Pechanga denies disenrolled family's appeal
By: JENNIFER KABBANY - Staff Writer | ∞
TEMECULA ---- A family of about 100 adults with the Pechanga Band of Luiseno Indians disenrolled by the tribe have lost their appeal of that decision.
The ruling on the family's appeal, reached this month by Pechanga's enrollment committee, marks the second time in as many years tribal leaders have ousted large families formerly considered descendants of the Pechanga Band, established in 1882.
The ruling not only strips the extended family of their membership in the tribe, but it also takes away health insurance, college scholarships and other benefits provided by the tribe, including thousands of dollars in casino profits tribe members get each month.
The tribe and its 1,000 members own and operate the Pechanga Resort & Casino, southeast of Temecula and one of the most successful Indian gaming ventures in California.
The family most recently disenrolled was the Hunter family, a group of nearly 100 adults who trace their lineage to Paulina Hunter, who was listed on tribal rolls in the late 19th century.
Another 130-plus adult members formerly with the tribe who can trace their lineage to Temecula pioneer and Luiseno Indian Pablo Apis were ousted from the band in 2004.
The two disenrollments center around disputes over the legitimacy of the Hunter and Apis clans' heritage with the Pechanga band, according to tribal documents regarding the procedures.
In the case of the Hunter family, there is dispute over whether Paulina Hunter is of Temecula descent. The enrollment committee asserts that "Hunter was not an original Pechanga Temecula person." An anthropologist hired by the committee states she very well could have been, however, according to documents used during the disenrollment procedures.
Pechanga Tribal Chairman Mark Macarro would not comment in person, but issued a written statement Friday, stating the decision to deny the appeal was reached after months of investigation and hearings.
"This is a very complex intertribal matter involving Pechanga history and genealogy," he wrote. "Questions about citizenship, therefore, are resolved by the Pechanga enrollment committee, the government body with the proper authority and ability to determine if a person meets criteria for Pechanga citizenship.
"The insinuation that these actions are motivated by politics or profits is reprehensible. The fact is that disenrollments occurred long before Pechanga ever opened its gaming facility," he stated.
Former Pechanga members see it differently.
"It's all about greed and political power," said a member of the Hunter family who asked not to be named. "We have been labeled as non-members, and so we are treated as outcasts, and that's pretty devastating in your own community, where you have lived your whole life for generations."
The ousted members of the Apis family have turned to the courts to plead their case, but victory has eluded them. Their first lawsuit was recently declined by the U.S. Supreme Court, terminating the case. Another more recent suit filed by the ejected members that seeks tens of millions of dollars in damages is winding its way through the court system.
The suit alleges that tribal members are trying to decrease the number of adult members in the band to increase their own clout within the tribe and thereby enlarge their share of casino revenues.
Indian sovereignty and disenrollment have taken on a new significance around the nation, with the rise of Indian casinos and the money and political clout that accompany them. Pechanga is not the only tribe to disenroll some of its members. Others in the state and across the nation have, too.
"It's not about a check or money," said John Gomez Jr., a spokesman for disenrolled Apis family members. "They are dealing with our tribe's history, who we are and who we have always been."
For one of the Hunter family members, the recent disenrollment has been devastating, he said.
Lawrence Madariaga, 89, is the oldest male living on the reservation. In a written statement, he recounts the endless days he volunteered his time to work to build the reservation irrigation system.
"Just three months (after I was honored by the tribe at a Christmas party) for my lifelong service to the tribe and the reservation, I was disenrolled," Madariaga stated. "I have been stripped of all my rights and privileges. ... Since the disenrollment, I have been told the same reservation clinic that I have worked so hard to build will no longer care for me or provide me with medical service."
Medical insurance for his wife, Sophia, 86, has also been revoked.
"My wife and I have been together for over 69 years; we are at a loss as to what to do," he said.
Several members of the Hunter family continue to live on the reservation. It is unclear whether they will be asked to leave. That decision may involve the Bureau of Indian Affairs.
-- Contact staff writer Jennifer Kabbany at (951) 676-4315, Ext. 2625, or jkabbany@californian.com.
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Obviousman wrote on Aug 19, 2006 6:39 AM:What a tremendous example of generousity the Pechenga Indian Nation has set for the entire community. I really want to spend money at their casino after readling this article!
It's Me wrote on Aug 19, 2006 7:57 AM:Now that's what I call Indians for self reliance :)
Not a member: wrote on Aug 19, 2006 10:22 AM:I believe that this is tribal business. The tribes with income from Indian Gaming prove to be as selfish and greedy as the rest of us by trying to limit the enourmous profits to themselves and their closest relatives and refusing to use those profits to benefit others. If the excluded families were able to establish their claim they would be equally selfish and greedy and exclusionary. This tribe's decision however, is no more the business of non-Luiseno peoples than the first election of GWB was the business of Canadians or Mexicans. It is funny business, but their business.
It's all Greed wrote on Aug 19, 2006 10:28 AM:See that? For nearly 100 years no one challenged any ancestry, suddenly when they rolling in the dough, it's time to shed the weight. I bet those indians cited "this huge tribal membership" when they needed it, and now when it cuts into their take, they get rid of them.
TemCitizen wrote on Aug 19, 2006 12:12 PM:Crooked greedy something for nothing Indians is what it is....
Nick wrote on Aug 19, 2006 1:27 PM:As a Native American, I am digusted by the greed that comes shining through. The worse part is that even though our local tribes have money coming in, it does little to combat the real problems on our Reservations. Drug and alcohol addiction is still the #1 reason for murders and violence on The Res, and the Casino money just helps feed the addictions. I have witnessed this first hand in the 80's & 90's, and it is still a problem. I have lost more than a few friends on The Res due to Meth related violence. As a member of the Cherokee Nation of Oklahoma, my wife is always asking why I don't get free money like the local Indians. First off, the money is not free, it was bought and paid for by the blood of my ancestors who were forced to march on The Trail of Tears. Second, the casino revenues are used to benefit all the members of the Tribe by building new schools and hospitals and the people needed to staff them. The money goes to new fire houses and ambulance services, and scholorships for our youth. Not to mention housing and social services programs. Unfortunately, our local tribes are not investing enough in their infrastructures and taking care of it's youth. They do their people a disservice by giving them a free handout. You think that they would have learned a lesson or two from past relationships with the white man and his dishonest goverment. Instead, they chose to treat their own people the same way. Shame on all of you.
Outsider wrote on Aug 19, 2006 2:46 PM:This is not new to Pechanga or other tribes, disenrollments have been going on for at least 20 yrs. that I know of and that is before the casinos. Yes it is sad but apparently the proof wasn't there to uphold what these families claim. One more thing as long as your Indian, the Indian clinics take you in. I see it as protecting the Tribe.
Not A Member wrote on Aug 19, 2006 5:47 PM:Thank you Nick for your statement. It would seem that you are connected to the spirit of the Native American experience. Good Luck to you.
Nick wrote on Aug 20, 2006 10:51 AM:to TemCitizen: Just so you know, the land that Temecula sits on was stolen from the Luiseno People by crooked, greedy, good for nothing white people. The Treaty of Temecula was signed by President Zachary Taylor in January of 1852, giving them 4,000 square miles(YES, 4,000 Square miles)for a Reservation. Greedy land speculators and white settling lobbyists weaseled the U.S. Senate into reneging on their Treaty just like every other Treaty your ancestors Government has ever signed. Please know your history before opening your mouth. If your not Native, it really doesn't pertain to you anyways, now does it?
Nick wrote on Aug 20, 2006 11:00 AM:Outsider, you are partly correct on the clinic thing. The Medical Clinics will not just take someone who walks in and says they are Indian. You must be a member of a Federally Recognized Tribe, and you must present your D.I.B. Card issued from the Bureau of Indian Affairs. Only members of the local Tribal Clinic attended recieve full medical coverage. Members of other tribes recieve partial coverage and must have insurance to cover the difference or pay it out of their pocket. I know, because that is what I have to do. So not all of my medical coverage is free, and I still shell out $600 bucks a month on insurance coverage for my family. Don't even ask about my mortgage and property taxes.
Mary wrote on Aug 21, 2006 9:22 AM:It seems that the Indians are as greedy and heartless as they claimed the American Goverment was to them. Wow, talk about not learning from the past. How about compassion and care for people who have been in "the tribe" all of their lives. Stop the lineage at the last Hunter who lives now, and leave the ones who have built their life on The Reservation alone. Instead, how about kicking out an 89 year old man who gave his life helping all of them. Great example of Indian wisdom and compassion.
Carol wrote on Aug 21, 2006 11:31 AM:As a person who works with enrollment issues on a daily basis, it is a basic right of all individuals to equal protection and due process. I would hope that the tribe that is disenrolling has the documentation to back up the actions being taken. It is unfortunate that this is happening. As tribes we all share the common bond of being Native; to treat our members like this is just sad. I sincerely hope that the CA tribes watch what they're doing and that their actions do not jeopardize the sovereignty of other tribes in the country. Not all tribes are like this.
Murrieta Resident wrote on Aug 23, 2006 8:40 AM:Oh, by the way Pechanga Indians, thanks for ruining Temecula with the influx of criminal elements to your greed based casino.
Pechanga in blood wrote on Aug 23, 2006 5:28 PM:Some believe that what people believe to be true is true no matter the evidence. They throw around terms like self determination to distract from the obvious. Others spread around the notion that money& power are the cause for what is happening in Indian Country. Nonsense, the issue is that the ousted members of a tribe have no recourse. Once cast out of a tribe the ousted members have nowhere to turn to ensure they have had a fair shot at remaining self reliant and participating as they have since the beginning of time with there cousins- who remain tribal members. In the case of Pechanga the Tribal Council railroads the tribe to the conclusion that what is happening is in the best interest of the tribe. All the while the Council remains autonomous to the actions of disenrollment because the Enrollment Committee by the Councils own words have ultimate authority in all enrollment issues at Pechanga. I believe it is the General Membership who has the final say in all matters of the Band. July 2005, the General Membership voted 212 to 197 to stop all disenrollments. I here there will be more disenrollment at Pechanga regardless of the Petition. No recourse for ousted members.
Stella wrote on Aug 27, 2006 12:00 PM:This is despicable. The families lineage was sure good enough for the Pechanga tribe at the time they needed them so they wouldn't be terminated by the government for low enrollment status. Now big bucks are on the way for this tribe and the greed kicks in. What is this blinded by greed tribe going to do when they are terminated by the government for low enrollment? Oh well they got bit in the butt by the greenedeyed monster!! To the Hunter and Gomez families Keep on fighting for rights for re-enrollment It's heartbreaking, but get tough and fight back. Get those anthropoligist to get DNA. to trace your ancestors. If Hunter & Gomez Elders were enrolled member so should their heirs. May are Great Creator Bless and keep your families safe. Blackfeet Nation member- Montana
Bill wrote on Aug 27, 2006 12:18 PM:Please refrain from the old racism, bigotry of labeling an entire group of people "Indians" or an entire tribe "Pechanga" based on the actions of a few people or even of a government. When you are tempted to do this please insert "white people" or "Americans" or "Congress" or "Las Vega" or "California" and test the sentence then. If it has the same impact then perhaps it is relevant. For example one might say "Oh, by the way (white Californians), thanks for ruining (the reservation) with the influx of criminal elements to your greed based (land grabbing)." or some such. That is the start of a conversation.. .
Stella wrote on Aug 27, 2006 12:51 PM:This is despicable. The families lineage was sure good enough for the Pechanga tribe at the time they needed them so they wouldn't be terminated by the government for low enrollment status. Now big bucks are on the way for this tribe and the greed kicks in. What is this blinded by greed tribe going to do when they are terminated by the government for low enrollment? Oh well they got bit in the butt by the greenedeyed monster!! To the Hunter and Gomez families Keep on fighting for rights for re-enrollment It's heartbreaking, but get tough and fight back. Get those anthropoligist to get DNA. to trace your ancestors. If Hunter & Gomez Elders were enrolled members so should their heirs. May are Great Creator Bless and keep your families safe. Blackfeet Nation member- Montana
Emmy wrote on Aug 29, 2006 4:19 PM:Wow, I guess $16,000.00 a month would make anyone want to fight to remain enrolled. I find that is what one member receives each month, so he does'nt have to work at all!!! Great incentive to do nothing!!
anthony wrote on Sep 7, 2006 8:27 AM:the hunter family has more proof than any other family that we are origianl temecula peachanga people. if people only knew of the corruption that goes on at that indian tribe.
Paulina's KIn wrote on Sep 9, 2006 3:23 PM:Emmy, Paulina Hunter's family were members BEFORE there were casinos and members BEFORE white man Butch Murphy was on the reservation trying to splinter the tribe. In fact, Paulina was one of the FIRST original Pechanga people. The Pechanga Enrollment committee disenrolled the Hunters using a criteria that was not part of the Pechanga Constitution and took the word of a convicted FELON, child molester, via a letter from prison! They ignored their own paid anthropologist, and in fact, didn't even reference him in their decision. Amazing.
Camille wrote on Sep 16, 2006 12:21 AM:I happen to be very good friends with ,one of the familes being disenrolled. I can not beleive this kind of ellegal stripping of birth rights can go on in the pechanga nation. Its sad when they have help built this casino and now that the leaders on the trible committe are calling all the shots and some are not even of pechanga blood and there the ones helping kick people out . all of you pechaga people need to stick to gether. there is enough money to go around. stop selling out your brothers and sisters . stand up for eachother and stand strong.
authentic1 wrote on Oct 22, 2006 3:36 PM:It's unfortunate that the public has to be so opinionated and judgemental of the Pechanga council and it's members without being fully aware of BOTH sides of the story or the undersanding of the enrollment procedure which is necessary with all of its guidelines and criteria which must be met in order to sustain the authentic and true lines of ancestry. Without those guidelines, membership would be overflowing with people not entitled to benefits of any kind whether it be from government programs, health benefits or in this case, profits from the business. And while it may seem (in public opinion) that Pechanga and it's members are nothing but a bunch of "greedy, fake,power hungry,lying, alcholic, drug addicted injuns" why is it that it is the one's shouting "no fair!" are the same people who; 1.)ran to the media and exposed all of the internal affairs of the tribe? 2.) put their former "brothers and sisters" (their words) in harms way (letting the public know the average income of the members isn't very smart or safe in this day and age!!) and 3.)having a website which is in no way "unbiased" and it's information is filled with alot of hate, vindictiveness, revenge and absolute hostility towards not only the members but the elders which ARE SO VERY, VERY DEAR to it's people, why is it them doing all of this and nobody else but them??!!! Hmmm.. Does the saying "me thinketh that thou doth protest too much" have meaning to any of you? My question is this... why would they even want to be part of the tribe , when they have told everybody how greedy and evil they are? How could they ever possible look the other members in the eye after blasting so many hate-filled words and airing their "dirty laundry" out to the public and media? How can they say how bad the treatment of L. Madariaga has been, yet ridicule and make such malicious remarks about the elders of Pechanga by saying they hope they "die" soon, ect? These are the same people who turn to you (the public)and say "support us, we're right, they're wrong!!" You know what's really sad, that the public listens!!
Alicia wrote on Oct 25, 2006 5:05 PM:I am 15 years old, my family has been illegally disenrolled just as the Gomez family and the Hunter family and numerous others.To all those corrupt, greedy natives WHAT ARE YOU THINKING? Does it empower you to deny original members and their unborn children yet to come? ...
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