WINNEMUCCA — Seeking official recognition that will allow them to conduct business, the Winnemucca Indian Colony has filed suit against the US government with specific reference to the Bureau of Indian Affairs.

The suit was filed Wednesday (Aug. 29) in US District Court, District of Nevada by counsel for the colony, Hager & Hearne, on behalf of the Winnemucca Indian Colony, Thomas R. Wasson, chairman.

The suit reads, “This action is initiated to stop the United States through the Department of the Interior, Bureau of Indian Affairs, from interfering with the activities of the Winnemucca Indian colony on its own lands.”

The suit also seeks to obtain a declaratory judgment that would require the government, through the BIA, to recognize the WIC governing board. Further, that Thomas R. Wasson is the chairman and the council consists of Judy Rojo, Katherine Halsbruck, Misty Morning Dawn Rojo, and Eric Mageira.

The recognition is essential if the board is to conduct business on behalf of the WIC.

HISTORY: Problems between the WIC and the BIA go back more than a decade to the murder of then chairman Glenn Wasson in February 2000.  Following the murder, both Thomas Wasson and William Bills, then vice-chairman of the colony, claimed the chairmanship.

William Bills was adopted by an Indian family and not otherwise an Indian.  He was, therefore, not eligible for membership in the colony or a position on the governing board..

Due to the dispute over the chairmanship, in July 2000 the Western Nevada Agency of the BIA declared the tribe’s government dysfunctional and has not recognized the board of the WIC since that time.

In 2002 a panel of judges appointed to hear the appeal issued an opinion recognizing Thomas Wasson as the Chairman of the WIC. However, the board still lacked recognition by the BIA.

The matter ended up in federal court where, in 2008, the US District Court, District of Nevada issued an opinion that granted comity (an association of governments for their mutual benefit) and adopted the 2002 decision of the panel of judges.  The decision was upheld by the 9^th Circuit Court of Appeals in 2010. The US Supreme Court declined to hear an appeal by the US government.

CURRENT EVENTS: With the decision of the  federal courts in hand, but still lacking official recognition from the BIA, in May 2011 members of the WIC began the process of rehabilitating the smoke shop, located on the corner of Highland Rd. and Hanson St., which had been abandoned since the murder of Glenn Wasson in 2000.

In July of 2011, contactors working on the smoke shop allege they were approached by BIA law enforcement, who informed them they were directed by their superiors that no one had authority to be on the site.

The contractors further alleged it was broadly hinted if they did not leave the scene they would be arrested.

According to the suit, an urgent letter was sent to the superintendent of the Western Nevada Agency of the BIA asking that the members of the WIC be allowed to return to their lands, but they received no response.

LAWSUIT:  The suit filed in federal court on Wednesday outlines the economic importance of the smoke shop to the WIC.

The suit requests a temporary restraining order and a preliminary injunction to prevent BIA law enforcement from interfering in the rehabilitation of the smoke shop. Further, that BIA officers be prevented from entering the colony for “the purpose of harassing, prohibiting or causing any interference with the WIC … “

The WIC also seeks a declaratory judgment that recognizes the board of the WIC.

The suit notes, “The Plaintiffs need to be a recognized government by the Bureau of Indian Affairs and the United States of America in order to conduct business, enter into reciprocity agreements for law enforcement to protect the security and safety of their residents and members, to apply for grant funds and other important activities to protect their members and provide for their economic well being and the safety of their persons.”

The suit continued, “Without a government recognized by the United States, this small Colony is victim to occupation as it is now by persons not members, not Indians and not law abiding.  Without a government recognized by the United States, this small Colony is without protection, subject to police harassment by the BIA and interference in their daily business.”

The murder of Glenn Wasson in 2000 remains unsolved.