A report by a committee led by Brown University President Ruth Simmons recommends that the state and the tribe use the incident as inspiration to resolve their differences.

01:00 AM EDT on Wednesday, October 8, 2003

BY MARK ARSENAULT
Journal Staff Writer

PROVIDENCE -- Poor planning and communication on the part of the state and the Narragansett Indians contributed to the televised clash between police and tribal members during a raid three months ago on the tribe's tax-free tobacco shop, a review panel has concluded.

But the larger issues behind the July 14 melee are "seemingly irreconcilable differences" about the rights of the Narragansetts to make money on tribal land "without the approval and revenue participation of the State of Rhode Island," the committee wrote in its report, released last night.

If this impasse over tribal sovereignty and state jurisdiction is not addressed, the panel foresees potential for similar violent clashes.

Governor Carcieri appointed the panel, led by Brown University President Ruth Simmons, to study the state police raid, which the governor had ordered. The tribe resisted state police officers trying to serve a state warrant, and the raid quickly escalated into a fracas in the smoke-shop parking lot on tribal lands in Charlestown.

The panel's report faults Carcieri's office for not researching how other states have dealt with similar disputes.

It criticizes the state police strategy for the raid, and questions the decision to assign such a large force to the action -- roughly 30 officers and a police dog. It also faults the police for perceiving armed tribal police as potentially dangerous, rather than as "trusted law-enforcement" officers who could have helped calm the situation. The panel cited testimony that state police tried to disarm a tribal police officer, which Simmons called "disrespectful."

The panel also criticizes the tribe for "active resistance" to the state police. "If they intended nonviolent resistance, their actions were not in keeping with the recent understandings of civil disobedience," the report states. The report faults tribal leaders for not properly preparing the tribe for the possibility that the state would try to close down the shop, which state leaders have insisted was illegal.

The review panel also praises Carcieri for "commendable leadership" in trying to find alternatives to using force to closing the smoke shop.

Chief Sachem Matthew Thomas said yesterday that the report demonstrates a general lack of understanding of the tribe's status as a sovereign nation. He also questioned how the panel could have praised the governor for ordering a police raid that resulted in several injuries and was so heavily criticized that the governor appointed the review panel to determine how to avoid a repeat.

"If the tribe stormed the State House and knocked some senators down, maybe if we had a dog that bit people, would I be commended?" Thomas said.

THE TRIBE, upset that the Rhode Island General Assembly and the governor refused to support a referendum for an Indian casino, opened the smoke shop in July, selling cigarettes without charging the state's $1.72-per-pack tax.

The state police, acting on a search-and-seizure warrant issued by a state judge, moved in to close down the shop on the governor's orders. They met resistance from the Narragansetts, whose leaders assert that in dealing with a federally recognized tribe, the state had no authority to close the smoke shop. (The issue is now pending in U.S. District Court, Providence, where Judge William Smith has said he hopes to have a decision this fall.)

As TV cameras rolled and reporters watched, the police scuffled with tribal members. Seven adults, including Thomas, and one juvenile were arrested. Carcieri and the state police came under heavy criticism from civil-rights organizations after the incident.

The governor established the review committee on July 25.

Besides Simmons, the review panel included retired state Superior Court Judge Eugene Gallant; Rabbi Leslie Gutterman of Temple Beth-El in Providence; Jacqueline Johnson, executive director of the Washington, D.C.-based National Congress of American Indians; the Rev. Matthew Kai, executive minister of the Ministers Alliance of Rhode Island; and Rear Adm. Barbara McGann, president of the Rhode Island chapter of the American Red Cross.

Simmons, in remarks at a media event last night, said the panelists "fought a lot, debated, disagreed a lot -- vehemently."

In the end, they tried to incorporate differing opinions into their report, she said.

Mr. Kai said last night that he believed "there were better options that could have been used," to settle the smoke-shop dispute. "Go to federal court and get an injunction."

The panel recommends that the state and the tribe use the incident as inspiration to foster better relations. They suggest that Carcieri appoint a liaison to the tribe, and create a State Commission of Tribal-State Relations.

The panel also recommends that the state and the tribe develop an agreement on cigarette taxes, and draft a new compact that governs relations between the tribe and state.

Thomas said, "We don't agree with the product" the panel has produced, although he said he appreciated the effort. The report "ignores" the Narragansetts' status as a federally recognized tribe, Thomas said. "That's the old-school, state viewpoint."

Still, he likes the panel's recommendations that the state and the tribe take steps to improve relations.

"It's time to put the muskets down," he said. But he insisted that state government must "respect who and what we are" and "talk with us, not at us."

Carcieri, in a statement, said he hoped the panel's work "will help the state and the tribe begin to heal the wounds opened by the events of July 14th."

The panel did "a terrific job of determining what happened, why it happened, and the steps we can take to reduce the possibility of this type of incident occurring ever again."

"I accept the committee's findings," Carcieri said, "and plan to quickly begin the process of implementing many of their recommendations in the coming days and weeks."

DIGITAL EXTRA: Browse a continuing report on the smoke-shop raid, featuring Journal coverage in stories and photos, related court and police documents, tribal history, and more:

http://projo.com/extra/2003/smokeshop/