The Oklahoma-based Muscogee (Creek) Nation is once again suing the Alabama-based Poarch Creek Band of Indians and its gaming board as well as the federal government. The Muscogee (Creek) nation claims the Poarch Band unearthed and reburied sacred items and 57 sets of human remains prior to construction of the Poarch Band’s $246 million Wind Creek Casino near Wetumpka, Alabama.
The lawsuit originally began in 2012 while the casino still was under construction but paused during unsuccessful settlement negotiations. The lawsuit is asking for “redress for this greedy, tragic, outrageous and illegal act” and seeks restoration of the site to its condition prior to the casino’s 2013 opening, plus monetary damages.
According to court documents, the Poarch Band desecrated the Hickory Ground burial and ceremonial area, which also was the Muscogee (Creek) Nation’s last capitol before the tribe was forced to move to Oklahoma in the 1830s on the Trail of Tears.
In addition, the court filing claims by moving forward with construction and not consulting the Muscogee (Creek) Nation about handling the remains, the Poarch Band and the federal government violated the Native American Graves Protection and Repatriation Act, National Historic Preservation Act, Religious Freedom Restoration Act and Indian Reorganization Act.
Muscogee (Creek) Nation Principal Chief James Floyd said, “We entrusted the Poarch Band to maintain that ground in perpetuity, because that is what they promised. Not only did they not do that, they desecrated an extremely important cultural, historical and archaeological site, unearthing remains and sacred objects. They’ve shown no remorse.”
Mekko George Thompson, chief of the Hickory Ground Tribal Town, also is seeking monetary damages for intentional infliction of emotional distress caused by the casino project. He stated, “No amount of money is worth betraying our faith and disrespecting our ancestors. That land is sacred ground, and it needs to be returned to its sacred condition. Our ancestors’ remains have been wrenched from their final resting places and removed. We’re not opposed to development, but a burial ground is no place for a casino.”
Poarch Band Tribal Chair Stephanie Bryan responded, “It deeply saddens us, as extended family to the Muscogee Nation, that they have taken this unwarranted action against us. We have attempted to preserve historical remains in a suitable manner. In that effort, we have had numerous conversations with the Muscogee Nation and Hickory Ground Town in an attempt to balance the historical interests with the current use of the property. We wish that as family we could have reached a mutual understanding, and we continue to hope that we can move forward together.”
The lawsuit also names Auburn University as a defendant, claiming university-affiliated archaeologists excavated the site and Auburn continues to hold some items removed from the site.
