South Dakota Sioux Tribe Refuses to Take Down Checkpoints That Governor Says Are Illegal

Posted on the 11 May 2020 by Thiruvenkatam Chinnagounder @tipsclear

Governor Kristi Noem on Friday sent letters to tribal leaders Siglo Sioux and Cheyenne River Sioux requesting that checkpoints along the United States and national highways across tribal lands be removed.

His office released an update on Sunday clarifying the request: "Checkpoints on national and US highways are not legal, and if they do not fall, the state will take the matter to Federal Court, as Governor Noem noted in his letter on Friday. "

Cheyenne River Sioux tribe president Harold Frazier told CNN that the main purpose of the tribe's checkpoints is to monitor and try to track the coronavirus if it should arrive. tribal lands.

"We want to make sure that people coming from" hot spots "or from heavily infected areas, we ask them to go around our land," said Frazier.

Asked about Noem's request that the tribe remove the checkpoints because they "interfere with traffic regulation on American and national freeways," Frazier said they will stay put.

"With the lack of medical resources, this is our best tool we currently have for [the spread of Covid-19]"Frazier told CNN. Frazier said the reserves are ill-equipped to deal with a coronavirus epidemic, adding that" the closest health care, intensive care is three hours from where we live " .

Frazier says that the Sioux tribe of Cheyenne River operates only an eight-bed facility on the reserve and no intensive care unit (ICU) for the 12,000 people who live on the reserve.

Governor says: 'perfectly clear it's illegal'

Sunday letter from Noem government policy director Maggie Seidel refers to a memorandum regarding the closure of roads on tribal land issued by the United States Department of the Interior's Office of Indian Affairs, written on 8 April.

The memorandum states that the tribes << peuvent restreindre temporairement l'utilisation des routes ou fermer >> roads belonging to tribes without first consulting the Secretary of the Interior or private landowners in conditions involving << des situations de sécurité immédiate ou mettant la vie en danger >>, like the pandemic.

But he says tribes can only restrict access on roads owned by others, such as state governments "on behalf of the owner of the road concerned, after the tribe has consulted and reached an agreement on the parameters for road closures or temporary restrictions ".

Seidel said that no consultations had taken place and that no agreement had been reached, saying that "the memorandum clearly states that it is illegal to stop traffic on these roads".

In Friday's letter, Noem said, "We are stronger when we work together; this includes our battle against Covid-19".

"Saving lives rather than saving face"

Frazier said in a press release on Friday that while he agreed that it was important to work together, "you continue to interfere in our efforts to do what science and the facts dictate seriously compromise our ability to protect everyone on the reserve. "

"Ignorant statements and heated rhetoric encourage individuals already stressed by this situation to take irrational action," he said. "We invite you to join us in protecting the lives of our people and those who live on this reserve. I regretfully refuse your request."

The purpose of the tribe's actions, said Frazier, is "to save lives rather than save face".

CNN also contacted the Sioux tribe of Oglala for comments, but did not receive a response.

Checkpoint policies

According to the policies of checkpoints of the Sioux tribe of the Cheyenne River posted on social media, the residents of its reservation can travel to South Dakota in areas that the state has not considered a "hotspot" "Covid-19 if it is an essential activity such as medical appointments or to obtain supplies not available on the reservation. However, they must complete a health questionnaire upon departure and return each time they pass through a checkpoint.

Residents of South Dakota who do not live on the reservation are only allowed if they are not from a hotspot and it is for an essential activity. But they must also complete a health questionnaire.

Those from a South Dakota or out-of-state hotspot cannot come to the reservation unless it is for an essential activity - but they must obtain a travel permit available on the tribe.

The two tribes also issued strict residence orders and curfews for their communities. Noem has not issued a home stay order for the state.

On Sunday, there are 198 cases of Covid-19 among Native Americans in the state, according to figures from the state health department. The state has more than 3,500 confirmed cases and at least 34 deaths, according to Johns Hopkins University.

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