July 14, 2009

Lane Powell Wins Case for Frank’s Landing Indian Community

A federal court in Tacoma recently dismissed a lawsuit the Nisqually Tribe of Indian filed against Washington State Governor Christine Gregoire and our clients, the Frank’s Landing Indian Community.  Thanks to the efforts of Lane Powell attorneys Alexandra Smith, Steve Ungar, Ben Souede and Washington, D.C., co-counsel, the court found no merit to any of the claims challenging the Governor’s signing of an amendment to a cigarette tax compact the State entered into with the Squaxin Island Tribe. The amendment specifically authorized the Squaxin Tribe to operate a smoke shop on land at Frank’s Landing Indian Community, and proceeds from the smoke shop go to fund the Wa He Lut Indian School, which is also located at Frank’s Landing.

The Nisqually Tribe had claimed that Squaxin’s operation of the smoke shop violated federal and state law, and violated the Nisqually Tribe’s cigarette compact with the State. In making its arguments to the federal court, the Nisqually Tribe had also attacked Frank’s Landing’s very right to exist, despite the fact that Congress had specifically recognized Frank’s Landing as a self-governing Indian community. United States District Court Judge Ronald Leighton rejected Nisqually’s attacks, however, and reaffirmed Frank’s Landing’s independent status as a self-governing Indian community with certain sovereign powers and authorities. The ruling also allows the smoke shop to remain open, and its proceeds to continue to fund the essential work of the Wa He Lut Indian School, which educates Indian children from numerous Tribes in Washington. The Tacoma News Tribune and The Olympian both published July 10 articles about the case.