Chamberlain School Board Investigated for Civil Rights Violation

Press release from James Cadwell:

United States Department of Educations Office of Civil Rights to investigate Chamberlain School Board for Civil Rights violation.

The Chamberlain School board is being investigated for possible civil right violation. The alleged violation came about as a result of the boards denial to allow James Cadwell and Lynn Hart to formally present a letter of support from the King Center of Atlanta, Georgia for the honor song. In a email/letter dated April 8, 2014 from the superintendent of Chamberlain Schools Deb Johnson, Cadwell was told he could no longer bring up the Honor song and that she, superintendent Johnson, was informed by the board to not allow Cadwell to be put on the April 15, 2014 agenda to discuss the honor song. Ironically, the board at the very meeting Cadwell had requested to participate in to introduce the letter of support from the King Center, they, the board, modified the rules surrounding public participation and input and approved an amendment to read that subjects brought up by the public can only be discussed once. In addition they also amended their policy about length of time and now restrict the amount of time they can be discussed. It should be noted that this is direct conflict with the track record of the board. With the recent attempt by the board to build a new 13.5 million dollar multi purpose building the public has addressed this issue meeting after meeting with no opposition from the board or restriction of the amount of time spent on the discussion. It would appear that the restriction to the Native American Honor song is an attempt by the board to eliminate public input on subjects they are not in favor of. The whole idea behind public input is to help the board understand and to sway the boards decisions with the public exercising its desires.

Previously the board rejected a petition that was signed by over 200 of the staff and students of the Chamberlain Schools who were in favor of the honor song. In one of the responses to the petition board member Jay Blum made reference to hear say information, saying that he talked to a friend of a friend who said he was told by a student that he the student felt pressured in to signing the petition.

Past comments from the school board read like a horror story, President Rebecca Riemers told the public in one of the school board meetings that the issue of the honor song is dead! We will not be discussing it again. Additional comment include member Casey Hutmaker telling the public during a board meeting that “Chamberlain school is an english speaking school, we speak english here we don’t need any other language” as he made reference to the honor song. Addition comments in the same meeting found Hutmaker saying “we say the Pledge of Allegiance here that’s all we need”. Board member Dallas Thompson made reference to Crow Creek Sioux Tribe with this statement “Those people have all kinds of problems up there they need to straighten out their own issues. These kids are doing just fine until those adults got involved!”

The request for the honor song has received national support from the King Center, NAACP(National Association for the Advancement of Colored People), Great Plains Tribal Chairmen’s Association, with additional support of South Dakotas largest newspaper both in and out of Indian country and the South Dakota Indian Education Association who moved their conference as a direct result of the honor song denial by the school board. Chamberlain Schools minority population has increased to nearly 40% in the past few years with Native American students making up over 38% of that population. In addition some of the Elementary classrooms Native American population exceeds 50%.

Most recently the Chamberlain school board accepted the resignation of the lone Minority member American Indian Marcel Felicia and replaced him with the past president Rebeca Riemers who did not run for re-election in the last election.

In a letter received by Mr. Cadwell dated September 3, 2014 the United States Department of Education office of Civil Rights opened an investigation into alleged discrimination on the basis race. The office of civil rights is responsible for enforcing Title VI of the Civil Rights Act of 1964(TitleVI),42 U.S.C 200d and it’s implementing regulation, 34 C.F.R. Part 100. Title VI prohibits recipients of Federal assistance from the Department from discriminating on the basis of race, color or national origin.

As a recipient of federal financial assistance from the department, the district is subject to Title VI.

See also:

Chamberlain, SX: A Border Town and Its “Indian Problem”

Insanity: Chamberlain, SX and the D/Lakota Honor Song Controversy

Why Chamberlain, SX is Indefensible

Chamberlain, SX: A Border Town and Its “Indian Problem”

Standing in a parking lot across the street from the 2014 Chamberlain High School commencement ceremony last Sunday, singers, supporters (Native and non-Native), students, and families crowded outside the National Guard Armory to honor graduating seniors with a simple song—a song that has caused its fair share of controversy. The song itself is beautiful, as most Lakota honor songs (olowan) are. But it has attracted some of the ugliest sentiment from its biggest, vitriolic detractors—the Chamberlain school board. Many have struggled long and hard for the honor song only to be denied by the school board.

For years the script went something like this: Native and non-Native students suggest an honor song be sung at commencement to reflect the school’s ever-growing Native student body. The school board listens politely, sometimes, and most recently, impolitely. They deny the request. Parents and community members challenge them. White detractors fumble their words and reveal their ignorance, if not overt racism, trying to maintain the last vestiges of a vanishing way of life. The school board digs in and cites every excuse not to have it a part of commencement. Then it is revealed that there are deep-seated, unresolved historic and ongoing issues between a decreasing white majority and an increasing Native minority. Then, the honor song is sung outside commencement, usually from the curb across the street from the Armory.

But it’s more than just an honor song. And Chamberlain, despite its best attempts, will never live this down. It will haunt this border town in the annals of history. It will, as they say, go down in history.

There is something symbolic in the fact that it is sung from the curb, beyond the boundaries of what is considered “appropriate” celebration of educational achievements. Border towns are often divided that way, both metaphorically and geographically.

The “border” in border town functions to exclude those deemed unworthy and to include and protect those who are deemed worthy. The “border” in border town is also everywhere at once. You meet that border in everyday life when you are targeted as not belonging, when your presence is suspect and undesired. It separates the haves and have nots. It deems what is worthy knowledge and what is not; what is appropriate cultural expression and what is not; who is suspect and who is not; what is “political” and what is apolitical (as if there is a difference); and, more importantly, it divides a community along race, class, and gender boundaries. Once you transgress, you will know.

The institutions in place (education, police, business, religious, etc.) will let you know. And these boundaries are so matter-of-fact, so common sense, they become naturalized.

But the honor song supporters have respected these boundaries, these borders, much to the chagrin of their detractors. They have showed up at school board meetings to protest; followed civil protocol; and even sang the honor song across the street from the commencement ceremony out of respect for the school board’s ban. National civil rights organizations and regional newspapers even sympathize with the supporters. The South Dakota Indian Education Summit joined to the public shaming when it moved its annual conference from Chamberlain/Oacoma to Pierre.

Yet everyone still respects the boundaries and the border town still maintains its borders. The school board has even gone as far as to silence further discussion on the honor song, disallowing further public commentary. Certain individuals are singled out as trouble-makers, patsies for the problems these institutions created and the community’s silence sustains.

But the honor song controversy reveals more. The honor song problem reveals more. Substitute the word honor song with “Indian,” since it is after all a Native cultural expression. The “Indian” controversy reveals more. The “Indian” problem reveals more. “How does it feel to be a problem?” W. E. B. Dubois famously asked in 1903 on the question of race.

Exactly, how does it feel?

Growing up in Chamberlain, I asked myself that question a lot. When you transgress these boundaries, these borders, you feel it. You disrupt and upset the boundaries. You upset people’s emotions and expectations. You feel out of place. You are out of place. You are reminded, if not shown, you are out of place. You are made to feel a stranger.

Are we strangers in our own town, in our homelands?

Native presence in a border town like Chamberlain upsets the status quo. You can feel it. It fosters anxiety, distrust, and conjecture. The “Indian” problem is something Natives, non-Natives, and whites all feel.

The reaction from the school board, however, also reveals certain feelings. The sanctimony of the time-honored tradition of graduating from high school must maintain these boundaries. Tradition is historic practice after all. Transgressors who want to test this are treated like trespassers on private property.

Private property draws its own boundaries meant to include and exclude. Those who own have the right to be protected. Those who don’t own have no right. The more you own, the more rights you have.

Couple this thinking with overtly white institutions and you arrive at what legal scholar Cheryl Harris describes as “whiteness as property.” Whiteness becomes a form of property that must be defended and valorized. It seeks inclusion as well exclusion. It demarcates social boundaries. Those who trespass must be punished as if they violated property rights. Border towns such as Chamberlain are the epitome of such thinking.

So, where do we go from here? Do we cross the proverbial street and bring our song to the very institution that seeks its banishment? What if we brought the institution to the proverbial curb to reflect on the state Native people find themselves in border towns? What then?

If the population shift continues, soon Native people will find themselves in the majority. And what will they inherit? The ruins of institutions that saw them as unworthy trespassers?

I think we can do better. We know an honor song will not change the way the institutions of Chamberlain behave and act. It will not make them more moral or just. It will not make them more inclusive. It will not hold people accountable. It is merely a song and incapable of these things.

Perhaps we need to begin thinking of divesting power away from these institutions, these individuals, that continually divest us from power.

We have to think beyond seeking recognition and pats on the shoulder from institutions that are unwilling to change. This is after all more that just an honor song. It is about our future generations. It is not about just belonging to a system that sees you as unworthy.

These questions deserve answers. They are not exceptional to our current “Indian” problem—which is an age-old question. They are as old as the very day settlers came to what is now Chamberlain to dispossesses Native people of their land and livelihood. Put that way, the struggle over border towns such as Chamberlain is a struggle for life.

Shall we continue to sing from the curb?

Or shall we refuse the conditions set before us and strike anew?

Insanity: Chamberlain, SX and the D/Lakota Honor Song Controversy

The last four years at Chamberlain High School has to my mind witnessed a significant limitation to the routes of possibility for Native students. That is, students and community members (Native and non-Native) have struggled long and hard for what many South X school districts have already conceded—the simple act of allowing a traditional D/Lakota honor song to be sung at a high school commencement ceremony. It may seem to most a simple request—a not too radical and non-offensive gesture that seemingly doesn’t discriminate against non-Native students.

But, if the Chamberlain School Board has virulently resisted having the song sung at a graduation ceremony, what does that say about D/Lakota honors songs? Are they offensive? Are they coded with non-English words that may be telling Natives to overthrow the government? Of course not. Four years of actively resisting an honor song to be sung at a high school graduation does say something about the town of Chamberlain, at the least the values of the community reflected in the Chamberlain School Board.

I’m tired of writing about this issue. I’m tired of reading about it in the news and on Facebook. I’m tired of it interrupting visits with relatives when I come home. I’m tired of the back and forth of who has the right to talk about this: are students to blame? Are adults to blame? Are school administrators to blame? Are community members to blame? These questions beat around the bush, since what we’re talking about is power—or as Chamberlain School Board President Rebecca Reimer reiterated (almost comically), “It’s about control and power. It’s about control and power.” Who has the power to silence a voice, a song, a people, a nation? Who gives them that authority, and why do we invest respect for that authority in those individuals? These may seem like rhetorical questions. But if we continue to play the blame game and not acknowledge the white elephant in the room (no pun intended), we will always arrive back where we started—doing the same thing over and over again expecting different results.

This is the definition of insanity.

If we look at the town of Chamberlain, we will see that many of the town’s residents are Republicans, staunch Republicans at that. But this is not a bipartisan issue. What this is about is land. Without a doubt, Republican controlled local and state governments hack and slash education budgets. So then why do people continue to elect them? Land. Pure and simple.

Electing conservative candidates to the school board is not about a quality education and equal access, it is about keeping property taxes low. If you don’t believe me, maybe the eerie silence from local Chamberlain community members who elected these school board members into office says something. Recent news reports and statements from community members stress that “not all of Chamberlain is racist.” But you don’t see droves of community members filing petitions against the school board. You don’t see droves up in arms against a blatant act of institutional racism.

Democracy worked. Property taxes are low. And the majority of the school board is still vehemently opposed to the honor song.

So why should we expect different results when the same people are elected into office for the same reasons that have nothing to do with education? The ball is in your court, Chamberlain. The rest of the nation and the world has weighed in. Even the SX Indian Education Summit recently decided to pull its conference from the Oacoma/Chamberlain area because of the school board’s decision. What next?

Why Chamberlain, SX is Indefensible

NOTE: Unless cited, I use “X” in place of “Dakota” in “South Dakota” or “SD” to show respect for the Dakota people and reclaim the name from anti-Indian state governments and institutions. Dakota means “ally” and WoDakota means “peace and harmony.” Neither of these two meanings reflect the beliefs and attitudes of state governments towards Dakota people.

Chamberlain Must Go!

“The racist town of Chamberlain should be erased from the map!” Elizabeth Cook-Lynn declared to a standing-room only crowd of Natives and non-Natives who erupted into applause, cheers, and high pitched LE-LE-LE-LEs this summer at the Ite Sni symposium held at School of Mines campus. The elder Native stateswoman spoke about her life growing up in Crow Creek during the 30s, 40s, and 50s and the profound anti-Indian sentiment she experienced in the towns of Chamberlain and Oacoma. She made reference to the fact that anti-Indianism in Chamberlain has a long history and tradition; and the school board’s continued battle to fight the singing of a D/Lakota honor song at a high school commencement ceremony is testament to this tradition. So we shouldn’t be surprised. We shouldn’t be mad, angry Indians, because we should just expect Chamberlain to behave the way Chamberlain does.

What was most surprising was that everyone had a common sense about Chamberlain being a racist town, even, ironically, non-Native members of the Rapid City community! But what is Chamberlain’s historic anti-Indian common sense and why is it so productive in protecting its whiteness? Before this question can be adequately answered, we should turn to the history of Chamberlain.

Anti-Indian History

When the infamous Lewis and Clark expedition began to navigate through “hostile” Sioux territory in late September 1804, they camped on sandbars and tried to avoid the Teton Sioux nation whom the explorers described as “vilest miscreants of the savage race.” Soon the “miscreants” discovered the explorers and a tense three day stand-off took place at what is now the Big Bend of the Lower Brule Sioux Reservation. Lewis and Clark did not want to pay passage for their trespassing and soon kidnapped the son of a chief to guarantee their safe travel. This transgression set the precedent of Lakota-U.S. relations in the area. The behavior of succeeding settlers in the area changed little.

After Lewis and Clark came trappers and traders that began to settle near the Whetstone Agency, which was south of present-day Oacoma. Fleeing for their lives from the murderous, total war campaign waged by Colonel Henry Sibley to round up and exterminate the refugees of the 1862 U.S.-Dakota War, Dakota relatives took shelter in the bluffs along the Missouri River at present-day Chamberlain. Thousands of Dakota men, women, and children were killed for scalp bounties for their participation in the 1862 uprising. Lakota relatives pitied the Dakota who fled the war and helped hide them among their camps. The place where they hid became known as Tipi Maka Oyanke, or Cave Dwellers Camp.

Chamberlain was formally founded as a railroad town in 1881 and served as the gateway for gold miners seeking fortunes in the opening of the Black Hills in 1877. Richard H. Pratt, head of the Carlisle Indian School in Pennsylvania, attempted to coax the Oyate (the Great Sioux Nation) into opening up the “Great Sioux Reservation” in 1888. This became known as the Pratt Commission. Anti-Indian sentiment in “Dakota Territory” fueled indignation towards the Oyate’s refusal to capitulate with the Pratt Commission, thus the measure failed. Leaders in Dakota Territory then pressured Congress to pass a bill of force sale to open up the the “Great Sioux Reservation.”

This bill became known as the “Sioux bill” of 1888 and resulted in the forced sale of over 9 million acres of land to be opened for homesteading. Some of the land was purchased at less than a dollar an acre. Some was “given away free” to white settlers. It remains as one the largest mass, illegal dispossessions of Native land in U.S. history.

In To Have This Land, historian Philip S. Hall recounts:

Citizens throughout the territory, particularly those in the Black Hills and along the Missouri River, were overjoyed. Many held formal celebrations with bonfires, speeches and parades. Chamberlain held a grand inaugural reservation ball. Partygoers there were entertained by young [white] men dressed and painted as Indians galloping their horses through the streets and staging war dances on the corners. The citizens held a mock sitting of the Pratt Commission as an expression of their contempt for the men who had failed to open the reservation.

In 1898, the Bureau of Indian Affairs founded Chamberlain Indian School on the land that is now St. Joseph’s Indian School and was once Crow Creek trust land all the way to American Creek. That same year, the Canton Asylum for Insane Indians was built in Canton, SX. Many D/Lakota children and adults from the Lower Brule and Crow Creek agencies were forced to attend these institutions, which functioned to domesticate, often violently and sometimes resulting in death, young children, “sexually deviant” adults, and medicine people. What this meant, in some cases, was the lobotomization of those deemed sexually or behaviorally immoral, or those that were winkte or “talked to spirits.”  Boarding school children were violently disciplined to adhere to the moral standards of white settler society. To say these institutions served as places for just assimilation is an act of violence. These were institutions of genocide intent on stripping Native people from any semblance of themselves.

In 1909, the Chamberlain Indian School closed its doors, but the boarding school model was re-established on the former BIA school’s lands by Roman Catholic Priest Henry Hogebach. Canton Asylum remained open until 1934, taking in hundreds of Native peoples from around the U.S.—nine of ten died at the asylum. The remaining trust lands north of American Creek eventually became incorporated into Chamberlain’s jurisdiction.

In 1944, Congress passed the Pick-Sloan Act, which channeled federal dollars towards damming the Missouri River. Nine sites were designated for dams, most of which were on Sioux Indian reservations. Facing the dual threats of federal termination policy and the inundation of agency buildings in the early 1950s, Crow Creek and Lower Brule were forced to negotiate with local communities about possible sites for relocating their vital infrastructure. South X congressmen E. Y. Berry and Francis Case advocated for relocating the agencies and reservation services to Chamberlain. In response to proposed move and possibility of integrating the white community with the two tribal agencies, the Brule County Commissioners issued the following in 1951:

[The Brule County Commissioners] hereby expresses its firm belief that if such [agency] offices are moved within Brule County that as a result of such move Brule County would necessarily be forced to provide the necessaries of life for a considerable number of reservation members moving into the county, and this would place an intolerable financial burden on Brule County, South Dakota.

In 1954, the Mayor of Chamberlain Hershel V. Melcher echoed the Commissioners plea with a more threatening tone:

Lately the Indian Offices at Fort Thompson, S.D. say they want to move into Chamberlain, S.D., [and it] seems they want to come whether we like it or not. Some of the boys in the Community Club seem to favor it but the people in town are most all against it. If they come in here, it will be necessary to declare open season on Indians and Government Agents, we do not feel that we are entitled to this kind of abuse from the government and we do not intend to take it peacefully… The people of Brule County do not feel we should be saddled with a relief load for Indians, that is the job of the Federal Government, and we do not intend to let an Indian light around here at all. We do not want to live with them, we don’t want them in our schools… [W]e advise you that if it come in [sic], we will then do everything we can to get rid of it and to make them wish they were not here. We do not intend to even be gentlemen about it, this is an unjust imposition on us any way you look at it.

The City Commissioners also passed the following resolution:

BE IT THEREFORE RESOLVED by the City Commission of the City of Chamberlain, Brule County, South Dakota, that we are opposed to the moving of the Indian Offices from Ft. Thompson, S.D., to the City of Chamberlain, S.D., for all the above reasons and for the further reasons that [it] creates an extra police problem as to drunks and petty larceny. That we therefore strongly oppose any such move to the City of Chamberlain.

Signed: Mayor Hershel V. Melcher, Commissioner C. L. McDonald, Commissioner Frank C. Knippling, Commissioner Willard Wristen, Commissioner Gerrit Brink, and Commissioner Edward C. Martin [then Democrat Candidate for Governor of South Dakota]

Unhappy by the lack of the response, Melcher went on the offensive again:

As I advised you [Congressmen] before, we have no intention of making an Indian comfortable around here, especially an official. We have a few dollar diplomats that have been making a lot of noise and trying to get everyone they possibly could to write you people in Washington that they wanted the Indians in here but the fact is that 90% of the people are strongly opposed to it and will get much more so if this thing come in [sic]. Anybody who rents them any property will have to change his address and I would not want the insurance on his building. We do not feel that this town should be ruined by a mess like this and we do not intend to take this lying down irregardless [sic] of what some official in Washington may think.

These deep-seated anti-Indian sentiments resulted in the relocation of the agencies to Oacoma and eventually back to their respective tribes. But the incident and the culminating history was not forgotten nor lost on the D/Lakota.

Following a string of sex abuses scandals at St. Joseph’s Indian School that have come to light in recent years, a class action law suit was building against the owners of the boarding school, the Congregation of Priests of the Sacred Heart. Former Native students of the school came forward and testified about the physical and sexual abuse they endured from priests and staff. In 2011, Steven Smith of Chamberlain, and lawyer for Sacred Heart, wrote and submitted a “constituent bill” to the SX state legislature. The bill (HB 1104) “flew through the legislature” and set the statute of limitations for sexual abuse victims to file civil suits against institutions after the age of forty. Under this law plaintiffs over age 40 may file for damages only from individual perpetrators of childhood sexual abuse. They may not, however, collect damages from institutions such as the Sacred Heart or the religious organizations that hired and supervised the alleged perpetrators. Smith told the Argus Leader in 2010 “nobody knew I was doing this.”

Many have commented on the state’s complicity to cover-up the sexual abuse of Native children at religious boarding schools. Attorney for the Native plaintiffs told the Huffington Post in 2011 that “The South Dakota legislators are on record as passing this bill to get rid of hard-to-defend Native cases.”

This historical survey is one small slice of a larger history of anti-Indian sentiment and behavior. To go into further detail would require a full-length book.

J’Accuse!

How is it that a town of about 2100 people can have so many “bad apples”? We cannot chalk up the history of the anti-Indianism in Chamberlain to a select few individuals, but it is a history that is endemic to the mentality and common sense of its institutions and white population. The recent controversies of whether or not a D/Lakota honor song appropriately reflects Chamberlain’s “tradition” represents just one instance in a long line of instances in which the vitriolic Indian hating comes to a head.

Board members Rebecca Reimer (President), Jay Blum, Casey Hutmacher, Leann Larson, Dallas Thompson, and Ted Petrak will join the ranks of Chamberlain’s 132 year history of Indian haters for voting against the honor song in May 2013. But these individuals represent an institution, which is supposed to represent the values of the populations it serves. That institution represents the standards of the town and its people.

The Chamberlain school district has caused injury, but it is not an exceptional nor isolated sentiment. It follows the tradition of Chamberlain’s Indian hating. Whenever I tell people where I was born and raised, if they’ve heard of it, their face contorts. “Really? Chamberlain?” they ask. It is personal recognition and repugnance that this small town harbors so much infamy for being racist. But racist is too polite a term.

I have written academic and informal pieces about Chamberlain in the past. As a result, I have also received threats of bodily harm from former white classmates and friends. I ask them, what are you defending? Are you defending and condoning this behavior? Or are you defending your whiteness? The last question usually ends the conversation. What I am talking about concerns whiteness and a very old school kind of racism. But it’s more than that. It is a deep-seated common sense that somehow recognizing or conceding anything to Native people will destroy the core values of Chamberlain. It is a community founded on violent colonial dispossession. Talking about that will put a target on your back and, in my case, cause threats of violence. But I refuse to be silent.

But can you refute history? Can you change it? Chamberlain and its people have yet (beside a small minority) to show themselves worthy of being neighbors and cohabiters along the Missouri. Saying that history is in the past only reproduces violence and anti-Indianism in the present. It removes it from the reality many Native people face today because of that history. It makes our stories less worthy, and thus makes us less worthy.

It is not the job of Native people to bear the unfair burden of living with this history. It is incumbent upon white settlers to learn and help undo inequalities of the present. The world is watching Chamberlain. The Oceti Sakowin is watching and waiting as well. We will continue to move forward, even if Chamberlain chooses not to.

As the school board tables the honor song for the spring 2014 graduation, let us not forget the injuries that have been done. For a just resolution to the problem Chamberlain presents, it may require a radical departure from the past. It may require white settlers and the institutions that defend whiteness to recognize themselves as perpetrators of historical and ongoing human rights violations against Native peoples. It may require understanding that white settlers are occupying and benefiting from stolen land. It may, as Waziyatawin notes, require solutions “just short of breaking camp.”

Hecutu Welo!