PIERRE, S.D. (KELO.com) — In the wake of the Coronavirus pandemic South Dakota towns and cities have started to relax restrictions on businesses and residents in the last week. But not all places in the state have followed suit, some indigenous populations still find themselves in self-sustained quarantine.
Natives Americans who reside amongst the Oglala Sioux and Cheyenne River Tribes are only allowed essential travel to and fro. Even setting up checkpoints on highways and roads, screening those entering and leaving. Friday, Governor Kristi Noem asked that the tribes remove the checkpoints so as not to impede public traffic on highways and roads, not on tribal lands. Noem gave the tribes 48 hours to remove the screening checkpoints or legal action would be taken. In a press release Sunday, the office of the governor set out to clear up any perceived misconceptions about her course of action.
FULL PRESS RELEASE BELOW:
Friday’s announcement about tribal checkpoints comes after many hours of communication behind the scenes (from the Governor, Secretary Flute, the Attorney General’s office, federal officials at the Departments of the Interior and Justice, and several members of our team) as well as a month after the Department of the Interior memorandum. Despite claims to the contrary, it is not accurate to claim consultation has taken place – and certainly no agreement has been reached. The memorandum makes it perfectly clear it is unlawful to interrupt the flow of traffic on these roads.
What is also perfectly clear is our role as it relates to state and U.S. highways. Tribes are well within their rights to manage the flow of traffic on tribal roads, and the state has no objection to that. The key here is that tribes are letting tribal members come and go as they please – the same is not true for non-tribal members.
For the safety of all South Dakotans, the state needs:
- Unobstructed access to state and U.S. highways for thru-traffic;
- Access to property for property owners or lessors;
- Access for state personnel and contractors for ordinary functions such as road maintenance; and
- Access for essential deliveries such as food suppliers.
As the Governor noted on Friday, our goal is to work with the tribes – and all South Dakotans – to help slow down the spread of COVID-19. The Governor in partnership with the Department of Health team and the world-class doctors at Avera, Monument, and Sanford have been tirelessly working on the state’s COVID-19 response for months now. Fortunately, we continue to be encouraged by the situation on the ground in South Dakota. But our fight against this virus is far from over. We need to continue to work together – we’re at our strongest when we’re united.
Albeit imperfect, an analogy: Governor Noem is managing the COVID-19 situation very differently than Minnesota Governor Tim Walz. With the large number of cases in Minnesota, if the state of South Dakota decided to block traffic across I-90, to restrict Minnesotans from coming into South Dakota, the state of Minnesota would likely have a case against us because they also have an interest in the uninterrupted flow of traffic on that highway.
Lastly, this court case has been brought up by some. What we are talking about here is different. We are not talking about civil or criminal jurisdiction on the reservations. We are talking about the ability of the tribes to interrupt the flow of non-tribal traffic on state and U.S. highways.
The safety of all South Dakotans is paramount – that encompasses the public health as well as the public safety side of things. The checkpoints on state and U.S. highways are not legal, and if they don’t come down, the state will take the matter to Federal court, as Governor Noem noted in her Friday letter.
The Oglala and Cheyenne Sioux River Tribe stated their concern about their health systems being overwhelmed by the virus, and have since rebuffed Noem’s orders. The governor is now pushing toward legal action to be taken.
(Maggie Seidel Senior Advisor & Policy Director contributed to this report.)
