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Judgment Daze -Dismissal of land rights suit would be
unjustified by court
Syracuse Post Standard
Friday, August 18, 2006
Letter to the Editor:
New York state is unjustified in moving to dismiss the Onondaga Nation's
land rights action ("State seeks dismissal of suit by Onondagas," Aug.
16). The Onondaga Nation is asking the court to declare the taking of their
peoples' land illegal and wrong.
The state claims in its motion that "laches" applies.
Laches is a fairness defense. In using it, the state claims that the Onondaga
Nation has waited too long to bring its action to court and that the
state is disadvantaged by the amount of time that has passed.
How could the Onondagas have taken this to court before now? While they
strenuously protested the taking of the land from the first opportunity,
they were refused hearing in our courts until 1974.
And how is New York disadvantaged by the timing? It has benefited greatly
through the commerce and industry that has developed in New York state
in the many years since the taking of the land.
The Onondaga Nation is, and has been, a good neighbor to New York. The
Nation stands up for environmental restoration. They share the teachings
and values of their traditions with the people of New York, opening our
eyes to another way of thinking - one not focused on economics or retribution,
but instead on healing and stewardship.
It is our responsibility as individuals, and as a state, to recognize
our history. New York state is built on land that was wrongly taken from
a people who have lived here since time immemorial. Until this truth
is recognized in our society and by our courts, the healing between the
peoples and the land cannot begin.
We call on New Yorkers to stand up and speak out in support of the Onondaga
people. All people deserve justice, regardless of race or ethnicity,
and Native Americans are still here. Our shared history needs to be recognized.
If New York state's motion prevails, it will further delay the justice
to which the Onondagas are fully entitled.
Candace Wadsworth
On behalf of Neighbors of the Onondaga Nation (NOON)
Lafayette
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