Friday, September 12, 2008
Washington Supreme Court to Review Tribal Sovereignty Case
Without comment, the Washington State Supreme Court has agreed to hear an appeal from Division Two of the Washington Court of Appeals regarding a tort suit against the Puyallup tribe. At issue is whether the Puyallup tribe waived its sovereign immunity when it agreed to cooperate with the state to collect sales tax on liquor sales at its casino, thereby exposing itself to tort claims arising from the sale of that liquor. The case revolves around the injuries suffered by a driver on the Puyallup reservation. The driver was struck by another car, driven by someone who was intoxicated and who had been drinking at the Puyallup casino. The trial court granted the tribe’s motion to dismiss the case on the ground that the Indian tribe was entitled to sovereign immunity. Now the state Supreme Court seems to want to open the case up again and make a ruling of its own and that can’t be good for the tribe. The original case that forms the basis for the appeal is Foxworthy v. Puyallup Tribe, 141 Wn. App. 221.
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Just like the dominent society to find a way around it. Nothing new to us NDN's look at all broken treaties, why would this be any different? I hope they have great attorney's to kick some butt on this issue or we(NDN') are in for more intrusion of our Sovereignity.
ReplyDeleteI am praying that the Tribe makes a lot of noise before the case is actually heard. They need Amicus Curae Briefs from everywhere, every tribal network any one the can and really hold the State to their word. If not, then force a termination on the collection of state taxes by the tribes portion of agreement. All or nothing on this agreement. It would have to work both ways.
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