- Details
- By Darren Thompson
Dorsey & Whitney, LLP filed a lawsuit on Feb. 6 on behalf of the NACNA chapter, Lac du Flambeau-based Mashkiki Boodawaaning, Inc., in the Western District Court of Wisconsin against the Chippewa Valley Agency, Ltd. The complaint was amended on Tuesday, Mar. 21.
In the lawsuit, Mashkiki Boodawaaning alleges that the financial institution discriminated against it based solely on the use of peyote. The American Indian Religious Freedom Act’s Amendment in 1994 and Wisconsin’s Uniform Controlled Substances Act permits the use, transportation and ingestion of peyote for ceremonies by enrolled citizens of federally recognized tribes and members of NACNA.
The lawsuit alleges that the Mashkiki Boodawaaning — or Medicine Fireplace in the Ojibwe language — attempted to open a commercial bank account on Mar. 30, 2022 at a chapter of Chippewa Valley Bank located on the Lac du Flambeau reservation.
The organization was denied opening a commercial bank account based solely on the use of peyote when Mashkiki Boodawaaning representative Charles Carufel (Lac du Flambeau Band of Lake Superior Chippewa Indians) applied for a commercial bank account and was denied.
The filing states, “Shortly after the initial denial, Jessica Wiles, a supervisor in the Chippewa Valley Bank Bruce, Wisconsin branch, called Mr. Carufel. Ms. Wiles reiterated that the denial of Medicine Fireplace’s application was due to the organization’s peyote use.”
“We’re suing to open a bank account and feel that the denial to open an account is racial and religious discrimination,” Forrest Tahdooahnippah, counsel for Mashkiki Boodawaaning, told Native News Online. “We hope they open an account for us, and their response shows they are misinformed on the legal status of peyote.”
Mashkiki Boodawaaning was founded in 2020 to preserve and nurture important religious and cultural ceremonies. Its membership is comprised exclusively of enrolled citizens of federally recognized tribes.
“A financial institution is discriminating against their own by being ignorant about the medicine peyote,” said Charles Carufel in an interview with Native News Online. “We want our young people to come to have a spiritual foundation through the medicine.”
The bank’s manager declined to provide a comment to Native News Online because the matter was currently in federal court.
The bank’s attorneys, Christopher K. Schuele and Robert S. Driscoll have asked the Western District of Wisconsin to dismiss the case. They say Mashkiki Boodawaaning’s complaint contains no factual allegations that the bank discriminated against the organization solely on its Native American identity or religious affiliation.
They wrote in a Feb. 28 brief that “the allegations in the Complaint support only one conclusion—that the bank knew Medicine Fireplace was affiliated with the Native American Church of North America and denied Medicine Fireplace’s application because of Medicine Fireplace’s use of peyote and certain risks and oversight requirements associated with it opening a business checking account. On its face, that reason is unrelated to race.”
They also wrote that opening a bank account puts the bank at risk and compliance obligations as required by federal law.
More Stories Like This
Native News Weekly (August 25, 2024): D.C. BriefsUS Presidents in Their Own Words Concerning American Indians
Native News Weekly (August 4, 2024): D.C. Briefs
Cheyenne River Youth Project Offers a Busy Summer with Clubs, Parties, Internships and More
NTU Men’s Skyhawks Host Competitive Basketball Tryouts
Help us tell the stories that could save Native languages and food traditions
At a critical moment for Indian Country, Native News Online is embarking on our most ambitious reporting project yet: "Cultivating Culture," a three-year investigation into two forces shaping Native community survival—food sovereignty and language revitalization.
The devastating impact of COVID-19 accelerated the loss of Native elders and with them, irreplaceable cultural knowledge. Yet across tribal communities, innovative leaders are fighting back, reclaiming traditional food systems and breathing new life into Native languages. These aren't just cultural preservation efforts—they're powerful pathways to community health, healing, and resilience.
Our dedicated reporting team will spend three years documenting these stories through on-the-ground reporting in 18 tribal communities, producing over 200 in-depth stories, 18 podcast episodes, and multimedia content that amplifies Indigenous voices. We'll show policymakers, funders, and allies how cultural restoration directly impacts physical and mental wellness while celebrating successful models of sovereignty and self-determination.
This isn't corporate media parachuting into Indian Country for a quick story. This is sustained, relationship-based journalism by Native reporters who understand these communities. It's "Warrior Journalism"—fearless reporting that serves the 5.5 million readers who depend on us for news that mainstream media often ignores.
We need your help right now. While we've secured partial funding, we're still $450,000 short of our three-year budget. Our immediate goal is $25,000 this month to keep this critical work moving forward—funding reporter salaries, travel to remote communities, photography, and the deep reporting these stories deserve.
Every dollar directly supports Indigenous journalists telling Indigenous stories. Whether it's $5 or $50, your contribution ensures these vital narratives of resilience, innovation, and hope don't disappear into silence.
The stakes couldn't be higher. Native languages are being lost at an alarming rate. Food insecurity plagues many tribal communities. But solutions are emerging, and these stories need to be told.
Support independent Native journalism. Fund the stories that matter.
Levi Rickert (Potawatomi), Editor & Publisher