\u2018A Protest is Not a Nuisance\u2019<\/strong><\/h2>\nIn a motion to dismiss the counterclaims, lawyers for NDN argued that the group could not be trespassing at the hotel because it was a public place. The hotel\u2019s claim that members of NDN cannot legally enter its property is further proof that it discriminates against Native Americans, they argue.<\/p>\n
Meanwhile, they say the Uhres\u2019 nuisance claim fails because \u201ca protest is not a nuisance, nor does the Counterclaim adequately plead any legal duty or underlying unlawful act.\u201d<\/strong><\/p>\n\u201c[The Uhres] are not victims here,\u201d argued NDN\u2019s lawyers. \u201cThey may not like that NDN is holding them accountable for their discrimination, but that disagreement does not transform legitimate First Amendment protest into actionable torts.\u201d<\/p>\n
Eviction Notice <\/strong><\/h2>\nNews of the ban caused local Sioux tribal leaders to issue the Grand Gateway with an eviction notice.<\/p>\n
Rapid City isn\u2019t part of any of the tribes\u2019 reservations. Still, they argued the hotel\u2019s policy violated an 1868 treaty between the Sioux and the US government, which they believe is still valid.<\/strong><\/p>\nThe treaty states:<\/p>\n
\u00a0\u2026no white person or persons shall be permitted to settle upon or occupy any portion of the [land north of the North Platte River or east of the summits of the Big Horn Mountains]; or without the consent of the Indians first had and obtained, to pass through the same.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"An Indigenous activist group has asked a federal judge in South Dakota to dismiss a hotel casino\u2019s claims of trespass, nuisance, defamation, and civil conspiracy. The group, the NDN Collective, sued the Grand Gateway Hotel in Rapid City and its owners, Connie and Nicholas Uhre, in March after they appeared to ban Native Americans from […]<\/p>\n","protected":false},"author":36,"featured_media":235381,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[21,60],"tags":[83047,82103,83046,81713],"acf":[],"yoast_head":"\n
Native Group Wants Judge to Toss Hotel Casino\u2019s Claims in Racism Case<\/title>\n\n\n\n\n\n\n\n\n\n\n\n\n\t\n\t\n\t\n\n\n\n\n\n\t\n\t\n\t\n