Cherokee Nation 'extremely disappointed' with decision on state arts law

Monday, April 8, 2019

The Cherokee Nation is "extremely disappointed" with a federal judge's decision to strike down Oklahoma's American Indian Arts and Crafts Sales Act, The Tahlequah Daily Press reports.

The tribe supported HB2261 because it required "Indian" art to be produced by citizens of federally recognized tribes. But Judge Charles B. Goodwin on March 28 ruled that such a requirement conflicts with the federal Indian Arts and Crafts Act, which also includes citizens of state recognized tribes.

"The Cherokee Nation is extremely disappointed in the federal ruling in the Western District of Oklahoma," Chuck Hoskin, the tribe's chief of staff, told the paper. "Our state is home to 38 federally recognized tribes and thousands of tribal citizens immersed in our rich culture and tradition"

Hoskin is a former state lawmaker. He was the primary sponsor of HB2261, which became law in 2016.

Peggy Fontenot, a citizen of the Patawomeck Indian Tribe, challenged the law in federal court. She has exhibited her photography, jewelry and other works at the popular Red Earth Native American Cultural Festival in Oklahoma and could have been fined, or even put in jail, under the Oklahoma statute.

"This is a great victory for Peggy, and a stern rebuke to state legislatures that would abuse their lawmaking authority to favor politically connected groups," the Pacific Legal Foundation said in a March 29 blog post. The group has disputed the legality of the Indian Child Welfare Act and has challenged tribal protections for sacred sites.

Turtle Talk has posted documents from the case, Fontenot v. Hunter. The state has not decided whether it will appeal, The Daily Press reported.