Citizens of the Oglala Sioux Tribe are seen at a checkpoint on the Pine Ridge Reservation in South Dakota on May 10, 2020. Photo courtesy Anna Halverson

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Republican governor takes coronavirus checkpoints to Trump

Thursday, May 21, 2020

By Kevin Abourezk

South Dakota Gov. Kristi Noem (R) pleaded her case to President Donald Trump Wednesday, calling on him to help resolve her dispute with Lakota tribes that have refused to take down checkpoints on highways leading onto their ancestral homelands.

On May 8, Noem issued an ultimatum to the leaders of the Cheyenne River Sioux Tribe and the Ogala Sioux Tribe: Take down your checkpoints or face legal action. She gave them 48 hours to do so, a deadline that has passed nearly two weeks later.

South Dakota Public Broadcasting: Governor's Press Conference to Discuss Coronavirus in South Dakota

“Despite weeks of attempts to start a conversation and to find a solution between me, (Tribal Relations Secretary Dave) Flute and many others to resolve this matter informally, finding a solution that would respect tribal sovereignty, also state sovereignty and federal law, the tribes have continued to maintain these checkpoints on U.S. and state highways,” she said at a news conference Wednesday.

Noem said she asked S.D. Attorney General Jason Ravnsborg (R) to launch an investigation into the checkpoints, and she said that investigation has produced affidavits and video recordings of the checkpoints.

She said she provided those materials to the White House, the U.S. Department of Justice, the U.S. Department of Interior and her state’s congressional delegation, asking for their help in resolving the situation. She said she offered a compromise to the tribes a week ago.

“I continue to work in good faith to help the tribes protect their people, as well as comply with law and be good partners with the state of South Dakota,” she said.

She said easements exist that allow the state to construct roads crossing tribal lands.

"Dear President Trump": A letter from Gov. Kristi Noem (R) of South Dakota

Leaders of the Cheyenne River Sioux Tribe and the Oglala Sioux Tribe have maintained that treaties and federal case law have secured their rights to control the borders of their homelands. They have said the checkpoints at the borders of their communities are vital to ensuring visitors to their reservations coming from regions hit hard by coronavirus aren’t allowed to infect their people.

However, tribal leaders have maintained that they are not stopping commercial traffic or local residents, despite Noem’s claims that commercial drivers and ranchers who live near the reservation are being turned away at the checkpoints.

"We gotta stay focused on keeping our people healthy," Cheyenne River Sioux Chairman Harold Frazier said on an live broadcast with Indianz.Com this month.

And in a May 10 letter to Noem, 17 South Dakota lawmakers disputed the governor’s assertion that tribes don’t have authority to establish checkpoints within their homelands.

"We appreciate your concern about preventing the spread of the #COVID19 virus on the Cheyenne River Sioux Reservation," Chairman Harold Frazier @CRSTChairman says after Governor Kristi Noem offers a "pathway forward" on #Coronavirus checkpoints. @govkristinoem #Sovereignty pic.twitter.com/nywYGN9CXq
— indianz.com (@indianz) May 13, 2020

The state legislators cited the 1851 and 1868 Ft. Laramie treaties and a 1990 8th Circuit Court of Appeals decision that held that the state of South Dakota has no jurisdiction over the highways running through tribal lands.

“We do not wish to be party of another lawsuit that will ultimately cost the people of South Dakota more money,” the legislators wrote. “We wish to work with all parties involved for a reasonable, legal, and appropriate solution that addresses the concerns of all sovereigns involved.”

Leaders for the two tribes could not be reached for comment Wednesday. But Chase Iron Eyes, a spokesperson for Oglala Sioux President Julian Bear Runner said Noem should helping the Lakota people, not 'harassing" them.

"Governor Noem’s decision to escalate the tension right now over checkpoints doesn’t make sense from a public health perspective," Iron Eyes said on Thursday. "We’re permitting people to pass through our reservations — we’re screening people, according to the best advice from medical experts, not preventing travel. 99.9 percent of drivers are allowed to pass through after answering a few questions."

"The United States now has 33 percent of global deaths from COVID-19, despite having just 5 percent of the world’s population. It should be clear to Governor Noem that Trump’s inadequate response to this pandemic is at the root of our nation’s sky-high death rate," Iron Eyes added.

"Sadly, instead of challenging him, she has parroted the president’s talking points and policies within her state: an extremely limited stay-at-home order, no suspension of evictions or utility shut offs, no closing of businesses," he said.

Indianz.Com Live with Kevin Abourezk: An Interview with Cheyenne River Sioux Tribe Chairman Harold Frazier

Noem said she sent a letter to Cheyenne River Sioux Chairman Harold Frazier on May 12 offering a compromise that included provisions for removing checkpoints on U.S. and state highways but allowing them on tribal and BIA roads. In her letter to Trump, she claimed that the tribal checkpoints are actually increasing the risk of spreading COVID-19 as they place tribal personnel in close proximity to drivers from around the country.

“This, however, is not simply a matter between a sovereign state and a sovereign tribal government,” she told the White House. “Rather, the federal government has an interest in interstate commerce, transportation of critical infrastructure goods, provision of services from critical infrastructure industries, and the uniform treatment of all travelers on a non-discriminatory basis.”

Elected officials in Seattle, Washington, are supporting the sovereign rights of the Cheyenne River Sioux Tribe and the Oglala Sioux Tribe to establish #Coronavirus checkpoints on their homelands. #COVID19 @CRSTChairman @OSTOfficial1 @D5Juarez https://t.co/sc4fQQ2xks
— indianz.com (@indianz) May 20, 2020

Iron Eyes, the spokesperson for the Oglala president, disputed Noem's characterizations, saying her actions are the ones putting South Dakota residents in danger.

"Governor Noem has put 72,000 Native Americans and all others in the state at risk," Iron Eyes said. "Our communities are particularly vulnerable to this pandemic, so we must take matters into our own hands to protect ourselves."

"The governor is missing an opportunity to set a positive example of executive leadership. The world desperately needs vision right now among elected officials," he said. "Why not help us instead of harassing us?"