- Two tribes in South Dakota have set up checkpoints to monitor and regulate who comes and goes from their reservation during the coronavirus pandemic.
- Both tribes have very limited medical resources of their own and believe this is the best way to protect themselves. One tribe leader said the closest medical facility to their reservation is three hours away.
- Governor Kristi Noem believes that these checkpoints violate the law as some go into U.S. and state highways, and a recent moratorium suggests that tribes should work with the government before shutting down travel there. She has demanded that the checkpoints be removed, threatening legal action.
- The tribes and other state legislators believe that they are acting within their legal rights, as many laws state that highways running through tribal land are not in the state’s jurisdiction.
Governor Noem’s Demand
Leaders of two tribes in South Dakota are rejecting the Governor’s demand that they shut down coronavirus checkpoints on the borders of their reservations.
The Cheyenne River Sioux Tribe and Oglala Sioux Tribe both independently established these checkpoints in early April to monitor and regulate who was coming to and leaving their reservations. On Friday, Governor Kristi Noem ordered that they take them down.
“If the checkpoints are not removed within the next 48 hours, the State will take necessary legal action,” Noem said in a statement.
In letters to both tribes, she claimed that these leaders were acting outside of their legal authority by exerting control over state and U.S. highways, where some of these checkpoints are located. Noem said that an April moratorium stated that tribes must consult with the state of South Dakota and enter into an agreement before or restricting travel on State or U.S. Highways. She claims no discussion of this nature happened.
Tribal Leaders Respond
The tribes believe that they are acting within their legal boundaries to protect themselves. Both tribes have enacted stay-at-home measures, something that Noem has not done for the state. They believe that those measures, along with the checkpoints, are the most effective way to protect their reservations from an outbreak, which they do not have the means to respond to.
“The nearest health care, critical care is three hours away from where we live,” Cheyenne River Sioux Tribe Chairman Harold Frazier told CNN. Frazier also says that while the reservation is home to 12,000 people, they only have an eight-bed facility. They also do not have ICUs.
Speaking in a Facebook Live on Saturday, President Julian Bear Runner of the Oglala Sioux Tribe said his reservation also lacked the resources to respond to this pandemic. His reservation services almost 47,000 people, but was only allocated four ventilators by the government.
Bear Runner claims that his tribe had to take action because both the state and federal government had an inadequate response to the outbreak.
“We have adopted our border arrival and monitoring plan to save the lives of our people, including our elderly tribal members, without whom we cannot pass on our language, culture and traditions,” he said during the Facebook Live. Bear Runner also added that he believes his tribe is not violating the law, as they have not closed off any highways and do not intend to do so.
Frazier has also condemned the government’s response to the outbreak. He put out a statement on Friday rejecting Noem’s request.
“I absolutely agree that we need to work together during this time of crisis, however you continue to interfere in our efforts to do what science and facts dictate seriously undermine our ability to protect everyone on the reservation,” he wrote.
What are the Checkpoints?
According to guidelines set by the Cheyenne River Sioux Tribe, both residents and non-residents must complete a health questionnaire upon leaving and entering the reservation. Residents can only go to non-hot spots within the state for essential reasons. If a resident plans on traveling to a hot spot or outside of the state, they can only do so for essential work, a medical appointment, or obtaining or delivering essential supplies that are not available within the reservation. They must also quarantine for 14 days when they return unless they obtain a travel permit.
Non-residents are only allowed on the reservation for essential reasons and can only come from non-hot spots in the state. If they come from elsewhere, they must have a travel permit and can also only do so for essential work, a medical appointment, or obtaining or delivering essential supplies that are not available within the reservation. Travel permits can be obtained via application from the tribe.
Letter From Legislators
The tribes have support from 17 state legislators in South Dakota who wrote a letter to Noem on Saturday asking that she work with the tribes on this issue. They believe the state does not have the authority to shut the checkpoints down.
They wrote that several laws and court rulings have established that “the State of South Dakota has no jurisdiction over the highways running through Indian lands in the state without tribal consent.”
The legislators also fear that if the governor escalates the matter to a lawsuit, this “will ultimately cost the people of South Dakota more money.”
The representatives and senators who signed the letter represent districts with tribal lands. They feel that Noem should have consulted them before writing to the Cheyenne River Sioux Tribe and Oglala Sioux Tribe so they could guide her response.
“[Noem] elected, however, not to contact us and sent an ultimatum to both tribes,” they wrote in the letter. “We think a better approach is communication rather than confrontation, cooperation rather than constitutional crisis and discussion rather than demands.”
They closed the letter by encouraging Noem to find common ground with the leaders of the tribes so they can negotiate a resolution that keeps all people “healthy and safe.”
Noem’s office, however, put out an update Sunday maintaining that the checkpoints are not legal and that the matter would be taken to federal court if they are not removed. The matter remains unresolved, as neither tribe has budged.
See what others are saying: (CNN) (KNBN News Center) (Time)
Conservatives are Mad at “Woke” Xbox for Minor Climate-Related Updates
The fury comes after Xbox announced it was slightly altering existing consoles to better utilize and save energy.
Same War, New Battlefield
Mere days after M&M canceled their “spokescandies” due to backlash from the right, led largely by Fox News’ Tucker Carlson, conservatives have found a new front for their ongoing culture war: Xbox.
Carlson spent months complaining that small character redesigns were “woke” because they made the animated anthropomorphized M&M’s — in his own words — “less sexy.” His campaign finally proved successful on Monday when the company announced it would be doing away with the spokescandies and replacing them with actress Maya Rudolph.
Conservatives, now facing a sudden dearth of non-issues to complain about, quickly found a new issue to rage against. Xbox announced in a blog post earlier this month that it is making minor updates to lower its environmental impact as part of an effort to reach Microsoft’s goal of being carbon-negative by 2030.
Now, instead of having an Xbox wake up to update games, apps, and software during random times of the night, it will do that at a time of night when a user’s local energy grid is generating the most power it can from renewable sources.
Xbox also said it would automatically update some older consoles to a power-saving mode that aims to reduce electricity consumption when it is turned off — a feature that is already the default on newer consoles.
According to The Verge, the only difference for users is that an Xbox in power-saving mode takes around 15 seconds to boot up instead of doing so immediately as the console does in “sleep” mode. The change is a small price to pay for what the outlet described as “significant” energy savings.
Xbox Under Fire
To many leading conservative voices, the minimal shifts were just another example of “woke” culture.
While discussing M&M’s spokescandies Tuesday morning, “Fox and Friends” co-host Ainsley Earhardt brought up Xbox’s new changes with Fox radio host Jimmy Failla.
“So Xbox has also announced that they’re going woke too, you know, because of climate change,” Earhardt said.
“I mean, it’s crazy what they’re doing, but we understand what this is. It’s not that it’s actually going to offset emissions, okay — the level of reduction is infinitesimal,” Failla claimed, without evidence. “But they’re trying to recruit your kids into climate politics at an earlier age; make them climate conscious now.”
“Yeah, I didn’t think of that — you’re right, they’re going after the children,” Earhardt agreed, despite the fact that internal data from Microsoft shows just around 10% of Xbox owners are under the age of 18.
Other prominent conservatives also did their part to bait Americans into anger on social media, including America’s Foundation, which posted a tweet stating that “the woke brigade is after video games.”
The post linked an article from the right-wing website TheBlaze, which asserted that “Xbox will force gamers to power down to fight climate change.” That, however, is false — Xbox has said users can switch back and change the settings any time they want
Still, top lawmakers continued to share the article and spread its false claims, including Sen. Ted Cruz (R-Tx.).
“First gas stoves, then your coffee, now they’re gunning for your Xbox,” he wrote in the post, which was flagged by Twitter and given an “added context” warning.
The same warning, however, was not placed in a very similar post by Rep. Troy Nehls (R-Tx.), who also shared the article.
“They want to take your guns. They want to take your gas stoves. And now they want to take your Xbox. What’s next?” he wrote.
See what others are saying: (The Washington Post) (The Daily Beast) (VICE)
Washington State Launches Investigation Into Abuse at Private Special Ed. Schools
Allegations include staff kicking a fourth-grader and dragging a child with autism around by his leg.
Washington State’s Office of Superintendent of Public Instruction (OSPI) has launched an investigation into a system of private schools for kids with disabilities after ProPublica and the Seattle Times reported on allegations of abuse.
The series of articles focused on Northwest School of Innovative Learning (NWSOIL). NWSOIL is a set of private schools that serve 500 Washington public school students with serious disabilities. ProPublica and the Seattle Times found years of complaints from parents and school districts against NWSOIL alleging abuse, overuse of isolation rooms, and unqualified aides teaching instead of certified professionals.
One district claimed NWSOIL staff kicked a fourth-grader. Another alleged that a child with autism was dragged around by his thigh.
Many former NWSOIL employees also claim that they were pressured by their parent company to to enroll more students and skimp on basic resources, like staffing.
In a seven-page letter, OSPI reminded NWSOIL of its authority to revoke or suspend a school’s approval, meaning that it could shut NWSOIL down.
“Given the serious nature of the allegations made in the articles, OSPI is examining what, if any, actions need to be taken with respect to Northwest SOIL’s approval to contract with Washington school districts,” Tania May, assistant superintendent for special education at OSPI, wrote in the letter.
OSPI has demanded any records of mistreatment, maltreatment, abuse, or neglect as well as documents pertaining to restraint or isolation of students and calls to the police. They are also seeking information about the student-to-teacher ratio and staff qualifications.
In the letter, OSPI claims that all of this was previously unknown to them as well as to police, Child Protective Services, and local school districts. They are asking NWSOIL for an explanation as to why the allegations were not reported.
NWSOIL defended itself in a public statement.
“Use of restraints and seclusion are always used as a last response when a student is at imminent risk of hurting themselves or others,“ it said. “We strongly deny any allegation that we understaff and/or pressure staff to increase admissions in order to maximize profits.”
Washington state representatives are considering a reform bill that will give them more oversight on the publicly funded system of private special education schools.
In this legislation, OSPI and at least one district that sends students to this program would be required to visit before approving the contract. It would also standardize district agreements with programs like NWSOIL, including financial safeguards to make sure funds are being used appropriately.
See the full series: (ProPublica) (The Seattle Times)
Mass Shootings in Half Moon Bay, Oakland Rock California
Just since Saturday, at least 19 people have been killed and 17 have been injured in mass shootings in California.
California Sees Third Attack in Under a Week
Two California localities experienced separate mass shootings Monday, just days after an attacker killed 11 and injured nine others in a suburb of Los Angeles.
The first of the most recent shootings took place in Half Moon Bay, a small coastal town about 30 miles outside of San Francisco, where a gunman killed seven and critically injured an eighth at two different locations.
According to authorities, police were dispatched to the first location around 2:20 pm and found four people shot to death and a fifth victim also suffering gunshot wounds. Shortly after, three more people were found dead at another site nearby.
About two hours later, police discovered the suspect in his car in the parking lot of a San Mateo County Sheriff’s Office substation with a semiautomatic handgun in the vehicle that officials later confirmed he had purchased legally.
Sheriff Christina Corpus said the man was taken into custody “without incident” and is “fully cooperating.” He has been identified as a 66-year-old Half Moon Bay resident of Asian descent.
Currently, the gunman’s motive is unknown, but the Sheriff told reporters Monday that both of the locations he targeted were nurseries, and it has since been reported that they were mushroom farms.
“All evidence we have points to this being an instance of workplace violence. The Mountain Mushroom Farm, the first location, is where the subject was employed,” Corpus said in a press conference Tuesday, though she added that, so far, the “only known connection between the victims and the suspect is that they may have been coworkers.”
As of writing, it remains unclear why he targeted the second location. A mushroom farm called Concord Farms has told reporters that it was the site of the second shooting — which a law enforcement official confirmed to The Washington Post.
In a statement to the media, a spokesperson said the farm had “no past knowledge” of the alleged gunman or his possible motives. Little has been released about the victims, though Corpus said Tuesday they were all adults and a “mixture of Asian and Hispanic descent,” some of whom were migrants.
Authorities had previously stated that, because people both live and work on the farms, children were among those who witnessed the shooting. However, on Tuesday, one official walked that back and said while children were indeed in the vicinity, police do not have information about specific witnesses.
Just hours after the violence in Half Moon Bay, seven people were injured, and one other was killed during a shooting at a gas station in Oakland. Very little has been reported about the incident, but police have said that the shooting was “between several individuals.”
Renewed Calls for Gun Control
Californians continue to reel from the rapid succession of mass shootings in a state known for its strict gun control laws.
According to Everytown for Gun Safety, a nonprofit that advocates against gun violence, the state ranks No. 1 in the country for gun law strength. An analysis led by the organization found that California has the sixth-lowest rate of gun ownership and the eighth-lowest gun death rate.
Many of California’s top lawmakers have argued that the state’s relatively low gun violence statistics emphasize the need for more federal regulations.
“The Second Amendment’s becoming a suicide pact,” Gov. Gavin Newsom (D) told CBS News in an interview.
“We’ll continue to find whatever loopholes we can and continue to lead the national conversation on gun safety reform. And the data bares out. It works. It saves lives,” he continued. “California’s 37% lower than the death rate of the rest of the nation, and yet, with all that evidence, no one on the other side seems to give a damn. I can’t get anything done in Congress.”
Following the Monterey Park shooting, U.S. Sen. Diane Feinstein (D-Ca.), alongside other Democratic colleagues, introduced two gun control bills in the upper chamber. The first would ban assault weapons, while the second aims to raise the minimum age to purchase assault weapons from 18 to 21.
President Joe Biden quickly threw his support behind the measures, urging Congress to pass them.
“The majority of the American people agree with this commonsense action,” he said in a statement Monday. “There can be no greater responsibility than to do all we can to ensure the safety of our children, our communities and our nation.”
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