A federal judge has struck down Oklahoma's American Indian Arts and Crafts Sales Act because it goes against the federal
Indian Arts and Crafts Act.
Unlike the federal law, the Oklahoma statute does not recognize art produced by citizens of state recognized tribes as "Indian." That means the restrictive state act violates the U.S. Constitution, Judge Charles B. Goodwin on March 28.
"Because Oklahoma’s American Indian Arts and Crafts Sales Act, as amended, ‘stands as an obstacle to the accomplishment and execution of the full purposes and [congressional] objectives’ of the IACA, the state act is preempted under the Supremacy Clause," Goodwin wrote in the 36-page decision.
Peggy Fontenot, a citizen of the Patawomeck Indian Tribe, filed the lawsuit after
HB2261 became law in 2016.
She has exhibited her photography, jewelry and other works at the popular
Red Earth Native American Cultural Festival in Oklahoma and could have been fined, or even put in jail, under the restrictive state law.
The
Inter-Tribal
Council of the Five Civilized Tribes, which represents the
Cherokee Nation, the
Chickasaw Nation, the
Choctaw Nation, the
Muscogee Nation and the
Seminole Nation, supported the
bill. Cherokee Chief Bill John Baker described it as a means of protecting tribal culture and heritage.
"This issue is important for us because it ensures people who falsely claim tribal citizenship will not be able to market themselves and their crafts as Native,"
Baker wrote in an April 2016 column.
Turtle Talk has posted documents from the case,
Fontenot v. Hunter.
Read More on the Story
Judge rules Oklahoma Native American art law too restrictive
(The Associated Press / The Oklahoman April 1, 2019)
Judge strikes down state law on marketing of American Indian art (The Oklahoman April 1, 2019)
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