Thursday, 02 August 2007

CHARLESTOWN - Charlestown residents erupted into an ovation at this week's council meeting when the council voted 4-1 to join the state in appealing a recent Supreme Court decision - which allows the federal government to take 31 acres of Narragansett Indian land in Charlestown into federal trust.

“We’ve never had Indian country in Rhode Island before… If we prevail the entire state is safe,” said Charlestown Indian Affairs Solicitor Joseph Larisa. “This is the town’s most important case. This appeal isn’t about the Narragansetts being able to run their tribe; it’s about the town being able to run the town.”

If the current Supreme Court decision stands, Narragansett Indian trust land, anywhere in the state will not be subject to state and local laws or to property taxes.

By JAMES MADDEN

CHARLESTOWN - Charlestown residents erupted into an ovation at this week's council meeting when the council voted 4-1 to join the state in appealing a recent Supreme Court decision - which allows the federal government to take 31 acres of Narragansett Indian land in Charlestown into federal trust.

“We’ve never had Indian country in Rhode Island before… If we prevail the entire state is safe,” said Charlestown Indian Affairs Solicitor Joseph Larisa. “This is the town’s most important case. This appeal isn’t about the Narragansetts being able to run their tribe; it’s about the town being able to run the town.”

If the current Supreme Court decision stands, Narragansett Indian trust land, anywhere in the state will not be subject to state and local laws or to property taxes.

“I frankly disagree that this is a threat to the entire state of Rhode Island,” said Town Councilor James Mageau, who cast the dissenting vote.

Legal fees

Mageau indicated he didn’t want to make the appeal because he doesn’t want taxpayers to spend money on attorney fees - up to $20,000.

“I think it was a mistake. We’re just prolonging the agony,” said Mageau after the meeting. “The mistake people in there are making is that they think they can change the law when they’re going into court. The laws have already been written… I’m glad I can leave here with my head held high and my self respect.”

During the meeting, Mageau mentioned the amounts of money that’s been paid to Larisa for Indian affairs litigation – since 1998, $323,869 and since 2003, $222,845. “The end result has been a goose egg… If we continue we’re looking at legal fees that could be in the millions,” said Mageau, who also claimed that Larisa has been unsuccessful in all of the seven cases he’s litigated for Charlestown.

Larisa, whose monthly retainer from the town is $2,000 a month, didn’t lend any credence to these comments by Mageau during or after the meeting.

“This current case is the only case the town has lost while I’ve been the attorney,” said Larisa after the meeting.

As a result of the alleged failed cases, Mageau said the town also had to pay the fees of opposing attorneys.

“They didn’t take attorneys fees,” said Larisa. “The best thing for Indian lawyers would be for this decision to stand.”

Larisa explained that it would cost the town more money in attorney fees if they didn’t appeal.

Despite not wanting to make an appeal, Mageau suggested that if an appeal were to be done, someone other than Larisa should do it.

“My comments are not against Mr. Larisa, but I think we need to hire an attorney that can take a fresh look,” said Mageau.

After the meeting, one of the lawyers Mageau mentioned was Charles Hobbs out of Washington D.C.

Mageau said Hobbs shouldn’t conduct an appeal, but rather resolve resolutions with the Narragansett through out-of-court “negotiations.”

Narragansett Housing:

In another issue, Larisa explained how the Narragansetts have preventing themselves from getting the proper state permitting for their 50 unit elderly housing project, which is on the 31 acres in Charlestown.

“The town is on record, and I hope they stay on record, as supporting that elderly housing development,” said Larisa. “We’ve said to them ‘can’t you fight this trust case another day rather than over a housing case’ and their answer has always been no.”

Larisa said in negotiations with the Narragansett’s he’s offered them to have the elderly housing project taken into trust, in return for the guarantee that the property remains a housing project, and there’s no casino development.

Larisa said, “The best thing they would say is that they have no present intention,” to change the elderly housing property into something other than a housing project.

After the meeting Town Council President Katharine Waterman offered the following statements:
“Mr. Mageau wants to make this issue about lawyer's fees. I am convinced that his constituents have a far greater understanding of the long term cost of losing our rights as citizens.”
“The real issue at stake here is equal rights for all of our state's inhabitants, whether they consider themselves citizens or not. The law of the land has to apply to everyone equally.”

“The decision of the 1st Circuit Court of Appeals ruled that that was not the case! I think the citizens of Charlestown are willing to take a stand and demand that the Supreme Court of the United States needs to look closely at the ramifications of this decision, and make the necessary corrections.”
“Charlestown is willing to support that effort. This is not about any Native American Tribe, and it is not about money. It is quite simply about equal rights.”

After the meeting Larisa said, “I think if we get to the Supreme Court we’ve got a good chance.”
According to Larisa, the problem is getting the appeal heard. He said the Supreme Court hears about 100 out of 5000 appeals.

Prior to the meeting:

Hours before the Tuesday town council meeting some state and local officials weighed in on the significance of trust case.

“Whether Charlestown is in or is out is up to them, but this is a major case that has national implication and Attorney General Lynch is in all the way,” said Attorney General representative Mike Healy.

Prior to the meeting Charlestown Town Solicitor Robert Craven weighed in on the possibility of taking on the trust case appeal at the possible request of the council.

“I’ve not heard of the council not renewing Mr. Larisa’s position,” said Craven. “It would not be my advice to the council for me to handle the case… Do I think I can handle the case, sure. Though what I would advise the council to do would be to appoint someone with the experience, such as Mr. Larisa, to handle such a case.”

Craven said that Larisa, prior to the meeting, had already sent notification he wanted his job performance review done in open session.

Town council’s decision to go ahead with the appeal took about an hour and a half. Then, the decision to have Larisa handle the appeal took less than 10 minutes. The vote was 4-1 with Mageau being the dissenting vote.

Emotional meeting:

From beginning to end Tuesday’s meeting was a very emotional one.

At the beginning Town Councilor John Craig said someone in attendance called him “a jerk.” He requested the man to be removed from council chambers.

Then a heated discussion broke out of whether or not the meeting should be held in open or executive session which resulted in Waterman ordering to have Mageau removed from council chambers.

“Would you please remove Mr. Mageau from council chambers, it’s $20 each time he refuses to go,” said Waterman.

Town Sergeant Ray Dusault said, “I don’t believe there is a reason to remove him.”
Waterman deferred to Craven on Mageau’s removal.

“Nothing he said was anything but free speech,” said Craven.

Eventually cooler head prevailed and no one was removed.

Resident reaction:

“It was terrific. Bruce Picard should be very proud of himself. He stood up to Mr. Mageau,” said resident Ruth Platner in reaction to the council’s decisions.

“This is a great victory for the town,” said resident Mary Taylor. As far as Mr. Mageau is concerned – what does he want to do, fire every lawyer in town that he doesn’t like? It seems that way.”

Tribe reaction:

There was one member of the Narragansett Indian Tribe that attended the meeting, John Thomas, the older brother of Chief Sachem Mathew Thomas.

After the meeting Thomas said he was perturbed by what Larisa said and would have responded had he the chance.

Thomas blamed Waterman for no public comment and made pointed comments to her as she was leaving council chambers and to other residents as well afterwards.
“We want economic development by whatever means,” said Thomas outside of town hall, which he said wouldn’t rule out casino development.