Linda Hobart <[log in to unmask]> wrote:
>With all the debate on unions the past few days, and what people can and
>can't accomplish if they pull together...  I found this story to be very
>inspiring!  It just shows you what the minority can do when they "stick
>together" and fight for what they believe in!


fyi: Crazy Horse Malt Liquor bottles are labeled here in Chattanooga TN.
but they shouldn't be.
see http://www.chattanooga.net/cita/chml.html for pics.

;>


>Crazy Horse family wins brewery's apology
>----------------------------------------------------------------
> By LEE WILLIAMS  Argus Leader
>
>
>Sioux Falls SD -- The estate of Tasunke Witko -- the 19th century Oglala
>leader known as Crazy Horse -- has settled part of a lawsuit against one of
>two breweries that produced The Original Crazy Horse Malt Liquor.
>
>As part of the settlement, John W. Stroh III, chairman of SBC Holdings,
>will make a public apology and peace offering today at Sinte Gleska
>University on the Rosebud Sioux Reservation.
>
>"This is a victory for all Native Americans," said Seth Big Crow, a
>62-year-old descendant of Crazy Horse and administrator of the estate.
>
>On June 25, 1876, Crazy Horse and his warriors spearheaded the defeat of
>Lt. Col. George A. Custer's 7th Calvary at the Battle of the Little Big
>Horn.
>
>This and other battles made him one of the best-known figures from the
>conflicts between Indians and white settlers on the Northern Plains.
>
>Modern marketers have latched onto the recognizable name. Descendants have
>linked the name to more than 100 products or businesses, including the
>women's clothing designer Liz Claiborne Inc., which has a Crazy Horse line.
>
>Using the name on beer bottles was particularly disturbing to many Lakota
>people. During today's ceremony, Stroh will offer the following items:
>
>        32 Pendleton blankets.
>        32 braids of sweet grass.
>        32 tobacco twists.
>        Seven thoroughbred race horses.
>
>Big Crow said the lawsuit isn't about money. It's about keeping the name of
>his revered relative off of a 40-ounce bottle of malt liquor, he said.
>
>"I would have been willing to die to prevent that," Big Crow said. "I
>wanted it stopped, and I wanted an apology. This is a big coup."
>
>But the eight-year legal fight is only half over, he said. The lawsuit
>continues against New York-based Hornell Brewing Co., which still produces
>the product.
>
>Hornell had a contract with the G. Heileman Brewing Co. to make the
>product, beginning in 1992.
>
>Crazy Horse's descendants filed their lawsuit the next year in tribal
>court. The case eventually was moved to federal court.
>
>The Stroh Brewery Co., now SBC, acquired Heileman in 1996 and sought to
>settle the lawsuit.
>
>Elsie Meeks, U.S. commissioner for civil rights from Kyle, said the issues
>are similar to those involving the use of Indian names and likenesses as
>sports team mascots. But this was more offensive, she said.
>
>"Crazy Horse on malt liquor bottles was one of the worst offenses by
>anyone's standard," Meeks said. "On liquor bottles, it's just not
>defensible."
>
>As a member of the Oglala Lakota Tribe, she's pleased with the settlement.
>
>"It's traditional and speaks to the issue that this isn't about money," she
>said. "It's about how you compensate for spiritual harm."
>
>Big Crow said the use of his relative's name on liquor bottles was
>particularly objectionable, given that Crazy Horse denounced the
>introduction of alcohol to Indian people and never allowed his image to be
>photographed or depicted in any form.
>
>Sweet grass and tobacco are two of the four holy items revered by Lakota
>people, Big Crow said. The others are sage and cedar.
>
>He asked for 32 of each because the malt liquor was distributed in 32 states.
>
>But Big Crow is only receiving seven horses. "That's because Stroh's is out
>of business and not doing well," he said.
>
>He plans to give away many of the awards to those who have supported him
>during the eight-year legal battle.
>
>The Prairie Island and Shakopee bands in Minnesota each will receive one of
>the race horses, Big Crow said.
>
>Greg Dresser, the San Francisco-based lawyer who negotiated the settlement
>for the estate, said the lawsuit against Hornell Brewery is proceeding. The
>brewery continues to make and market the product, he said.
>
>"They're the big offender," Dresser said. "They're using the name without
>permission, after the family expressed to them it was unacceptable.
>
>"We've asked them to voluntarily stop marketing the product. Whether we'll
>be able to settle is up to them. However, the non-negotiable part of the
>settlement is that they stop using this name on the product."
>
>The estate has asked for an injunction to stop Hornell from using the name
>or likeness of Crazy Horse to sell any product. They want a judge to order
>the malt liquor products or containers to be collected and destroyed. The
>lawsuit also seeks damages that would be three times the amount the company
>has made from using Crazy Horse's name on its product, plus additional
>damages to compensate the family for emotional distress. No trial date is
>set.
>
>Sioux Falls lawyer Michael Schaffer, who represents the brewery, declined
>to comment. "I don't think it's appropriate to comment on pending
>litigation," he said.
>
>Brewery owners John Ferolito and Dominic Vultaggio Ferolito could not be
>reached.
>
>For Dresser, who usually specializes in commercial litigation, the case is
>atypical.
>
>"I'm used to monetary settlements without a planned event," he said. "This
>is the first time I've ever had a settlement where horses were exchanged."
>
>Reach reporter Lee Williams at [log in to unmask] or 331-2318
>
>
>Linda Hobart, Administrative Secretary
>Dept. of Sociology, Anthropology, & Geography
>[log in to unmask]
>Phone: 423-755-4411
>Fax: 423-785-2251