The State Of Washington
The State Board of Education
The Bethel School District
et.,al.

The Nature of the complaint concerned the use of Native American Indian caricatures and icons being used by the Public School system of the State of Washington as Mascots for school teams.

The writ of Certiori and complaint presented by the Special Prosecutor Dr. Robert R. Ward brought forth the following allegations:

Defendant’s Ethnicity:

The defendants of this action are in a majority of the ethnic race of anglo-european.  There are some Asian, African American, and a few Native People customarily purchased in usual divide and conquer colonialism practice.

The defendants of this action are enjoined by their Title, Profession, and the ‘causal connection’ of their organizations. Defendant’s identified as “The Bethel School District” is in direct connection with subpoenaed victims, as follows:

Dr. Terry Bergeson in his capacity as President of the Washington State Board of  Education.
Charges:  Institutional Racism, Conspiracy to Commit  Genocide

Joy Cook, Warren Smith, Terry McLaughlin, Bob Sturgill, Dennis Townsend, Tom  Weathers, in their official capacity as the Bethel School District Board of Directors.
Charges:  Institutional Racism, Conspiracy to Commit Genocide

Terry Pullen in his official capacity as the Principal of Bethel High School.
Charges:  Institutional Racism, Conspiracy to Commit Genocide

and Does 1 through 100 to be discovered by the Special Prosecutor process.

Victims Ethnicity:

Three enrolled Cherokee
Two Nez Perce
One Commanche
Two Makaw
One Lummi
* One enrolled Mesacalaro Apache

Complainants:

The following complainants present their denouncement of the use of Native Indian Mascots through resolutions issued from their Non-Profit Organizations.  The interest of these organizations is in that they have Tribal members residing, working, and attending schools in the State of Washington.

The National Congress Of American Indians:
Organized in 1944 the Congress is the oldest and largest Native Peoples  Governing Body in the United States and holds Government to Government  relations with the United States Government.

The Affiliated Tribes of Northwest Indians: Organized as representative of the Native Peoples Nations of Washington, Oregon,  Idaho, The Islands, and British Columbia.

The United Indian Nations of Oklahoma on behalf of:
The Shawnee Tribe
Caddo Tribe
Cheyenne Arapaho Tribe
Choctaw Nation
Commanche Tribe
Delaware Eastern Tribe
Iowa Tribe
Kaw Triba
Muskogee Creek Nation
Otoe Missouri Tribe
Ponca Tribe
Sac and Fox Tribes
Seminole Nation
Tonkawa Tribe
Western Deleware Tribe
Wyandotte Tribe
Fort Sill Apache Tribe
Cherokee Nation of Oklahoma

The Great Lakes Inter-Tribal Council
Bad River Band of Lake Superior Chippewa
Forest County Potawatomi Tribe
Lac Courte Orielles Band of Lake Superiror Chippewa
Lac Du Flambeau Band of Lake Superior Chippewa
Menominee Tribe of Wisconsin
Onieda Tribe of Wisconsin
Red Cliff Band of Lake Superior Chippewa
St.  Croix Band of Lake Superiror Chippewa
Sokagon Mole Lake Band of Lake Superiror Chippewa
Satockbridge-Munsee Tribe
Wisconsin Winnebago Tribe
Cheyenne River Sioux Tribe
Colville Business Council
Kalispell Business Committee
Native American Journalist Association

Asian American Journalist Association
National Association of Black Journalist
National Association of Hispanic Journalist
Presbyterian Church U.S.A.
American Jewish Committee
Human Rights Commission of the State Of Washington

Upon review of the credentials, accreditation, and identifications of all parties involved in the proceeding.  The Court acknowledges their authenticity and sits in session to listen to the case being presented by Special Prosecutor Dr. Robert R. Ward, American Indian Law Scientist in the case identified by the short title of  Native People v. The Mascot.

In The Matter Of Institutional Racism:

The Tribunal Court finds and is in agreement of the full Judiciary panel that the allegation of  Institutional Racism being practiced with-in the State of Washington Public Schools is real and prevalent as presented by the Special Prosecutor.  The finding is based on the the definition of Institutional Racism being:

Furthermore, based on information presented through oral presentation by the Special Prosecutor.  This Tribunal Court sets the standard that:

To charge institutional racism, one has to prove that the legal structure necessitates a racist outcome.  While also, understanding that Private Corporations, and individual persons may not be charged with Institutional Racism, this Tribunal Court’s theory is: Institutional Racism can only be charged against a governing body.  The defendant School Districts meet that requirement in the facts presented showing, said, School Districts being quasi Governing bodies, with various public authorities such as the power to enforce taxation.  Thereby, qualifying the defendant Schools Districts as the type of ‘Governing Body’ commonly described in the definition of Institutional Racism.

The Court agrees that statistics would not prove a case of institutional racism.  Instead, statistics reveal that a certain outcome has occurred, such as the high drop out rate of Native Students.  The Tribunal Court further understands statistics do not explain why it is true and it is understood, correlation does not prove causation.  Thus, although there are other factors involved, based upon the testimony of the victims at this hearing, the Charge stands.  In other words, on the assumption that the common citizens were law-abiding angels, the School District government’s policy of continuing the promotion of Native Indian Mascots brings into fruition results of racial inequality.

The Tribunal Court finds and is in agreement of the full Judiciary panel that the allegation of Psychological Warfare being practiced with-in the State of Washington Public Schools is real and prevalent as presented by the Special Prosecutor.  The finding is based on the definition of Psychological Warfare as being:

The Tribunal Court accepts the drawings and cartoons developed by Nazi Party Member Julius Striecher is a very real comparison to the caricatures and cartoons commonly found being promoted by the Public Schools of the State of Washington.  The Tribunal Court finds that the desired psychological effect from the practice of such soft-warfare is being affected upon the Native People.

In The Matter Of Psychiatric Harm a Residual Of Psywar:

The Tribunal Court finds and is in agreement of the full Judiciary panel that the allegation of Psychological Warfare being practiced with-in the State of Washington Public Schools is real and prevalent as presented by the Special Prosecutor and has residual effects. The decision was based upon the testimony presented in direct examination, and from cross examination by the Tribunal Judiciary Panel.  It is also presented that these residuals are beyond what are commonly experienced in a normal progress of life.

The Diagnostic Criteria as described in DSM-III-R of the American Psychiatric Association (ISBN 0-89042-021-1) section 309.89 Post-traumatic Stress Disorder.

The Diagnostic Criteria as described in DSM-III-R of the American Psychiatric Association (ISBN 0-89042-021-1) section 300.23 Social Phobia.

The Diagnostic Criteria as described in DSM-III-R of the American Psychiatric Association (ISBN 0-89042-021-1) section 300.02 Generalized Anxiety Disorder.

The Diagnostic Criteria as described in DSM-III-R of the American Psychiatric Association (ISBN 0-89042-021-1) section 313.82 Identity Disorder.

The Diagnostic Criteria as described in DSM-III-R of the American Psychiatric Association (ISBN 0-89042-021-1) section 300.40 Dysthymia (or Depressive Neurosis).

The Diagnostic Criteria as described in DSM-III-R of the American Psychiatric Association (ISBN 0-89042-021-1) describing the following Adjustment Disorders: 

  309.24 Adjustment Disorder with Anxious Mood
  309.00 Adjustment Disorder with Depressed Mood
  309.30 Adjustment Disorder with Disturbance of Conduct
  309.40 Adjustment Disorder with Mixed Disturbance of Emotions and Conduct
  309.83 Adjustment Disorder with Withdrawal
  309.23 Adjustment Disorder with Work (or Academic) Inhibition

The Diagnostic Criteria as described in DSM-III-R of the American Psychiatric Association (ISBN 0-89042-021-1) V Codes for Conditions Not Attributable to a Mental Disorder That Is a Focus of Attention or Treatment, as indicated in sections:
  V 62.30 Academic Problem
   V 71.01 Adult Antisocial Behavior
  V 71.02 Childhood or Adolescent Antisocial Behavior
   V 62.20 Occupational Problems
  V 61.20  Parent -Child Problem

The Tribunal Court finds and is in agreement of the full Judiciary panel that the allegation of Constitutional Violations and Non-Aggressive Treaty stipulations is consciously being violated by the State Of Washington under the leadership of Governor Gary Locke, through the promotion and practice of using Native Indian Mascots, with-in the State of Washington Public Schools is real and prevalent as presented by the Special Prosecutor and is explained as:

 Constitution Of The United States section 10, “No state shall enter into any treaty, alliance, or confederation, grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.

 No state shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imports, laid by any state on imports or exports, shall be for the use of the Treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.  No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

The Tribunal Court finds and is in agreement of the full Judiciary panel that the allegation of Civil Rights Violations and Equity In Education Rights is consciously being violated by the State Of Washington under the leadership of Governor Gary Locke, through the promotion and practice of using Native Indian Mascots, within the State of Washington Public Schools is real and prevalent as presented by the Special Prosecutor and is explained as:

 Being violation of the Mission Statements of the School Boards
 pertaining to the  guarantees of Equal Educational Rights.
 
 Being in violation of the United States Department of Education
 guidelines for  Equitable Education opportunities.

  In that, the evidence of testimony, when viewed under the auspices of various terms of psychological studies inclusive of personal cognition, and theories of duress. Whereas, Native Students that are harassed in hallways, classrooms, and other school activities suffer from a rise in blood pressure and other anxieties.  These various scientifically explained anxieties create a distraction of learning capabilities. Thus, the harassed Native Students are not in the secure state of mind as their classmates and therefore are not receiving the Equitable opportunity of public education.

The Tribunal Court finds and is in agreement of the full Judiciary panel that the allegation of Civil Rights Violations is consciously being violated by the State Of Washington under the leadership of Governor Gary Locke, through the promotion and practice of useing Native Indian Mascots, with-in the State of Washington Public Schools is real and prevalent as presented by the Special Prosecutor and is explained as:
 In violation of the Convention on the Non-Applicability of Statutory
 Limitations to  War Crimes and Crimes Against Humanity, G.A. res. 2391
 (XXIII), annex, 23 U.N.  GAOR Supp. (No.18) at 40, United Nations
 Document A/7218 (1968)

 In violation of the Convention Against Discrimination in Education United Nations  1962.

In violation of the United Nations Universal Declaration of Human Rights resolution  217 A (III) of 10 December 1948.

In violation of the United Nations Convention on the Rights of the Child, G.A. res.  44/25, annex. 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989)

The Tribunal Court finds and is in agreement of the full Judiciary panel that the allegation of Forced Assimilation and Genocide is consciously being violated by the State Of Washington under the leadership of Governor Gary Locke, through the promotion and practice of using Native Indian Mascots, with-in the State of Washington Public Schools is real and prevalent as presented by the Special Prosecutor and is explained as:

In the testimony presented it has been shown that Native Students become  ashamed of their culture and drop out of the culture through a loss of dignity.  This  therefore deletes the development of future leaders of the Native Nations.  This is  Forced Assimilation and therefore promotes the disappearance of the Native People  with a result of Genocide from Assimilation.

In violation of the United Nations Covenant on Civil and Political Rights, General  Assembly Resolution 2200A (XXI) 21 U.N. GAOR Supp. (No.16) at 52, U.N. Doc.  A/6316 (1966), 999 U.N.T.S. 171

Convention Concerning Indigenous and Tribal Peoples In Independent Countries,  ILO No. 169, 72 ILO Official Bull. 59.

Convention on the Elimination of All Forms of Racial Discrimination 660 U.N.T.S.  195.

The Tribunal Court finds and is in agreement of the full Judiciary panel that the allegation of Native peoples suffering economic damages is in effect.  This is a result of the State Of Washington under the leadership of Governor Gary Locke, through the promotion and practice of using Native Indian Mascots, with-in the State of Washington Public Schools is real and prevalent as presented by the Special Prosecutor and is explained as:

Native Students have the highest dropout rate in comparison with any other ethnic group.  This therefore, effects the individual earning capacity.  Furthermore, the Tribunal Court is in agreement with the evidence presented by the Professional Economist showing that the seed of racism against Native People. Whence it becomes nurtured into adulthood, creates a hostile economic atmosphere for Tribal Governments attempting to develop economical opportunities for sustaining their Tribal Nations.

On or about 2 NOVEMBER, 1997, the Court Administration consisting of Rudy James, Diana James, and Judge JK Samuels met with the Investigator Dr. Robert R. Ward (Cherokee) American Indian Law Scientist  at the Double Tree Inn in Tukwilla WA.  At that meeting Dr. Ward described some of his findings and presented that there is a strong possibility that the use of Mascots in the Public School was, and has been. Creating a racist attitude against Native Peoples.  He also suggested that such usage when viewed under the auspices of psychology, sociology, and human rights laws showed that there is a possibility that the seed for racism planted by these Mascots upon children of developmental years, eventually found it’s hateful attitudes into later life that had residual effects upon the “Self determination” and “sovereignty” of the Native People’s governments.

Upon considering the presentation by Dr. Ward, he was conscripted to become a Special Prosecutor and further investigate this matter.  His investigation was to conclude with a brief of Certiori, or complaint to the Northwest Inter-tribunal Court.

On or about 6 December 1997 Dr. Ward met with Court Administration Rudy James, Diana James, George James, Frank James, and J.K. Samuels at the Daybreak Star Native American Cultural Center in Seattle.  Dr. Ward stated that he felt he could produce enough direct evidence, and testimony from expert witnesses verifying his findings against the School Mascots.  He turned in his Certiori and Complaint and was instructed by the Court to continue.

The estimated Court Hearing date would be for February 1998.  On 10 February, upon request of the Special Prosecutor Dr. Robert R. Ward, the Court Hearing date was rescheduled for March 1998.  Scheduled for the Puyallup Tribal Community Center.

On or about 25 February, Special Prosecutor Dr. Robert R. Ward again requests a continuance and is granted a continuance for 22 May 1998 and instructed that no further continuance can be granted once subpoenas are issued.  At a meeting in Graham WA the Special Prosecutor explains to the Court Administration that he will be pursuing a case in the hope of obtaining an injunction against the defendants.  The Special Prosecutor explains that many of the victims affected by this usage of the Mascot are from tribes outside the State of Washington, but they live, work, pay-taxes, and attend school here in the State of Washington.  Based on that issue the Special Prosecutor request an Inter-tribal Tribunal of which would also include elders and judges from Tribes outside of the State of Washington.  He was informed that such a Tribunal would be called from amongst the Inter-tribal Elders the Court knows are residing in the area.

On or about 12 May, 1998 the Puyallup Tribe sent a letter stating they now deny the NWITC the use of their Tribal Community Center.  On or about 13 May 1998 the Snohomish County clerk of Courts obtained clearance for the NWITC to hold session on 22 May 1998 at Department 12.

It is therefore the opinion of this Tribunal Court. The use of Native Indian Mascots in the public school system has seen it’s day and is no longer acceptable.  Albeit acknowledged there has been in the history of the Public School System the practice of using these caricatures as a tool for the promotion of school and community pride.  The residual effects upon the Native People from this usage have entered into an era when such a practice has become racist.

The Court agrees with the Special Prosecutor’s closing argument that this issue is much the same as Brown v. Board of Education of Topeka; “ Today education is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment.  In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.  Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.”

Concerning the matter at hand, the residual effects of the use of Native Indian Mascots is not “On Equal Terms”.  No other race of children, nor culture of children of who are attending the Washington State Public Schools endure the racist remarks and activities from students, teachers, and school boards as that of which is endured by the Native Indian students.

The evidence of testimony and the scientific theories of psychiatry, psychology, sociology, and educational process has proven beyond the shadow of doubt that the use of Native Indian Mascots has turned into a racist practice.  Therefore, this Tribunal Court having the responsibility of protecting the rights of Native People and Native Children.  Also has a responsibility of insuring that Justice and Equality is blessed upon all that associate with the Native People.  The Court recognizes that this melting pot society must progress in the hand of harmony amongst all the cultures in order to maintain a civilized society.

Therefore, this Tribunal Court has issued, and will fully support the Injunction against the defendants.  This support calls for the immediate cessation of using Native Indian Mascots within the Public School system.  The immediate cessation will stop further harm being inflicted upon the Native Indian people.  In that pursuit, The Tribunal Court calls upon the Honorable Gary Locke, Governor of the State of Washington to recognize this racist issue and in His Official Capacity end the practice through an executive order.

This Tribunal Court will surely harmonize with His Honor the Governor in discussions concerning how to effectively and economically promote the changing of these Native Indian Mascots.  We collectively feel that such an anti-racist posture by His Honor will bring not only a positive light of this States Chief Executive being aware of, and attempting to combat racism in the State.  Especially in lieu of the plethora of racist charges and activities being fostered in the State.  A cessation will also be a blessing upon the citizenry of the State.  In that, new horizons are ahead for the State of Washington and it is promoting pride in its racial, cultural, and ethnic diverse population.

_______________________
 Processed by
 Diana James
 Clerk Of Court / Court Administrator