August 6, 2024
Last week, the Oglala Sioux Tribe asked the South Dakota 7th Judicial Circuit Court for Oglala Lakota County to enforce state public record laws. In Oglala Sioux Tribe v. City of Martin, the state court is reviewing a South Dakota Office of Hearing Examiner decision that failed to respect the Tribe’s sovereign immunity in a public records request dispute.
“Tribal sovereign immunity is based in the inherent sovereignty of tribal governments. Tribes cannot be forced to waive their own immunity. NARF stands by the Oglala Sioux Tribe in its commitment to protect its tribal sovereign immunity with this appeal,” said Native American Rights Fund (NARF) Staff Attorney Samantha Blencke.
The Tribal Nation filed the lawsuit after the City of Martin, South Dakota, attempted to force a tribal government employee to pre-pay an unspecified amount of the city’s fees to receive copies of public records in 2023. The City of Martin issued a letter demanding the Tribe pay an unknown amount of fees or waive its sovereign tribal immunity to receive public records.
While the Examiners’ decision found the Tribe’s public records request to be reasonable and required the city to calculate costs according to a set fee schedule, the Tribe is appealing because the decision still allowed the City of Martin to demand that, unlike other record requestors, the Tribe must either pre-pay estimated costs or waive tribal sovereign immunity. Such a requirement is contrary to the South Dakota public records law and federal precedent.
“No municipality should be allowed to ignore public record laws or treat Tribal Nations so inequitably,” said NARF Staff Attorney Morgan Saunders.
NARF, Public Counsel, and the Law Office of Stephanie Amiotte represent the Oglala Sioux Tribe in the appeal. Subscribe to the NARF Enews or follow NARF social media channels to track what the court decides.
