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Casino Built on Excavated Burial Site Causes Tribal Dispute

  • The Muscogee tribe is appealing the construction of a casino over a historic burial ground
  • The Wind Creek Casino was built after the Poarch tribe excavated Muscogee remains from the site
  • The Poarch insist that the site has been respected and that all remains have been returned
Wetumpka on a map
The Muskogee and Poarch Creek tribes are in a legal dispute over the location of the Wind Creek Casino Wetumpka. [Image: Shutterstock.com]

Tribal dispute

“They dug up my ancestors, put them in boxes, and built a casino directly on top of my family’s burial ground,” said Muscogee chief George Thompson, who is at the center of a bitter dispute between two tribal communities in Alabama.

Hickory Ground, known as Oce Vpofv in the Muscogee language, was the last tribal capital of the Muscogee Creek before they were forcibly relocated to the Indian Territory in the 1830s.

long-running dispute between the two nations

Today, however, the Wind Creek Casino and Hotel stands on its site, owned by the Poarch Creek, a separate tribal nation from the Muscogee with shared ancestry. The land was granted to the Poarch in 1980, and the resulting excavations and construction on the land have created a long-running dispute between the two nations.

Now, arguments will be heard in the 11th US Circuit Court of Appeals in Atlanta on Wednesday as the Muscogee Nation appeals the dismissal of a lawsuit contesting the construction of the casino.

Burial ground excavated

The Muscogee case states that the Poarch do not have historic ties to the land, and that the site was illegally excavated to construct the casino.

A burial ground on the site was excavated to carry out the plans, which has sparked the most controversy among the two communities. After the two failed to come to an agreement, the remains were reinterred in 2012, but the Muscogee have suggested that not all have been returned, and that some may still be kept in boxes.

The Porch deny the claims, insisting that all remains were returned. They also state that they have historic ties to the land and that the works have helped to preserve much of the remaining site.

Stephanie A. Bryan, tribal chair and CEO of the Poarch, said: “We couldn’t control what had already been done with the land, but we did preserve the sacred grounds and 17 acres around it.”

“I’m very passionate about Creek history and the sacrifices that our ancestors made to be where we are today, and for another tribe to attack a tribe’s sovereignty is not the way we can grow together in Indian Country. It saddens me.”

Bitter feelings

Authorities have not acted on the case so far, as the Native American Graves Protection and Repatriation Act says that the law does not address the specific circumstances of one tribe excavating the graves of another.

passed a resolution withdrawing its support for federal recognition of the Poarch

As a result, the dispute has caused significant resentment towards the Poarch among tribal groups in Oklahoma. The Muscogee Nation has since passed a resolution withdrawing its support for federal recognition of the Poarch.

“They knew then what they wanted,” said Jeff Fife, chief of staff for Principal Chief of the Muscogee Nation, and a Tvstvnvke, or warrior. “They didn’t want our language. They didn’t want our culture or tradition. They wanted money.”

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