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DEI discrimination fight taken to Costco shareholders

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A Costco shareholder proposal brought by conservative investment activists asked the company to probe its diversity, equity and inclusion policies, and report back on whether they should be eliminated.

The company’s board has recommended against the change for the company that is one of the biggest retailers in Alaska, with five membership-only warehouse outlets. There are more than 600 of the warehouse-style stores nationwide, and another 300 overseas; Juneau’s Costco is the company’s smallest warehouse.

The activist shareholder group is working with the National Center for Pubic Policy, which says certain DEI initiatives may expose Costco to discrimination lawsuits from “white, Asian, male or straight” workers or contractors.

Already, companies such as Walmart, Tractor Supply, and others have changed their DEI policies due to public and shareholder pressure, but Costco is based near Seattle, which is Ground Zero for DEI politics.

The shareholder statement says: “Last year, the US Supreme Court ruled in SFFA v. Harvard that discriminating on the basis of race in college admissions violates the equal protection clause of the 14th Amendment. Prior legal advice regarding the legality of corporate Diversity, Equity and Inclusion (DEI) programs has been called into question post-SFFA. As such, Attorneys General of 13 States warned Fortune 100 companies that SFFA implicated corporate DEI programs. Since SFFA, a number of DEI-related lawsuits have been filed. A corporation was successfully sued for a single case of discrimination against a white employee resulting in an award of more than $25 million, and the risk of being sued for such discrimination appears to be rising. Additionally, many major companies have begun to roll back prior DEI commitments and lay off employees from DEI departments.

The statement reminds shareholders that Alphabet and Meta cut DEI staff and DEI-related investments, Microsoft laid off an entire DEI team, as did Zoom, and John Deere publicly stated that it has halted many policies that were previously part of its DEI efforts after Tractor Supply explicitly stated that it has eliminated DEI roles and retired current DEI goals.

“It’s clear that DEI holds litigation, reputational and financial risks to the Company, and therefore financial risks to shareholders,” the shareholder statement says. “And yet Costco still has such a program, though it was apprehensive enough to recognize this as it recently and quietly rebranded its DEI program to ‘People and Communities.'”

Sticking a new label on discriminatory practices doesn’t protect Costco and its shareholders from the risks. The renamed program still openly expresses a “commitment to equity,” employs a “chief diversity officer,” has a supplier diversity program that picks suppliers based on their race and sex. Costco factors in race and sex in hiring and promotion, and contributes shareholder money to organizations that advance the discriminatory agenda of DEI.

“All of these practices are staples of corporate DEI programs and are consistent with Costco’s DEI program prior to its rebranding. With 310,000 employees, Costco likely has at least 200,000 employees who are potentially victims of this type of illegal discrimination because they are white, Asian, male or straight. Accordingly, even if only a fraction of those employees were to file suit, and only some of those prove successful, the cost to Costco could be tens of billions of dollars,” the shareholders say.

The Costco board of directors unanimously voted to recommend a shareholder vote against the proposal. Such a vote will take place at a later date among qualified shareholders, typically investment funds.

“For our employees, these efforts are built around inclusion – having all of our employees feel valued and respected. Our efforts at diversity, equity and inclusion remind and reinforce with everyone at our Company the importance of creating opportunities for all. We believe that these efforts enhance our capacity to attract and retain employees who will help our business succeed. This capacity is critical because we owe our success to our now over 300,000 employees around the globe. We welcome members from all walks of life and backgrounds. As our membership diversifies, we believe that serving it with a diverse group of employees enhances satisfaction. Among other things, a diverse group of employees helps bring originality and creativity to our merchandise offerings, promoting the ‘treasure hunt’ that our customers value. That group also helps to provide insights into the tastes and preferences of our members. And we believe (and member feedback shows) that many of our members like to see themselves reflected in the people in our warehouses with whom they interact. Having diversity in our supplier base, including appropriate attention to small businesses, is beneficial for many of the same reasons diversity benefits our Company. We believe that it fosters creativity and innovation in the merchandise and services that we offer our members,” the board statement says.

Censorship industry may face its demise as Trump targets government encroachment on free speech

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By KATELYNN RICHARDSON | DAILY CALLER NEWS FOUNDATION

The Trump Administration has a major opportunity to deal a blow to the sprawling censorship industry, both inside the government and in the private sector.

Trump promised in a campaign video from Dec. 2022 to “shatter the left-wing censorship regime” by, among other proposals, signing an executive order banning agencies from collaborating with private platforms to suppress speech and ordering the Department of Justice to investigate parties involved in censorship.

“If Trump takes the steps that he has indicated he will, one focus of anti-censorship efforts I anticipate is nonprofits like the Atlantic Council and Stanford Internet Observatory that operate as middlemen between the government and the tech companies,” New Civil Liberties Alliance attorney Jenin Younes said. “As President, Trump should ensure that the White House and his executive agencies do not work with these groups to censor ‘mis’ or ‘disinformation.’ In fact, all government efforts in the MDM [misinformation, disinformation, and malinformation] sphere should end, since this clearly results in suppressing First Amendment protected speech.”

Under the Biden administration, White House staff made explicit requests for platforms to restrict Covid-19 related speech. Other agencies participated in speech suppression, with the Centers for Disease Control and Prevention flagging posts for removal and the Cybersecurity and Infrastructure Security Agency forwarding misinformation reports from local election officials to platforms, a practice they called “switchboarding.”

CISA likewise helped create of the Election Integrity Partnership in 2020, which the Stanford Internet Observatory played a key role in running, to monitor “misinformation” and report it to platforms during the 2020 election. A federal judge declined last week to dismiss a lawsuit against the Stanford Internet Observatory, along with several other groups, over their alleged targeting of conservative speech.

“Private entities cannot be permitted to partner with the government to censor Americans’ speech,” Nicholas R. Barry, America First Legal Senior Counsel, said in a statement.

Younes told the Daily Caller News Foundation she would like to see “punishment for government actors who have violated Americans’ First Amendment rights.”

“At this time, such individuals manage to escape accountability for their actions because of doctrines like qualified immunity,” she said. “However, there can be exceptions to qualified immunity when government officials knowingly flout people’s civil rights, and those exceptions should be applied in the First Amendment context.”

Trump’s other suggestions included firing bureaucrats who have engaged in censorship, ensuring federal dollars do not go towards nonprofits and universities labeling domestic speech as misinformation and asking Congress to revise Section 230 to “get big online platforms out of censorship.”

The Biden administration has issued $267 million in grant funding for projects including the term “misinformation,” including $127 million specifically relating to Covid-19, according to a November Open The Books report. The Daily Caller News Foundation reported in 2023 on several projects funded by the NSF to develop censorship tools, including a dashboard to forecast misinformation “trends” and another studying how misinformation influences online networks.

Smash This Censorship Cartel’

Many Trump nominees have been vocal about their commitment to promoting free speech.

Andrew Ferguson, who Trump selected as the new Federal Trade Commission chair, said on War Room in late November that Trump can cut off some censorship outright, ordering officials to stop communicating with platforms and ending government funding for entities participating in speech suppression. But private censorship would likely move to “new fronts,” he noted, making it important for the FTC to take “investigative steps.”

Ferguson said “advertiser cartels” could violate antitrust laws by agreeing to boycott certain shows, podcasts and platforms.

“If the government is going to get out of the business here in the states of cooperating and colluding with the platforms to suppress the speech that they don’t like, then it’s up to the FTC to make sure that that sort of cooperation and collusion doesn’t move into the private sector,” Ferguson said.

Trump’s pick to lead the Federal Communications Commission Brennan Carr likewise said in a NewsNation interview that one of his top priorities would be to “smash this censorship cartel.”

Other appointees took strong stances on censorship. Jay Bhattacharya, Trump’s choice for National Institute for Health (NIH) head, co-authored the Great Barrington Declaration pushing back on COVID-19 lockdowns and responses. United States Department of Health and Human Services Secretary nominee Robert F. Kennedy Jr. brought his own lawsuit against the Biden administration for alleged First Amendment violations.

Harmeet Dhillon, who is set to run the DOJ’s civil rights division, worked with her firm on a case challenging the California Secretary of State’s Office coordination with Twitter to suppress speech.

Continued Litigation

While the Supreme Court found in June that plaintiffs who challenged the Biden administration’s censorship efforts failed to link their accounts’ restrictions to the government’s communications with platforms, the Missouri v. Biden lawsuit is ongoing. In November, the district court allowed the plaintiffs to pursue more discovery to establish the government’s involvement.

“Depending on the approach the administration takes, it is conceivable that cases like ours could resolve in a consent decree, in which the government acknowledges its wrongdoing and takes various specific steps to safeguard against future violations of Americans’ First Amendment free speech rights,” Younes told the Daily Caller News Foundation regarding the case.

The Alliance Defending Freedom recently launched a new Center for Free Speech aimed at targeting censorship entities, pointing to the “new opportunity” free speech defenders will have as Trump takes office.

ADF Senior Counsel Phil Sechler said the center is intended to create “substantial pushback on global censorship,” which he said has increased over the past decade by both private and government actors.

Potential targets include state level election laws, like the California laws targeting political satire that ADF already filed a lawsuit against on behalf of the Babylon Bee, along with debanking practices and other censorship by private actors.

“There is a lot of work to be done to dismantle this censorship industrial complex that’s been built up over many years,” Sechler said.

Texas governor orders state to safeguard infrastructure from Chinese threats, espionage

By BETH BLANKLEY | THE CENTER SQUARE

Ahead of the state legislature convening in January, Gov. Greg Abbott issued four executive orders to safeguard Texas from espionage threats posed by the People’s Republic of China (PRC) and the Chinese Communist Party (CCP).

The first order directed the Texas Department of Public Safety to target and arrest anyone implementing CCP influence operations like “Operation Fox Hunt,” an initiative of the PRC to forcibly return people to China that it’s identified as so-called dissidents living in the U.S., The Center Square reported.

The second directed the Texas Division of Emergency Management and Public Utility Commission of Texas to prepare for potential threats against Texas’ critical infrastructure from a hostile foreign government or its proxies, including the CCP and PRC.

The third directed state agencies to divest from investments originating from China.

The fourth directed all state agencies and higher education public institutions to harden their systems and safeguard “critical infrastructure, intellectual property, and personal information from being accessed by hostile foreign nations that attempt to infiltrate Texas,” including the PRC and CCP.

“Our No. 1 priority is to protect Texans, including from espionage threats from the Chinese Communist Party and its proxies,” Abbott said. “The Federal Bureau of Investigation reported that the Chinese government has actively targeted local and state officials as part of their strategy to undermine the national security of the United States. Hardening our state government is critical to protect Texans from hostile foreign actors who may attempt to undermine the safety and security of Texas and the nation. With this Executive Order, Texas will safeguard our critical infrastructure and information from threats posed by the Chinese Communist Party.”

Foreign adversaries identified in the order include the PRC, North Korea, Iran, Cuba, Russia and Venezuela, whose leaders have “engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons.”

The order requires all state agencies and public higher education institutions to implement seven measures including to:

  • Require any company that submits a bid or proposal to certify that none of its holding companies or subsidiaries are owned by a foreign adversary government;
  • implement stronger background check procedures on state employees and contractors who have access to critical infrastructure;
  • prohibit state employees from accepting gifts from or work-related travel to foreign adversary countries;
  • prohibit state agencies from contracting with companies owned or controlled by a foreign adversary government;
  • prohibit public higher education faculty and employees from participating in any foreign recruitment program by a foreign adversary nation.

The order also requires public higher education institutions to submit reports on foreign gift disclosures to the legislature every year. They are also required to prohibit faculty and employees from participating in any foreign recruitment programs sponsored by foreign adversaries, including the PRC’s Thousand Talents Program.

Abbott also instructed all state agencies and public higher education institutions to certify their compliance within 60 days of the end of the regular legislative session next year.

His order cites congressional and counterintelligence reports outlining threats posed by the PRC, CCP, and other foreign adversaries, including Chinese spies allegedly infiltrating the New York governor’s office.

The orders follow other actions Abbott and the legislature have taken.

In 2021, Abbott signed into law the “Lone Star Infrastructure Protection Act,” which the Texas legislature unanimously passed to ban Texas governmental entities and businesses from entering into contracts with companies owned or controlled by hostile foreign nations to gain access to Texas’ critical infrastructure. They did so after learning that a Chinese billionaire and former Chinese People’s Liberation Army general bought over 130,000 acres of land just miles from Laughlin Air Force base in Val Verde County, the largest air force pilot training base in the U.S., The Center Square reported.

In the last legislative session in 2023, Abbott said he would sign a bill banning foreign nationals from countries, including the PRC, that pose national security threats to the U.S. from purchasing land in Texas. The bill passed the Texas Senate with bipartisan support but was blocked from advancing in the House by a committee chair, Rep. Todd Hunter, R-Corpus Christi, after the CCP spearheaded a campaign against it, The Center Square reported.

The actions were taken after the U.S. House this year passed several bills to combat Chinese national security threats. They did so after the greatest number of Chinese nationals – more than 176,000 – were reported illegally entering the U.S. under the Biden administration, The Center Square reported.

Foodies and foragers: New Year’s bacon-wrapped wild-caught appetizers

By BRENDA JOSEPHSON

New Year’s celebrations include a variety of traditional meals, each having its own meaning and cultural significance. Whether you’re serving moose stew or black-eyed peas, everyone will enjoy starting the festivities with delicious appetizers made from your cache of wild-caught seafood.

Bacon-Wrapped Wild-Caught Appetizers are a delicious way to start a party, with bite-sized salmon, halibut, crab, or other seafood covered with cream cheese and wrapped in bacon. This simple recipe allows you to make the appetizers ahead of time, refrigerate them until ready to serve, and then bake them as a final step for a warm and tasty treat.

This preparation works well with a variety of fish and seafood, providing plenty of options for creatively using your subsistence catch. The thinly sliced bacon acts as a wrap, transporting the centerpiece of the dish from the serving tray to the palate. The cream cheese topping perfectly brings this surf and turf combination together.  

As we ring in the new year, let’s keep our food simple to allow us more time to reflect on the past year and toast the possibilities that lie ahead.

Bacon-Wrapped Wild-Caught Appetizers

Ingredients:

12 to 14 ounces of seafood (salmon, halibut, crab, or other seafood)

12 bacon strips (thinly sliced)

3 ounces cream cheese (room temperature)

1 tablespoon sundried tomatoes (finely chopped)

1 tablespoon capers

1 tablespoon lemon juice

1/2 teaspoon sriracha hot chili sauce

1 teaspoon seafood seasoning blend (more or less to taste)

24 large toothpicks

Seafood Seasoning Blend: 

1 teaspoon salt

1/2 teaspoon garlic powder

1/2 teaspoon black pepper

1/4 teaspoon cayenne pepper

Preparation Time: 30 minutes

Baking Time: Approximately 30 minutes at 350°F

Total Preparation and Baking Time: 1 hour

Servings: 24 appetizers

Preparation:

Preheat the oven to 350°F.

Cover a large sheet pan with parchment paper and arrange bacon on it. Bake at 350°F for 18 to 22 minutes, or until the bacon begins to brown but is not crisp.

Bacon, brown but not crisp

Remove the bacon from oven and place it on paper towels to remove any excess grease. Then, cut each bacon strip in half.

Prepare the cream cheese topping.

Cream cheese topping ingredients

In a small bowl, combine the cream cheese and stir until smooth. Then, add the lemon juice and sriracha, mixing until thoroughly combined. Add the finely chopped sun-dried tomatoes and mix to combine. Finally, add the capers and stir just enough to incorporate them into the cream cheese mixture.

Create a seafood seasoning blend by mixing together the salt, garlic powder, black pepper, and cayenne pepper.

Dust all sides of salmon filet, taking care to not over-season.

Lightly dust all sides of the fish or seafood with the seasoning blend. Do not over season; there will be more seasoning than needed. 

Cut the seasoned fish or seafood into bite-sized pieces, approximately 1/2 ounce each. The pieces should be small enough to wrap the protein and cream cheese topping in a half-slice of bacon.

Prepare to assemble by placing the bacon, cream cheese mixture, protein, and toothpicks nearby.

Assembling the appetizers.

Assemble the appetizers by laying out the bacon, adding the protein, then a dollop of the cream cheese mixture. To ensure consistency, I use a heaping measure of 1/2 teaspoon to place the cream cheese on each one. Pull up the bacon side to the top and secure with a toothpick. 

Note: To reduce food waste, save any remaining cream cheese mixture to use as a topping for baked fish or a small serving of seafood dip.

Appetizers are ready for the oven.

Place the prepared appetizers in an oven-safe baking dish, cover with plastic wrap, and refrigerate for up to a day before you plan to serve.

When it is time to serve the appetizers, take them out of the refrigerator, remove the plastic wrap, and place the dish in a preheated oven at 350°F for 6-10 minutes, or until cooked, but not overdone. 

Serve warm and enjoy!

Brenda Josephson is a Haines resident. She holds degrees in Culinary Arts and Food Business Leadership from the Culinary Institute of America, Hyde Park, NY and an MBA with a specialization in Strategic Planning from Heriot-Watt University, Edinburgh Business School. She enjoys spending time fishing, foraging, and savoring Alaska’s abundance of natural and wild foods with her family.

Legislative look-ahead: Pre-filed bills and fundraisers

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Alaska legislators are filing early bills and resolutions for the coming legislative session, which begins Jan. 21, 2025 in Juneau.

On Tuesday, Dec. 31, they’ll have their first deadline for the pre-filed bills, which will then be then published by the Legislative Affairs Agency on Jan. 10.

A second pre-file deadline is Jan. 14, for release to the public on Jan. 17.

The 34th Alaska Legislature will gavel in on Tuesday, Jan. 21. That means for the next three weeks, legislators and their staff will be packing personal belongings and office materials to be sent to Juneau, and legislative staff in Juneau will be preparing for the major move of offices. With the House having been taken over by the Democrat-led majority, most, if not all members’ offices will be moving, with Republicans issued the smaller offices to accommodate the smaller staffs that they will be afforded this session.

Meanwhile, the Alaska House Democrats will have a fundraiser in Anchorage on Jan. 9 to start protecting their majority in the next election, two years away. Sponsors for the House Democrat Majority fundraiser include Rep. Calvin Schrage, who has been the Democrat minority leader the past two years, while he presents himself to voters as an unaligned legislator.

The Republicans will have a joint House and Senate Leadership Fund fundraiser when they get to Juneau, with the annual event scheduled for Jan. 20, the night before the legislative session starts. Once the legislative session starts, all fundraising by incumbent legislators must end, whether in Juneau or elsewhere in the state, until the end of session.

On Jan 15, 16, and 17, freshmen legislators will attend all-day orientations in Juneau, so they know how the bill process works, legislative protocols, and where the bathrooms are.

Jan. 21 marks the annual legislative welcome reception by the City and Borough of Juneau and the Alaska Committee, starting at 5:30 p.m. at Centennial Hall. After that, there will be one legislative fly-in and reception after another for the first few weeks of the legislative session, as everyone from fishermen to oilmen visit Juneau and meet with lawmakers and their staff.

Video: What is it like at the helm of an oil tanker? Ask Capt. Eric Cooper

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A company video produced by ConocoPhillips gives viewers a glimpse into what it’s like at the helm of the Polar Tanker Discovery, which takes oil from Valdez to West Coast ports. Captain Eric Cooper leads a crew charged with safely carrying oil from Valdez, which is the terminus of the Trans Alaska Pipeline System, to West Coast ports. 

Built in 2003 and sailing under the flag of United States, the tanker is part of the Polar Tanker fleet consists of five Endeavour Class tankers—the Polar Endeavour, Polar Resolution, Polar Discovery, Polar Adventure and Polar Enterprise.

F.B.I. scientists who suspected Covid came from Wuhan lab were cut out of presidential briefings

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Federal intelligence officers and and scientists who recognized evidence that that Covid-19 leaked out of a lab in China were kept away from President Joe Biden and not allowed to offer their theory, according to a report in the Wall Street Journal on Thursday.

In August of 2021, intelligence officers from the various spy agencies were invited to a briefing with Biden. The F.B.I. was the only agency in the intelligence community that was supportive of the lab leak theory. The other agencies advocated the theory that the virus jumped from animals to humans, possibly from the Wuhan Huanan Seafood Wholesale Market, a nearby live animal and seafood market, where wild animals were sold.

The Wall Street Journal recently interviewed Jason Bannan, Ph.D., a microbiologist who had been with the F.B.I. since joining after the Sept. 11, 2001 terrorist attacks on New York and Washington, D.C.

He had been investigating how the Covid-19 virus got out of China in 2019.

“Frustrated by China’s stonewalling, President Biden had ordered an urgent assessment by the U.S. intelligence agencies and national laboratories on whether the virus had leapt from an animal to a human or had escaped from a Chinese lab that had been doing extensive work on coronaviruses,” the WSJ reported.

“The dominant view within the intelligence community was clear when Avril Haines, the director of national intelligence, and a couple of her senior analysts, briefed Biden and his top aides on Aug. 24. The National Intelligence Council, a body of senior intelligence officers who reported to Haines and that organized the intelligence review, had concluded with ‘low confidence’ that Covid-19 had emerged when the virus leapt from an animal to a human. So did four intelligence agencies,” the Journal reported.

While the F.B.I held an alternative view, no FBI officials were invited to the briefing with the president.

“Being the only agency that assessed that a laboratory origin was more likely, and the agency that expressed the highest level of confidence in its analysis of the source of the pandemic, we anticipated the FBI would be asked to attend the briefing,” Bannan told the newspaper in his first-ever interview. “I find it surprising that the White House didn’t ask.”

Read the story at this link. If you don’t have a subscription, hit the “listen” function at the top of the story and listen to it being read aloud.

Birchwood residents file lawsuit to stop major casino planned by Village of Eklutna

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A civil lawsuit filed by residents of Birchwood in the Eagle River area of Anchorage asks the court to declare that the National Indian Gaming Commission has overstepped its authority in approving a casino for Eklutna, a tribal area within the municipality of Anchorage.

The several plaintiffs in the lawsuit say that Sharon Avery, acting chairwoman of the National Indian Gaming Commission, doesn’t understand the history and legal status of what is called the Ondola allotment, which is where the proposed casino would be built.

The issue at hand is that the property is in a neighborhood with very limited, narrow access, and the people who live there would be overwhelmed and harmed by a 50,000-square-foot casino, with 700 video game machines, bingo, pull tabs, a bar and restaurant. Add to that a septic system and drain field to accommodate hundreds of people, a well to provide water, and run-off from a parking lot that would be able to accommodate hundreds of cars, all add to impacts on the environment, the plaintiffs said.

“That will inflict a direct, concrete, particularized, actual, and immediate injury in fact on the plaintiffs in that The NVE [Native Village of Eklutna] intends the seven hundred video gaming machines in its casino to attract hundreds of patrons who seven days a week will constantly travel in automobiles from the North Birchwood Exit of the Glenn Highway down Birchwood Loop Road to Birchwood Spur Road, then past the intersection of Alluvial Street and Birchwood Spur Road, to the casino. And then back again. That will irreversibly destroy the quiet family atmosphere and rural lifestyle in the Birchwood Spur Road neighborhood that the plaintiffs decades ago moved into the neighborhood to enjoy,” the lawsuit says.

The village of Eklutna history is complicated and much disputed, but through the decades and the application of politics has become more of an accepted reality, even though only about 70 people live in the village, it has total of 400 members who live mainly in Anchorage or the Mat-Su Valley. They see this gambling project as economic development for their members.

The village started in about 1897, when a few families of Dena’ina Athabascan Indian descent moved to the area that is 26 miles from downtown. It was a small community and by 1970, there were only 25 listed in the U.S. Census.

In the 1971 Alaska Native Claims Settlement Act (ANCSA), 43 U.S.C. 1609(b)(1), Congress designated the community of Eklutna as a “Native village” to enable residents of the community who were of one-fourth degree or more Dena’ina Athabascan Indian blood quantum to incorporate Eklutna, Inc., and to enable Eklutna, Inc., to be eligible for the monetary and land ownership benefits that ANCSA made available.

1988 the Alaska Supreme Court described Congress’s Alaska Native policy: “In a series of enactments following the Treaty of Cession and extending into the first third of this century, Congress has demonstrated its intent that Alaska Native communities not be accorded sovereign tribal status. The historical accuracy of this conclusion was expressly recognized in the proviso to the Alaska Indian Reorganization Act [of 1936] . . . No enactment subsequent to the Alaska Indian Reorganization Act granted or recognized tribal sovereign authority in Alaska.”

A series of other political and legal events occurred, notably under President Bill Clinton, who appointed Ada Deer as assistant Interior secretary. Deer published a rule saying Native entities within the State of Alaska that were recognized and eligible to receive services from the United States Bureau of Indian Affairs included “Eklutna Native Village.” But Assistant Secretary Deer removed from her list Eklutna, Inc., and the other ANCSA village and regional corporations.

The dispute about whether Eklutna qualifies for the jurisdiction of the National Indian Gaming Commission is tied up in these and other legal events that are enumerated in the 34-page lawsuit, which was prompted when in July, the commission said that the Ondola allotment was under its jurisdiction for casino authorization.

The plaintiffs say the members of the Native Village of Eklutna are not a federally recognized tribe whose governing body possesses powers of self-government and is not eligible to conduct gaming pursuant to the Indian Gaming Regulatory Act. The Ondola allotment is not “Indian Country,” the lawsuit says, or “Indian land.”

While the Village of Eklutna has already cleared the land for the casino, the Birchwood Community Council knew nothing of the development that will impact the neighborhood.

The plaintiffs have hired renown Indian law attorney Donald Craig Mitchell to represent them. He is the author of major works on the history of Indian Country in Alaska, and is considered a national expert. A former vice president and general counsel of the Alaska Federation of Natives, which was organized by Alaska Natives in 1967 to fight for land claims settlement, he has been continuously involved, both before Congress and in the courts, in the development and implementation of federal Native policy. In 1997, he represented Sen. Ted Stevens before the U.S. Supreme Court as amicus curiae in Alaska v Native Village of Venetie, which upheld Mitchell’s view that Congress did not intend land conveyed to Alaska Native corporations to be “Indian Country.” He has authored two books and numerous articles on Alaska Native law.

The lawsuit can be read in its entirety here: