Cortez Journal

Government argues for end to Indian farmers' claim

Dec.19, 2000

Bay Matt Kelley
Associated Press Writer

WASHINGTON — A group of American Indian farmers should not be allowed to sue the Agriculture Department for discrimination because they did not show they filed formal complaints first, a lawyer for the government told a federal judge Monday.

A lawyer for the Indians said all had complained about discrimination, either orally or in writing, to USDA or other government officials. "There’s been a long-standing, racist attitude toward nonwhites" by the USDA, lawyer Alexander Pires said.

U.S. District Judge William Bryant is considering the government’s request to throw out the lawsuit, which seeks up to $19 billion in compensation for Indian farmers who say they were denied loans, given unfair loan terms or faced other racial discrimination in federal farm programs. More than 700 Indian farmers have joined the lawsuit, which seeks to represent about 19,000 of them.

The case is similar to one Pires filed on behalf of black farmers, which led to a settlement last year that has so far resulted in more than $400 million in payments.

Justice Department lawyer Neil Koslowe, representing USDA, told Bryant at a hearing that the law required the Indian farmers to file formal complaints before taking the agency to court. Koslowe and Pires argued heatedly over whether Congress in 1999 meant to allow suits only by those who filed formal complaints or by anyone who complained of discrimination, formally or informally.

The law, passed to let the black farmers’ suit go forward, allows lawsuits by those who have filed discrimination complaints against USDA between 1981 and 1996.

"Filed means they put (USDA) on notice, orally or in writing, or in any other form. It’s not required to be in writing," Pires said.

"That’s not true. Filed means filed. It’s not true, and you know it," Koslowe shot back.

Their argument continued and got so heated that Bryant pounded his fist on the desk and shouted, "Shut up!" Pires later apologized to Koslowe, who did not reciprocate.

Bryant later joked about the tension, telling the lawyers, "Both of you come up here, and I’ll give each of you a stiletto." The judge did not say when he would rule on the government request to throw out the suit.

Tex Hall, chairman of North Dakota’s Three Affiliated Tribes, attended the hearing. He said afterward that many Indian farmers did not file formal complaints because they felt they would not get anywhere.

"With that constant discrimination, it’s like, don’t bother to complain to non-Indians, because non-Indians won’t do anything about it," said Hall.

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