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!
***************************************
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
|
