, only got electricity to our homes in 1978. That was only 40y years ago. Those that moved to Zanesville, Ohio, living on ceded land reserved under treaty rights, they only got running water a few years ago. For all of the good that a tribal government could do here in bringing people together, we also could advance the regional economy in ways that local government cannot. We want the best outcome for the greatest number, not just our Native families.

The fine line between successful federal recognition and extinguished tribal fires is very thin. The California ruling on pro se representation may be the closest thing to a full bucket of water being thrown over the hopes and dreams of a smoldering, marginal Native population, deprived of their cultural destiny by a self-serving policy of exclusion and Nineteenth-century thinking.

Charles Kader (Turtle Clan) was born in Erie, Pennsylvania to a World War II veteran. He attended Clarion University of Pennsylvania, earning degrees in Communication and Library Science, as well as Mercyhurst College where he earned a graduate degree in the Administration of Justice. He has worked across Indian country, from the Blackfeet Community College in Browning, Montana (where he married his wife) to the Saint Regis Mohawk Tribe, and now resides in Kanienkeh.


The Fourth Annual June Jamz Native American Indie Music Award-Winners Featured

 The Native Trailblazers Radio Show Announces:

Native Indie Artist Dancing Elk rises to the top of the list with his song “Hollywood Indian Little Plecker”

After countless votes from all over the world have been tabulated, The Native Trailblazers Radio Show is proud to announce their Fourth Annual JuneJamz Native Indie Showcase People’s Choice winners! June Jamz episode available in archives here - JuneJamz

In June, Native Trailblazers has a month long series of shows highlighting today’s Independent Native Artists from every genre to include Folk, Hip-Hop, Country and Electronic and Traditional and more. After the shows which aired in June, Native Trailblazers listeners voted for their top five favorites.

In addition to the Top5 – 16 year old Ukrainian flute artist Alissa Skorik received massive support to garner the “Native Spirit Award.”

Dancing Elk, the number one artist, will receive airtime on a future segment of the show and promotional support.


Non-recognized tribe in Texas hails ruling in eagle feather case

The non-federally recognized Lipan Apache Tribe of Texas is welcoming an appeals court decision that clears the way for its members to possess eagle feathers.
In a unanimous decision, the 5th Circuit Court of Appeals said the Interior Department failed to explain why Indians who are members of non-recognized tribes can’t possess eagle feathers as part of their religious practices. The ruling will help Robert Soto, the tribe’s vice chairman, secure the return of eagle feathers that were seized during a powwow on March 11, 2006.


Lucas files more paperwork in lawsuit against city officials


Posted: Wednesday, August 6, 2014 7:30 am



LOGAN — A lawsuit between city of Logan officials and local resident Marshall Lucas, also known as Great Elk Dancer for his Elk Nation, is moving forward with another motion filed, this time by a representative for the Notoweega Nation.

Philip W. Gerth, of The Gerth Law Office in Gahanna, submitted a motion for “leave of court to file an amicus curiae brief” on July 21 in U.S. District Court for the Southern District of Ohio, Eastern Division.

Lucas’ $20 million lawsuit is against Logan Mayor Martin Irvine, Fire Chief Brian Robertson, Police Ptlm. Josh Mowery and Logan City Service Director Steve Shaw.

The lawsuit has been steeped in paperwork since it was initially filed in the district court in June 2013, on a total of 19 complaints stemming from Lucas’ business, Red Door Internet Cafe.

The motion filed in the District Court in Columbus, claims that the court may be “confused by the terminology” used in the case and suggests that the court would benefit from its amicus brief.

The brief was filed in hopes of bringing a sense of better understanding of Lucas’ terminology and claims and in doing so, bring a greater understanding of tribal law to the court.

An amicus curiae is someone who is not a party to a case, who offers information that bears on the case, but who has not been solicited by any of the parties to assist the court. This may take the form of a legal opinion or testimony (the amicus brief) and is a way to introduce concerns ensuring that the possibly broad legal effects of a court decision will not depend solely on the parties directly involved in the case. The decision on whether to admit the information lies at the discretion of the court.

However, in response, the city’s attorneys, Todd M. Raskin and Cara M. Wright, filed a brief in opposition to the Notoweega Nation’s motion and asked that the court deny the motion for the amicus curiae brief.

According to the amicus curiae brief, there are four issues that need to be clarified in order to better understand Lucas’ lawsuit.

Issue one: What makes a tribe? A tribe is an artificial construct, such as a corporation or a nation-state. A tribe can have a beginning and a legally-recognized status.

Issue two: What is Ohio’s tribal history? When European settlers entered America, most of the Ohio Valley was claimed by tribal groups. Despite the struggles by the tribes, Ohio sit still 0.3 percent Native American according to the 2013 U.S. Census Bureau numbers.

Issue three: Do tribes only live on reservations? While many assume that Ohio has no tribes, this is not accurate, according to the paperwork filed on July 21. Ohio lost the tribes that chose to live on reservations; a tribe is not defined by living on a reservation. The Notoweega Nation, chose to keep their culture, but live among other Ohioans.

Issue four: How has a tribe historically been recognized as sovereign by the government? A sovereign is generally defined as a person, or group, with either absolute power or absolute authority. A tribe may be recognized as sovereign, and yet act in an unsovereign manner. The brief further described the American history of tribes and sovereignty.

The ways that a tribe is recognized as sovereign are Congress recognizes the tribe’s sovereignty; Congress delegates to the Bureau of Indian Affairs to recognize the tribe’s sovereignty; or a federal court recognizes the sovereignty of the tribe.

In conclusion, a tribe does not need to live on a reservation to be considered a tribe. A tribe does not need the Bureau of Indian Affairs recognition to be considered sovereign. The 78 tribes that rejected the proposal under the Indian Reorganization Act are just as sovereign as those that accepted the proposal. Those tribes that rejected the proposal are just a little harder to keep track of on paper.

According to the motion, there are still tribes in Ohio and Lucas “Dancing Elk” leads one of those tribes. Lucas is claiming that his sovereign rights have been ignored by the City of Logan and others.

The city’s response claims that the “brief (amicus curiae) fails to provide any information that is relevant to the claims pending before the Court and the information contained within the brief is rarely verified with a citation to any authoritative source.”

The city’s response further states that the “Notoweega Nation does not have any special interest in the litigation” and the Notoweega Nation has characterized Lucas’ complaint as “alleging violations of his tribal sovereign rights. However, the doctrine of tribal sovereign immunity is wholly inapplicable in this case as no Indian tribe has been sued in this matter.”

Lucas is asking the court for “injunctive relief and declaratory judgment as well as compensatory damages for the value of the business opportunity or expectancy that was lost as a result of the city’s tortuous and improper interference of his business.”

Lucas believes he has been harassed since he first opened his business in Logan, the Mingo Trading Company. He describes Red Door Internet Cafe as well as the Mingo Trading Company as “tribal” businesses.

In March, agents with the Ohio Bureau of Criminal Investigation raided the Red Door Internet Cafe and seized gaming machines as well as personal computers, laptops, monitors and other equipment. Lucas has since opened an online casino.


Choctaw tests new passport rule in Calais

Choctaw tests new passport rule in calais maine. For Friends in the North and South

August 5, 2014 at 12:42am


Bangor Daily News (Bangor, ME)


CALAIS - Although traffic flowed smoothly most of the morning as customs officials enforced the new requirement Monday for U.S. citizens to show passports or pass cards to re-enter the country, there was one glitch when an American Indian tried to make a statement that the new passport rules do not apply to Indians.

Lead Horse, a Choctaw Indian from Oklahoma, said Indians do not recognize the border.  The rest of the article has to be downloaded if you wish to read the article.

Although I said Chahta for the tribe I was associated with and Original people for all our people.  The bangor daily newspaper categorized our people as american indian or indians.  Our people are neither of the two mentioned in the article.   The Original people of the land have to realize that the foreign people who are not of our people or land want the Original people to use names they have tried to place upon the Original people. 

We do not call ourselves united states slaves or citizen.  Citizen means slave, we do not call ourselves americans or american indians, natives, indigenous, ab-original, indian americans and so on and so on.  Every tribe of people in the north has a name in the Original language for the people.  We are the Original people of the north and not a name made by a corporation to be used to describe our people to the foreign people.

Do not call yourself something you are not.  Use your language to describe yourself.


The Notoweega Nation files Appeal - ICWA Featured

On March 7th 2014. The Notoweega Nation filed it’s Third Motion of Intervention in the Tri-State area. This is the first time in the state of Ohio. Discovery documents were requested on March 14th in the case of Abigail Johnson, a minor and member of the Notoweega Nation. Also filed was an OBJECTION to the defenses the MOTION CONTRA MOTION TO INTERVENE. The Grandmother Donna Allberry has been completely left out of the process by the Hocking County Juvenile Court Division. ON March 31st the matter was DISMISSED WITHOUT PREJUDICE by Judge Richard M. Wallar, and request for discovery was never answered, nor was there a court hearing involving the Plaintiffs. Today, March 9th, 2014. The Notoweega filed a 9 page Appeal seeking MOTIONS TO APPEAL AND REQUEST FOR STAY, MOTION TO COMPEL AND MOTION TO EXPEDITE INTRODUCTION, to the Ohio Supreme Court Fourth Appellate District APPEALS for Hocking County. All arguments have been made Parens Patrae as the Notoweega Nation is citing Inherent Sovereign Rights as a Non IRA, Pre-Constitution Tribal Government that is Self Governing. That lower courts have no jurisdictional powers and there for the minor should be remanded to The Tribal Government.


Notoweega Casino First In Country

The Red Door Casino Online is the very first Aboriginal Online Casino in the United States.

The Red Door Casino in a joint venture with Notoweega Nation is the very first Aboriginal Online Casino in the United States. The gaming site is all about providing self sustaining prosperity to the Notoweega community. For us it is not about gambling, it is a self inherent right to protect our sovereign space and provide opportunities for other tribes.

The Notoweega Nation, whom has created it's on Gaming Commission hopes to work with other Tribes in entering this untapped online market. Even tribes without land base casinos will be able partner with the Notoweega Nation and other gaming associates.

Casino Website

Press Release Native American News, by Native American Encyclopedia. Click to Visit News portal and rss for The Red Door Online Casino one of the first.


Lawsuit against city is moving forward

Posted: Friday, May 2, 2014 7:15 pm

COLUMBUS – A lawsuit between city of Logan officials and local resident Marshall Lucas, also known as Great Elk Dancer for his Elk Nation, is moving forward after a scheduling hearing Thursday morning at the U.S. District Court for the Southern District of Ohio.

Magistrate Judge Mark R. Abel, who previously called the case “frivolous and malicious,” set Oct. 1 as the due date for discovery. During discovery, both parties collect facts, witness statements and gather any pertinent information to present their cases. Lucas’ lawsuit is against Logan City Mayor Martin Irvine, Logan Fire Chief Brian Robertson, Logan Police Patrolman Josh Mowery and Logan City Service Director Steve Shaw.


The $20 million lawsuit has been steeped in paperwork since it was initially filed in the district court in June 2013, on a total of 19 complaints stemming from his business, Red Door Internet Café.

Lucas, who attended Thursday’s hearing with five people from his tribe, is asking the court for “injunctive relief and declaratory judgment as well as compensatory damages for the value of the business opportunity or expectancy that was lost as a result of the defendants’ tortuous and improper interference of his business.”

In late March, agents with the Ohio Bureau of Criminal Investigation raided the Red Door and seized gaming machines as well as personal computers, laptops, monitors and other equipment. All of Lucas’ documentation was stored on these computers, he told Abel. Abel said that Lucas can file this in the discovery report.

Both parties also have the opportunity to use expert witnesses to argue their cases. During the proceedings, Abel said he set the Oct. 1 date so that Lucas would have a fair amount of time to find an expert on tribal law that can testify in the case.

“I am not an attorney,” Lucas told Abel. “I am acting in the best interests of my people and our nation.”

Lucas believes he has been harassed since he first opened his business in Logan, the Mingo Trading Company. He describes the Mingo Trading Company and the Red Door Internet Café as “tribal” businesses.


Ohio AG Raids Hocking Co. Casino, Owner Claims Sovereignty

LOGAN, Ohio - An alleged illegal casino was closed in Hocking County Friday.
By: Denise Yost, Multimedia Content Manager - This email address is being protected from spambots. You need JavaScript enabled to view it.

Agents with the Ohio Attorney General's Office served a search warrant at the Red Door Casino at 44 E. Main St. in Logan Friday afternoon.

Agents removed gaming machines from the business. 

"The people that do go in there and gamble it's nothing major maybe $5 here, $10 dollars there," said Logan Resident Jacob Keister looking on. 

The search warrant was served as part of an ongoing investigation regarding allegations of illegal gambling at the location. 

The owner claims the raid isn't your typical raid on a suspected illegal gambling joint.

"This is in retaliation for operating as a tribal people," said Marshall Lucas who goes by the name Dancing Elk.  He tells NBC4's Denise Alex that he is a member of the Notweega nation. 

That's where the raid, where computers, televisions, gaming machines and cash that were seized, gets more interesting.

Ohio BCI agents and member of the Ohio Investigative Unit spent about 4 hours seizing items from the Red Door on East Main Street in downtown Logan. The business owner says he is being unfairly targeted because he's a member of the sovereign nation.

"They have no right to enter our property.  This is sovereign property.  We are non-reservation Indians. We are operating a sovereign business," added Dancing Elk.

 He says the Notweega nation is a Native American tribe that governs itself.

 Ohio BCI agents say the Logan native is breaking the law.

"There's several different variables that actually makes it illegal but some of the cash pay outs and some of the things they were doing, allegedly going on are suspected at this establishment," said Special Agent Supervisor Scott Fitch. 

Tribal members say they are misunderstood.

"Insult to injury would be the best to describe the scenario right now," said Karmelita Plains Bull.

"They are stealing our property, the are destroying our property. We've been dealing with this for over 5 years now," said Dancing Elk.

 Dancing Elk took NBC4's Denise Alex inside the Red Door after police cleared the scene.

 Newspaper articles taped to the wall tell the Red Door's battle to stay open for business.

Dancing Elk claims to be harassed for years by many Logan city leaders and has $20 million dollar lawsuit against them pending in federal court.

 No arrests were made in Friday's raid, but officials said charitable law prosecutors with the Ohio Attorney General's Office will decide on charges.

will decide on charges.

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