Nickname appeal: NCAA used ‘cartel powers’
August 10, 2012 at 2:05 pm in Grand Forks Herald
Now, however, the Spirit Lake Sioux Tribe’s pro-nickname Committee for Understanding and Respect argues in its appeal of that dismissal that the sanctions amount to “palpable coercion” and are evidence of the NCAA’s use of “its cartel powers to eradicate Sioux history, culture and traditions from public memory.” Continue Reading
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Absolutely not, Dakota is the name of the eastern Sioux, you can only say “LETS GO NORTH” and I wish some of them would (FAR NORTH) if the Canadians would allow them.
Hot debate. What do you think?
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If this gambit doesn’t fly for the nickname, maybe he can come to Grand Forks and use the “cartel powers” argument against the gas stations.
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————————————————-
http://www.scribd.com/doc/101641899/Docketed-Brief
United States Court of Appeal
For The Eighth Circuit
Appeal No: 12-2292
Date Filed: 07/23/2012
The Spirit Lake Sioux Tribe of Indians, by and through its
Committee of Understanding and Respect and Archie Fool Bear, individually, and as Representative of the more than
1004 Petitioners of the Standing Rock Sioux Tribe,
Plaintiffs-Appellants,
vs.
The National Collegiate Athletic Association.
Defendant-Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA,
NORTHEASTERN DIVISION
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alwayscorrect said: On August 10, 2012 at 11:31 PM
“Thanks uvikes….lot of big words though…and Latin and stuff…
Any chance you could make it into a 30 second video for youTube?
Or better yet…just tell everyone what it says…much easier that way.”
———————–
Attn: always correct and others
All are big girls and boys by now and able to read and decipher court filings and opinions for themselves. These court filings were quite frequent and the ability to have their voices heard within the legal parameters was extensive with the nickname and logo at UND.
Exhaustion of legal options is now coming to a close and the light at the end of the tunnel for UND is within its reach.
The personal growth and experience on both sides of the spectrum should have given everyone a better sense of purpose and conviction towards anything they do.
Take care everyone.
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I used to think Gene was just a conspiracy theorist with too much time on his hands. I am now beginning to think there is something to his argument.
We went through a two week period with no Fighting Sioux or ACS stories online and the average number of comments on any article was 20-25. Now we have a flurry of ACS and FS stories and the blogosphere is once again alive and well.
I am beginning to agree that both controversies are manufactured by Forum Communications to keep readers returning to the website. Marilyn just isn’t drawing people back like she used too.
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You are likely used to driving around a city the size of Tucson and seeing different prices of gas. Same with the Twin Cities. In the more than 26 years I’ved in Grand Forks, the price has always been the same at every station: Simonson’s, Valley Dairy, Cenex, everyone. That and the fact that when the price of oil goes up, the prices are raised that day, no matter how full their tanks are. When the price comes down the lag time is 4-5 days. One thing they haven’t learned yet is a Mpls/StP trick: raise the price 5 cents on Fridays and bring it back down on Sundays to nail weekend travelers. But that will likely be next.
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I used to try to buy gas in Forks since it’s home, but that was when it was only a nickle difference…….When I came home last week there was a twenty cent difference between Forks and Fargo that was moved to a fifteen cent difference a few days later when I hit the road. I don’t know what’s going on, but at these already too high prices that huge difference within eighty miles is extremely outragous…
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Could not agree more. As an aside I took two of the boys to San Diego last week. $4 a gallon. I absolutely love SD, but it did not take me long to remember why I don’t live there: I am not a millionaire.
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The big problem is they can’t seem to get fuel into the Grand Forks terminal, stations often having to get fuel trucked from Fargo, Alexandria or Minneapolis. i’d like to know why the fuel isn’t rationed at each terminal so fuel gets all the way to Grand Forks.
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So saying “it’s over, it’s over, it’s over!” ….over and over and over….isn’t working? Gee I wonder why that is. Perhaps because the core issue was never settled in UND and SBOHE’s greedy desire to move to D1 sports and ignore the standing that Sioux people should have had in the process?
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Can we please put all further Fighting Sioux news on the obituary page where it belongs?
Some of us are tired of hearing about it and would like to move on.
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Right the fluke on….
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As an aside: we are back where we started. What part of private club does the SL crowd not get? If you don’t like their rules, don’t join. It is as simple as that an always has been. This whole sad episode was over before it ever started.
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Not sure “cartel” is the right word. It implies groups banding together to corner a market. Seems to me the NCAA is more of a monopoly.
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Correct. In this case a legally sanctioned monopoly. What the SL crowd ignores and tries to poo poo every time the issue is brought up is the fact that this issue has been tried before, numerous times, and the NCAA has always won. Case law is on their side.
Unless the SL crowd come up with a new, legally defensible and unique argument, they will continue to be thrown out of court. As far as I can see, nothing has changed:
1. SL has no basis to bring suit (already decided)
2. Even if it is determined on appeal that they can sue, there is the previous cases that have ruled the NCAA is a private organization whose membership requirements are their private affair.
Always and Mato can dance around the issue all they want, but unless they have a way to overturn these two facts, their efforts are expensive wastes of time.
Sometimes people just need to realize they have put up a good fight – and lost. The people of ND no longer support them (they did at one time but they squandered that support) and the case law is against them.
This is one Phoenix that will not be rising from the ashes.
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What you neglect to understand–repeatedly–is that even if the latest suit fails, it will further solidify the fact that those most affected by the decision were not even consulted in it–despite many opportunities to do so.
And thus the controversy will live on! People resent an injustice. People remember an injustice. Saying it’s over won’t make that go away!
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With the nickname debate ancient history (2007), talk of appeals and constitutional amendments is getting a little creepy. Soderstrom’s last case was dismissed. Dismissed, such a polite term. Yeh, and the atom bomb discouraged Japan. I’d like uvikingslost to post that decision again. It was like a verbal firing squad. I know only about 10 of us care about this anymore, but I’d like to read it again.
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Attn: Alvin
As you requested, here is that Order as issued by Judge Erickson:
http://legacy.grandforksherald.com/pdfs/ncaa-lawsuit.pdf
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
Case No. 2:11-cv-95
Filed: May 01, 2012
By: Ralph R. Erickson, Chief Judge
United States District Court
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHEASTERN DIVISION
The Spirit Lake Sioux Tribe of Indians, ….
…Committee of Understanding and Respect,
and Archie Fool Bear, …. Representative of
more than 1004 Petitioners of the Standing Rock
Sioux Tribe,
Plaintiffs
vs.
The National Collegiate Athletic Association,
Defendant.
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Thanks.
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Your university was given three years by the NCAA to gain support from the Spirit Lake and Standing Rock tribes….three years…more than enough time.
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I still can’t believe people can quote one legal incedent from ten years ago over this stupid nickname ordeal. Get a life
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Exactly! My neighbor gave me his old riding lawnmower a couple of years ago. It was a very special moment. I’m thinking of discontinuing its use in November. I hope Soderstrom isn’t my neighbor’s attorney.
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Tom just wanted to make certain that the oldest, most tired and irrelevant argument was made one more time.
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So, David, how about a well thought out, intelligent response as to why you feel my response is irrelevant. Just you saying it does not make it necessarily so. Give me a well thought out response with some logical backing and I might even have a little more respect for your comments other than just a blanket statement.
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How about this. Let’s say I decide to make a final ruling on an issue that dramatically affects you–and decide to go ahead and make that decision with someone else. And ignore you.
The tribes are sovereign entities who have no obligation to work with a college, a state–and certainly not an athletics institution.
One of the tribes has land and members spread across two states–one a rival with the other.
Pretty easy to see how standing rock wouldn’t want to touch it with a ten foot pole the way they were presented with it. Which was a demand for a vote–NOT a request for help in deciding how to proceed or to be involved in developing a process for a final decision.
You can’t think in normal terms when thinking of a band. Consider them more like a seperate country. How do you get another country to the table? You DON’T do it by acting like UND/SBOHE and the NCAA did!
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“How about this. Let’s say I decide to make a final ruling on an issue that dramatically affects you–and decide to go ahead and make that decision with someone else. And ignore you.”
The tribe’s response (all of them) during the last election was underwhelming to say the least. For being “dramatically affected” – a claim whose veracity I doubt – they did not seem concerned enough to make their voices hear.
DO NOT respond with how they were disenfranchised and beaten down and therefore did not show up at the polls because they felt their voice did not matter. That is a coward’s line.
They may very well feel disenfranchised, but if they chose to be ignored, they cannot complain when they are, in fact, ignored.
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Well, technically, many folks from the tribe wanted the nickname gone so are not disenfranchised. Tim R thinks the tribes should have had some say. The law continues to say otherwise. It’s actually pretty simple, well, to everyone but Tim R and Soderstrom.
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I appreciate the ORDERS on what to say FN. Certainly isn’t a stretch to see how you can believe sovereign tribes can be given orders and must comply with them!
It just doesn’t work that way. You continue to show ignorance of their position, situation and how they should be approached.
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