Wisconsin Open Season — Always a Good Time to Shoot at the Lac du Flambeau

Madison, Wisconsin — "We know Flambo [Lac du Flambeau Ojibwe] men who are shot at every year gathering food for their families," writes Nick Vander Puy, citizen of Earth in far-northern Wisconsin.

That's up north from the standpoint of Madison — Ashland, Iron and Vilas counties, for example, (see map at right).

Vander Puy is writing about conduct in the region inhabited by descendants of the Lac du Flambeau Ojibwe [LDF] tribe and residents on the Lac du Flambeau Ojibwe reservation in Vilas and Iron counties.

The Ojibwe's right to fish and gather food is protected by federal treaty, and the sight of brown-skinned people fishing, for example, has long provoked rage from local racists. The sight of an Ojibwe breathing isn't such a gratifying scene either.

Can you, the reader, imagine a dark-skinned Native boating or walking around like he's a human being? No wonder whites want to kill them.

James Alan Kelsey didn't like the sight of a Lac du Flambeau Ojibwe tribal member fishing last May, so naturally Kelsey fired his shot-gun at Greg Johnson (Biskakone).

After initially filing hate crime and other charges, the corrupt Vilas County District Attorney Martha Milanowski and Kelsey agreed to a plea deal that includes a minor fine and other community service action performed by Kelsey, (Wisconsin Circuit Court Access).

Reports Frank Vaisvilas in the Green Bay Press-Gazette (USA Today Network) in an important piece of reporting:

Vilas County District Attorney Martha Milanowski said hate crime and use of a dangerous weapon charge modifiers were dropped because Kelsey pleaded no contest to possessing a firearm while intoxicated and interfering with Ojibwe fishing rights, which is a Wisconsin Department of Natural Resources ordinance violation.

Kelsey's sentence also bans him from entering Lac du Flambeau tribal lands.

Kelsey can have the charge of possessing a firearm while intoxicated removed from his record if he accomplishes certain criteria over the next year, which include 80 hours of community service, no drinking or possession of alcohol and no possession of firearms.

He also must write a letter of apology to the victims, which must include an acknowledgement of the right of Indigenous people to exercise their treaty rights. The letter must be published in local newspapers.

Vilas County Sheriff Joseph Fath previously said Kelsey had not meant to frighten tribal harvesters and Kelsey claimed he was shooting at a squirrel.

A squirrel. 

The Ojibwe face a corrupt and racist Sheriff Joseph Fath, a corrupt District Attorney Martha Milanowski, and a good chuck of white racists. 

Kelsey's plea to Interfering with Hunting/Fishing/Trapping (29.083(2)(a)) should rightfully be attempted murder.

A reader can imagine what would happen if a black man fired a shotgun at a white person whom he didn't like, in Kenosha, for example.

But in Wisconsin, and not just Wisconsin, there is one set of laws for whites, and one set of laws for black and brown.

We don't hear about these outrages from up north in Madison except for a few good reporters like Frank Vaisvilas and amazing human beings on Facebook, which is a good argument for the social utility and the multiplicity of voices on social media.

Protesters outside the Vilas County Courthouse called for stiffer criminal charges
against a racist for firing his weapon at tribal spearfishers exercised their treaty
rights to fish near his home. Photo by Zachary Allen.

Wisconsin Gets Win Against Proposed Gtac Mine

Wisconsin needed a win, and Friday we got a big one.

The proposed massive open-pit Gogebic Taconite (Gtac) Iron ore mine that would destroy pristine habitats and waters and fill in wetlands looks dead in the wake of a statement issued Friday by Gtac President Bill Williams announcing the firm will close its Hurley office in Iron County effective Sunday. (Rick Olivo, Ashland Daily Press)

Amid Scott Walker's assaults against the Wisconsin environment and University of Wisconsin System, the news spread quickly across social media.

The closing of the mine was predicted two years ago by an attorney in Iron County, Tony Stella.

The proposed mine attracted national attention with New York Times writer, Dan Kaufman, calling the fight against the mine, The Fight for Wisconsin's Soul.

Professor Charles Wilkerson, Distinguished Moses Lasky Professor of Law at the University of Colorado Law School, also said Native American Treaty Law would doom the mine. (Mal Contends)

At the site of the citizens group, Citizens Concerned about the proposed Penokee Mine (Facebook), people expressed joy and determination to fight again should Gtac decide to move on another front in this massive con game.

Writes Wisconsin environmentalist, Jim Rowen:

GTac says it is shelving its plan to blow up, dig up and mill the Penokee Hills in the Bad River watershed for low-grade iron ore already in surplus supply - - because, it says it found too much water in the wetlands in the watershed at the edge of Lake Superior.

Sure, it took the mining company four years to make this discovery.

The uproar the plan caused in state politics helped force the moderate GOP mining opponent Dale Schultz from the State Senate and it seems as if the company wasted $700,000 in thank you money in routed to a Scott Walker advocacy group for his getting a sweetheart enabling bill that is still on the books through the Legislature.

A mining protestor, Katie Krow Kloth, is still facing a criminal charge from a corrupt Iron County District Attorney, Martin Lipske, who fronts for the Gtac mine and the Iron County sex industry, including sex trafficking of minors.

Maybe the U.S. Attorney for the Eastern District of Wisconsin or the FBI will look into this one day. I would not hold my breath.

In the mean time, those on the front lines in Iron and Ashland counties should be feeling good about themselves this weekend.

Said Wisconsin environmentalist, Barbara With: "I am glad that people are being realistic about GTac closing their offices, having intelligent discussions, etc etc but for this moment, can we please just be happy they are leaving? No it doesn't mean the stand is over, no, it doesn't mean they aren't coming back. But for now, thousands and thousands of people stood long and strong to protect our water, and GTAC is closing their offices and leaving. For now. So for now, we celebrate. It doesn't mean we are naive or stupid or don't understand the bigger picture. But for god's sake if we cannot savor a moment we have long dreamt of, what's the point? This effort has been exhausting. I don't know about anyone else, but I personally gave up my life for several years to take this action. So for now, please, just let me be happy. that is all."

Indian Treaty Law Expert: Adverse Effect on Treaty-protected Species Dooms Mine

Getches, Wilkinson, Williams and Fletcher's
Cases and Materials on Federal Indian Law

Charles F. Wilkinson, arguably the leading legal expert on native American treaties who literally wrote the book on Federal Indian Case Law, and wrote and edited numerous other treatises on federal Native American law, offered his comments on the Lac Courte Oreilles' efforts to halt the proposed Gogebic Taconite mine in an e-mail received moments ago.

Professor Wilkerson is the Distinguished Professor, Moses Lasky Professor of Law at the University of Colorado Law School, and most recently primary author of the Cases and Materials on Federal Indian Law, (6th ed. 2011) (with David H. Getches, Robert A. Williams, Jr. and Matthew L. M. Fletcher)

Wilkerson's brief e-mail appears to indicate that because Republicans have admitted they expect environmental damage in the very text of bill, the mine likely will have to be revised or abandoned when challenged in light of Native American treaties.

[See Charles Pierce's Wisconsin INC: "The bill reflects the reality of mining. There are going to be some impacts to the environment above the iron ore body," said (Sen. Tom) Tiffany, R-Hazelhurst.]
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Reads Prof. Wilkinson's e-mail:

This iron mine complex cannot go ahead without a full analysis of the treaty rights of the Lac Courte Oreilles (LCO) band. More than a century and a half ago, the LCO negotiated treaties that guaranteed tribal members the right to hunt and fish on their former lands. The transfer of those lands by the tribes has been of great benefit to the non-Indians of northern Wisconsin but the courts have squarely recognized that, in return, those promises must be honored. Earlier this year a federal judge in Washington State ruled, under similar circumstances, that the treaties require more than just allowing tribal members to hunt and fish—the treaties also require healthy habitat so that the species can thrive.

And, so, the question is: 'Will this mining complex adversely affect the habitat of treaty-protected species?' If so, the proposed mining project will have to be revised or abandoned.

Charles Wilkinson
Moses Lasky Professor of Law
University of Colorado Law School
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