Haudenosaunee Confederacy News

STATE SUPREME COURT DISMISSES HALFTOWN ACTION AGAINST UNITY COUNCIL

May 20, 2014 - Seneca Falls, New York

A state Supreme Court has dismissed the lawsuit filed by former Cayuga leaders Clint Halftown, Timothy Twoguns, and Gary Wheeler against the Nation’s current government, the Unity Council.

In its May 19th ruling, the Seneca County Supreme Court adopted the Unity Council’s position that “because the underlying allegations in [Halftown’s] lawsuit are fundamentally founded on the longstanding question of who has the right to lead the Nation, no determination could be made by this Court without interfering in tribal sovereignty and self-government.” The Court rejected Halftown’s claim that he is recognized as a leader of the Nation by the United States, and suggested that regardless of Halftown’s position within the nation, the lawsuit lacked merit. “Notably,” the court ruled, “there is a dearth of allegations regarding any direct involvement by any of the named defendants at any of the incidents.”

The Unity Council of the Cayuga Nation applauded the court’s decision. “The Cayuga Nation has the sole right to determine its own leadership,” said condoled Chief and Unity Council member William (Chuck) Jacobs, Heron Clan. “Clint Halftown has been removed from his leadership position, and has no right to ask a state court to reinstate him.” The BIA letter of May 15th, clearly states that Halftown is not currently recognized.

The Unity Council has taken peaceful steps toward an orderly transition of authority over the Nation and its enterprises, and is working on initiatives to better serve its people and protect its culture. In addition to the Seneca County lawsuit, Mr. Halftown’s faction has filed multiple lawsuits against Nation leaders in Cayuga County court, based on the same legal arguments rejected by the Seneca County Supreme Court. The Unity Council is defending against the Cayuga County lawsuit.

The Unity Council hopes to move forward in developing economic initiatives that will benefit the Nation and the Central New York region as a whole. The Unity Council strongly opposes bingo and casino gambling on Nation lands and believes other economic development initiatives hold more promise for the Nation and the region. “We are gratified that the court agreed that the Cayuga Nation’s internal determinations regarding its leadership are beyond state court jurisdiction and rejected this effort by former leaders to use state law against their own Nation,” said Joe Heath, an attorney for the Unity Council.