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Oglala Sioux Tribe sues Whiteclay stores, beer makers, distributors
Rapid City Journal ^ | 02/09/2012 | Kevin Abourezk

Posted on 02/09/2012 12:23:56 PM PST by Osage Orange

Oglala Sioux Tribe sues Whiteclay stores, beer makers, distributors

LINCOLN, Neb. -- The Oglala Sioux Tribe of South Dakota is suing the owners of four beer stores in Whiteclay, plus the beer distributors and manufacturers serving those stores.

The tribe's lawsuit, filed Thursday in the U.S. District Court of Nebraska, lists more than a dozen defendants, including beer manufacturers Anheuser-Busch and Miller Brewing Co. The 10-page lawsuit alleges the beer distributors and manufacturers knowingly provided alcohol to the four beer stores, which, in turn, sold alcohol to residents of South Dakota's Pine Ridge Indian Reservation, where alcohol is banned.

It alleges the defendants violated the tribe's alcohol ban as well as Nebraska law by providing alcohol to the reservation's residents, knowing those residents would transport the alcohol into the reservation and resell much of that beer to other reservation residents.

The lawsuit also alleges the owners of the four beer stores sold alcohol to intoxicated people and accepted sex, pornographic photos and food assistance vouchers in exchange for beer.

"Alcohol is a devastating drug to the Lakota people," the lawsuit states. "The vast majority of beer consumed in the town of Pine Ridge and the (reservation) is sold in Whiteclay establishments."

Tribal representatives and members of Nebraskans for Peace, which has long urged shutting down the beer stores in Whiteclay, planned to hold a 1 p.m. news conference Thursday in the Capitol Rotunda to discuss the lawsuit.

The lawsuit alleges the four beer stores sold nearly 5 million cans of beer in 2010, up from 4.3 million cans in 2004. The tribe is seeking monetary compensation "for all damages it has suffered in the past and is reasonably likely to suffer in the future caused by the actions of the defendants and as established at trial."

"The (tribe) does not have the resources to properly address families which have been torn apart by alcohol," the lawsuit states.

The lawsuit cites numerous statistics regarding the impact of the sale of alcohol at Whiteclay on reservation residents, including: one in four children being born with either fetal alcohol syndrome or fetal alcohol spectrum disorder; an average reservation life expectancy of between 45 and 52 years; and a teen suicide rate that is 150 percent higher than the American average.

"The devastating and horrible effects of alcohol on the (Oglala Sioux Tribe) and the Lakota people cannot be overstated," the lawsuit states.


TOPICS: Society
KEYWORDS: indians; sioux
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1 posted on 02/09/2012 12:24:09 PM PST by Osage Orange
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To: Osage Orange

Oh, cry me a “F”ing bucket! Adults doing business with other adults isn’t a crime. Hay, Chief “What’s-Your-Name”, arrest the “tribal members who broke “tribal law” and shut you “pie hole”!!


2 posted on 02/09/2012 12:30:14 PM PST by WellyP (REAL)
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To: Osage Orange

I don’t get it. Is the government involved here? Was a government fiat issued, compelling native Americans to purchase beer and drink it irresponsiby? Were these stores on the reservation. Someone’s in heap-big trouble!


3 posted on 02/09/2012 12:30:27 PM PST by old school
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To: Osage Orange

I was working on my house and smashed the living be-geebers out of my thumb. I think I should sue Stanley Tools, they made the hammer ... and Home Depot sold it to me.


4 posted on 02/09/2012 12:31:36 PM PST by Hodar ( Who needs laws; when this FEELS so right?)
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To: Osage Orange
So a store now not only have to verify age but also residence AND laws in the location of the residence.

Here's an idea. Take responsibility for your own actions.

5 posted on 02/09/2012 12:31:36 PM PST by Drill Thrawl (The damage is too extensive. Burn it down and start over.)
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To: Osage Orange
That beer store needs to be severly punished for kidnapping tribe members, restraining them while they poured beer down their throats, snuck cases of beer into their trunks, blackmailed them into selling it to other tribe members and ... wait ... what's that? Tribe members purchased the beer voluntarily?

Never mind ...

6 posted on 02/09/2012 12:34:14 PM PST by In Maryland ("Truth? We don't need no stinkin' truth!" - Official Motto of the Main Stream Media)
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To: Hodar
What would maybe enrich you more..and entice some lawyer...is if you had a couple beers before you smashed your thumb!!!

HA!!

7 posted on 02/09/2012 12:36:25 PM PST by Osage Orange (A clear conscience is the sign of a fuzzy memory.)
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To: WellyP
Adults doing business with other adults isn’t a crime.

Except when it is ... see the War On Drugs.

8 posted on 02/09/2012 12:36:25 PM PST by JustSayNoToNannies (A free society's default policy: it's none of government's business.)
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To: Drill Thrawl
Here's an idea. Take responsibility for your own actions.

We are talking about Native American Indians; they are the Holy Grail of 'Victim-hood'. Nothing is ever their fault, no matter what the circumstances; it's always someone else's fault.

Single motherhood? Illteracy? High School drop-outs? Alcoholism? Domestic Abuse? Unemployment? Drug abuse? Laziness? Criminal activities? Rate of conviction and jail populations? Don't ever blame the Native American Indians - or you'll be called a racist. Been there, done that, got the T-shirt.

It's typically the White-man's fault.

9 posted on 02/09/2012 12:36:55 PM PST by Hodar ( Who needs laws; when this FEELS so right?)
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To: WellyP

That would make too much sense.......


10 posted on 02/09/2012 12:37:51 PM PST by Osage Orange (A clear conscience is the sign of a fuzzy memory.)
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To: All
Having been to Whitclay, the only thing there is liquor stores.
11 posted on 02/09/2012 12:38:51 PM PST by troy McClure
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To: Osage Orange

Five million cans of beer between four stores or 1.25 million per store. That’s a lot of beer! How much is the average retail price of a can of beer?


12 posted on 02/09/2012 12:39:38 PM PST by Jack Hydrazine (It's the end of the world as we know it and I feel fine!)
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To: Hodar
I think blacks are running neck and neck with my Indian brothers....

Ha!!

13 posted on 02/09/2012 12:40:20 PM PST by Osage Orange (A clear conscience is the sign of a fuzzy memory.)
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To: Hodar
Single motherhood? Illteracy? High School drop-outs? Alcoholism? Domestic Abuse? Unemployment? Drug abuse? Laziness? Criminal activities? Rate of conviction and jail populations?

For a moment there I thought you were talking about mooslimes.

14 posted on 02/09/2012 12:40:57 PM PST by Drill Thrawl (The damage is too extensive. Burn it down and start over.)
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To: Osage Orange
the four beer stores ... sold alcohol to residents of South Dakota's Pine Ridge Indian Reservation

Interesting. They apparently want the stores to refuse to sell a legal product to customers who happen to be Indian.

Isn't there a law or two against such racial discrimination?

15 posted on 02/09/2012 12:42:10 PM PST by Sherman Logan
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To: Osage Orange

I love it.

Popcorn time.


16 posted on 02/09/2012 12:42:28 PM PST by RinaseaofDs (Does beheading qualify as 'breaking my back', in the Jeffersonian sense of the expression?)
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To: Osage Orange
"Alcohol is a devastating drug to the Lakota people," the lawsuit states.

Injuns can't handle firewater.

17 posted on 02/09/2012 12:43:12 PM PST by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: Jack Hydrazine

Come on that is only about a 150 cases a day.


18 posted on 02/09/2012 12:45:35 PM PST by Ratman83
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To: Hodar

“It’s typically the White-man’s fault.”

Who else is giving them all the welfare they want in order to buy 5 million beers a year?
It’s Whitey McCracker-Honkey!

Reminds me of that scene from the movie, “The Hebrew Hammer.”

Mohammed Ali Paula Abdul Rahim: Who brings in the dope?
Members of the Kwanzaa Liberation Front: The white man!
Mohammed Ali Paula Abdul Rahim: Who brings in the guns?
Members of the Kwanzaa Liberation Front: The white man!
Mohammed Ali Paula Abdul Rahim: Who brought in that disco?
Members of the Kwanzaa Liberation Front: The white man!
Mohammed Ali Paula Abdul Rahim: Who brings in that naaaasty-aaaazz Jheri curl?
Members of the Kwanzaa Liberation Front: The white man!
Mohammed Ali Paula Abdul Rahim: And who tries to put they
m-f’in foot up Kwanzaas azz?
Members of the Kwanzaa Liberation Front: The white man!
Mohammed Ali Paula Abdul Rahim: Thats right!
Mohammed Ali Paula Abdul Rahim: [Much later] And who brought in Britney Spears?
Members of the Kwanzaa Liberation Front: The white man!


19 posted on 02/09/2012 12:45:57 PM PST by Jack Hydrazine (It's the end of the world as we know it and I feel fine!)
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To: Ratman83

“Come on that is only about a 150 cases a day.”

Per Indian??????

Oy!


20 posted on 02/09/2012 12:48:01 PM PST by Jack Hydrazine (It's the end of the world as we know it and I feel fine!)
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To: Jack Hydrazine
Depends on the brand and the amount in the can, I'd guess.

I think around here...you can buy a six-pack of some light 16oz beers for around $6....So that would be around a buck a can.

21 posted on 02/09/2012 12:48:25 PM PST by Osage Orange (A clear conscience is the sign of a fuzzy memory.)
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To: Hodar

You deserve to smash your thumb. It would not have happened if you would have kept both hands on the hammer.


22 posted on 02/09/2012 12:53:50 PM PST by fish hawk (Isa. 42:12 Let them give glory unto the Lord and declare his praise in the islands. (Maui))
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To: Jack Hydrazine

Per store


23 posted on 02/09/2012 12:55:51 PM PST by Ratman83
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To: Moonman62
Let me tell you an anecdotal story....

I had a couple cousins..( They are both gone now..and I loved them both!! )

One who was closer to my age....we used to grab a bottle of Ripple...and drive around and drink. About half-way thru...he was crazy drunk...and I was just buzzed. My Uncle, his dad was a full blood Indian...his mom my aunt was at least near 50% Indian.

I myself...Well my grandma was at least 50% Indian too......but I could handle booze way better than those cousins. I think...there is something to Indians not metabolizing alcohol the same as white folks.

I think there is some scientific data out there...that supports that too. But I don't know for sure...

24 posted on 02/09/2012 12:58:50 PM PST by Osage Orange (A clear conscience is the sign of a fuzzy memory.)
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To: Ratman83

Found this related article:

http://www.hhrjournal.org/index.php/hhr/article/view/263/396
Righting a century of wrongs: Whiteclay, Nebraska
Published September 29, 2009

“Whiteclay, Nebraska, population 14 (more or less) has been called the “skid row of the plains” for its four liquor stores, which all do brisk business — approximately 12,000 cans of beer a day. The visitors buying the beer are from South Dakota’s Pine Ridge Indian Reservation — less than 200 feet from the town line — where alcohol is illegal and alcoholism has ravaged the community.”

“The director of Oglala Sioux Lakota Housing said a few months ago that the reservation needs 4,000 new homes for its 40,000 residents. And men on Pine Ridge have, after Haiti, the lowest life expectancy in the Western Hemisphere (48 years); for women, it’s 52. Half of Pine Ridge residents over 40 have diabetes.”

“And while over 90% of customers at the Whiteclay liquor stores are from Pine Ridge, if they are jailed in Nebraska for drinking-related offenses, they aren’t eligible for Nebraska’s subsidized treatment centers — those are for state residents.”


Based on those numbers 10,800 cans of beer is being consumed by 40,000 Pine Ridge Res Indians. That’s a little less than 4 cans per day for men, women, and children!


25 posted on 02/09/2012 12:59:03 PM PST by Jack Hydrazine (It's the end of the world as we know it and I feel fine!)
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To: In Maryland

Don’t give Holder any ideas.............


26 posted on 02/09/2012 1:03:09 PM PST by Osage Orange (A clear conscience is the sign of a fuzzy memory.)
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To: Jack Hydrazine
That’s a little less than 4 cans per day for men, women, and children!See no problem /s
27 posted on 02/09/2012 1:07:53 PM PST by Ratman83
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To: Jack Hydrazine
I like your tag line....

Like the song actually......

28 posted on 02/09/2012 1:07:58 PM PST by Osage Orange (A clear conscience is the sign of a fuzzy memory.)
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To: fish hawk
You deserve to smash your thumb. It would not have happened if you would have kept both hands on the hammer.

Now that was funny.... just sprayed Dt. Dew over my work laptop ...

29 posted on 02/09/2012 1:14:36 PM PST by Hodar ( Who needs laws; when this FEELS so right?)
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To: Osage Orange

Exactly! I can see the negative side of what’s coming for the USA but I see enough good things happening at the grassroots level that I have complete confidence and optimism that we’ll get through the rough stuff and emerge winners.


30 posted on 02/09/2012 1:14:58 PM PST by Jack Hydrazine (It's the end of the world as we know it and I feel fine!)
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To: Osage Orange

Maybe the stores need to be a little more sensitive on this. At the very least, maybe, post appropriate signs to show they have changed their policy and no longer sell to the reservation's residents.

31 posted on 02/09/2012 1:27:22 PM PST by Kenton
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To: Osage Orange
alleges the beer distributors and manufacturers knowingly provided alcohol to the four beer stores, which, in turn, sold alcohol to residents

Uh huh, I knew it! It's never the customers' fault.

32 posted on 02/09/2012 1:29:15 PM PST by bgill (Romney & Obama are both ineligible. A non-NBC GOP prez shuts down all ?s on Obama's admin)
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To: Osage Orange

So is there going to be a retaliatory suit by gambling addicts?


33 posted on 02/09/2012 1:30:05 PM PST by Hunton Peck (See my FR homepage for a list of businesses that support WI Gov. Scott Walker)
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To: Hunton Peck
LOL!!

I think that's already happened.....

34 posted on 02/09/2012 1:39:56 PM PST by Osage Orange (A clear conscience is the sign of a fuzzy memory.)
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To: fish hawk

Geesh Fish Hawk...what kind of hammer you swinging?


35 posted on 02/09/2012 1:41:38 PM PST by Osage Orange (A clear conscience is the sign of a fuzzy memory.)
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To: Osage Orange
"I think...there is something to Indians not metabolizing alcohol the same as white folks.

I think there is some scientific data out there...that supports that too. But I don't know for sure...

There is a lot of scientific evidence that there is a connection between ancestry and alcoholism. There is a map of estimated years of life lost to alcohol abuse at:

http://en.wikipedia.org/wiki/File:Alcohol_use_disorders_world_map_-_DALY_-_WHO2002.svg

It clearly shows that the middle east enjoys the lowest incidence, and as one moves farther from there the incidence increases. Some scientists speculate this has to do with number of generations exposed to alcohol - that there is a natural selection process whereby, due to early death, alcohol abusers are gradually eliminated from the gene pool.

Native Americans apparently were not exposed to alcohol before Europeans arrived, and so the process of weeding-out those unable to handle alcohol is in its early stages.

So Native Americans have higher rates of alcohol abuse. But, like all human beings, they have free will to indulge or not. And the consequences should not be a surprise.

36 posted on 02/09/2012 1:44:19 PM PST by In Maryland ("Truth? We don't need no stinkin' truth!" - Official Motto of the Main Stream Media)
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To: Drill Thrawl

Mormans and muslims aren’t supposed to partake either. Carding is soon going to be a long drawn out process if you have to check residence address, race, religion, age, etc. But that’s racist! Or is it in this case? Yes, it is. No, they are victims. Ughhh, I’m so confused!!!


37 posted on 02/09/2012 1:46:38 PM PST by bgill (Romney & Obama are both ineligible. A non-NBC GOP prez shuts down all ?s on Obama's admin)
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To: Osage Orange

That’s “Inmate Holder” to you! LOL!


38 posted on 02/09/2012 1:49:01 PM PST by In Maryland ("Truth? We don't need no stinkin' truth!" - Official Motto of the Main Stream Media)
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To: Hodar
Wow do I relate to your rant. I grew up next a reservation. We gave them everything, land, free housing free food, free education through university! The reservation could be stunningly beautifully and lush place but they choose to live in a pig sty!
39 posted on 02/09/2012 1:51:02 PM PST by WellyP (REAL)
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To: bgill
Mormons are not supposed to drink caffeine either - so be prepared to be carded at the coffee shop in the future! Once President Romney is in office ...

Oh, lord ... can't believe I said that last part! Heaven help us!

40 posted on 02/09/2012 1:52:38 PM PST by In Maryland ("Truth? We don't need no stinkin' truth!" - Official Motto of the Main Stream Media)
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To: WellyP

It’s the CIA, in an attempt to control the minds of adult Native Americans by plying them with alcohol.


41 posted on 02/09/2012 1:54:03 PM PST by OldGoatCPO
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To: WellyP

It’s the CIA, in an attempt to control the minds of adult Native Americans by plying them with alcohol.


42 posted on 02/09/2012 1:54:28 PM PST by OldGoatCPO
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To: Hodar

I got my wife to hold the nail but then it only worked once and I am single now.


43 posted on 02/09/2012 2:09:51 PM PST by fish hawk (Isa. 42:12 Let them give glory unto the Lord and declare his praise in the islands. (Maui))
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To: WellyP

I grew up in South Dakota. I saw the mess they made for themselves first-hand; just like you. They have opportunities that people like you and I will never have - yet, everything that goes wrong is someone else’s fault.

Free Education, garranteed placement into any field of study they wish to pursue - free!! Small business set-asides, programs that we could never qualify for - when is the last time you met an American Indian doctor, lawyer, engineer, programmer or business-owner? In my 22 yrs of experience, I have met exactly 1. I still keep in contact with him, American Indian, ex-Marine and Jewish; I fear he was truly one of a kind.


44 posted on 02/09/2012 2:19:25 PM PST by Hodar ( Who needs laws; when this FEELS so right?)
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To: In Maryland
I know there are studies that show American Indians have sensitivity's greater than others to alcohol...And not particularly an ancestry alcoholic thing.

IOW, American Indians are prone to alcoholism...based on their innate inability to metabolize alcohol as others do. My own personal anecdotal evidence bears this out.

I think there are other studies...that are equally interesting...where carb's and fat's aren't metabolized the same way as white people...when studying diabetic Indians.

And diabetic Indians is a huge problem, as is alcoholism........

FWIW-

45 posted on 02/09/2012 2:20:54 PM PST by Osage Orange (A clear conscience is the sign of a fuzzy memory.)
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To: In Maryland
Mormons are not supposed to drink caffeine either - so be prepared to be carded at the coffee shop in the future! Once President Romney is in office ...

Before you blast someone, please have the intelligence to know what you are talking about. Mormons are permitted caffeine, they drink Coke and soda like anyone else. They are told to abstain from Coffee and certain tea products.

Most will abstain from alcoholic drinks, which is entirely up to them. However, unlike Baptists - Mormons hold the term "free agency" to be a basic tennant. Just because they chose not to partake, does not mean they forbid you from chosing. You are free to buy beer/wine/coffee and tobacco; it's YOUR choice, not theirs.

46 posted on 02/09/2012 2:27:07 PM PST by Hodar ( Who needs laws; when this FEELS so right?)
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To: bgill
I grew up in Utah you did not go near Duchesne on a Friday night.
47 posted on 02/09/2012 2:40:59 PM PST by Little Bill (Sorry)
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To: Osage Orange

Are they on the res? [Wikis] No, apparently they’re not. Sucks for you, tribe. Enforce your own dry laws.


48 posted on 02/09/2012 3:03:16 PM PST by RichInOC (No! BAD Rich! (What'd I say?))
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To: Osage Orange; Eric Blair 2084; Tolerance Sucks Rocks; Mears; metesky; Madame Dufarge; ...
The tribe is seeking monetary compensation "for all damages it has suffered in the past and is reasonably likely to suffer in the future caused by the actions of the defendants and as established at trial."

I would love to know the names of the lead attorneys, and their firm affiliation on this as the wording is nearly identical to that used by the the ambulance chasers that went after the tobacco companies.

49 posted on 02/09/2012 3:27:55 PM PST by Gabz (Democrats for Voldemort.)
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To: Gabz

You know very well that if these merchants refused to sell to the tribe members it would be considered discriminatory.

What a hell this country is becoming.


50 posted on 02/09/2012 3:43:50 PM PST by Mears (Alcohol. Tobacco. Firearms. What's not to like?)
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