Prairie Band Potawatomi Nation sues Jackson Co. Sheriff
MAYETTA (KSNT) - The Prairie Band Potawatomi Nation has filed a lawsuit against the Jackson County Sheriff's Office, claiming the law enforcement agency prevented it from exercising its civil-regulatory authority over a business operating on its reservation land.
According to a release from SG Strategies, a communication firm representing Prairie Band Potawatomi Nation, this comes after Jackson County Sheriff Tim Morse threatened to arrest tribal officials for criminal trespass.
A spokeswoman for Prairie Band Potawatomi Nation said the lawsuit stems from an incident on May 28, 2024, involving Snak Atak Travel Plaza, a business located on land within the reservation. According to court documents, in early 2024 Snak Atak consented to the Nation's civil-regulatory jurisdiction, agreeing to pay tobacco and sales tax and provide certain sales and inventory reports to the Nation's tax commission.
Tax commission officials with Prairie Band Potawatomi Nation visited Snak Atak on May 28 to inspect the business' records and inventory. According to the lawsuit, Snak Atak employees refused to allow the officials access to records or inventory.
The officials returned later in the day with tribal police to serve a cease and desist order, eject employees and chain the doors closed to prevent the business from operating. While officials were serving the order, court documents state multiple Jackson County Sheriff's Office deputies arrived on scene.
Prairie Band Potawatomi Nation Police Chief Terry Clark called Sheriff Morse and explained the store was not in compliance with the Nation's civil laws, to which it had previously consented. Court documents report Sheriff Morse told Chief Clark that Snak Atak employees had reported officials were harassing them. The sheriff said if employees had asked the Nation's officials to leave, and they did not leave, deputies would arrest them for criminal trespass.
Prairie Band Potawatomi Nation stated it has inherent civil-regulatory jurisdiction over sales of tobacco, alcohol, motor fuel and other goods within the reservation because such sales “threaten or have some direct effect on the political integrity, the economic security, or the health or welfare of the tribe."
In a written statement, Prairie Band Potawatomi Nation Chairman Joseph “Zeke” Rupnick accused the Jackson County Sheriff of violating the Nation's sovereignty and the rule of law that protects it.
“Under no circumstances does the Jackson County Sheriff have the authority to interfere with Prairie Band Potawatomi Nation’s regulatory authority on its own sovereign land," Rupnick said. "The Prairie Band Potawatomi Nation will not cede its sovereignty – nor the jurisdiction of our Tribal law enforcement – to the Jackson County Sheriff’s Department. The law is clear that the Prairie Band has civil-regulatory jurisdiction within its reservation and the Sheriff has none."
KSNT 27 News reached out to the Jackson County Sheriff for a comment and is awaiting a response.
In late June, the Prairie Band Potawatomi Nation's tax commission filed suit against Snak Atak seeking an order excluding the business from the reservation and an injunction prohibiting it from conducting business on the reservation.
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