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Tribe in South Dakota Seeks Court Ruling Over Standoff on Blocking Virus Tribe in South Dakota Seeks Court Ruling Over Standoff on Blocking Virus
(about 11 hours later)
WASHINGTON — Plagued with an inadequate health care system and fearful of what could happen if the coronavirus spread across its tribal lands in South Dakota, the Cheyenne River Sioux Tribe took emergency steps 12 weeks ago, setting up checkpoints along roads into its reservation to question travelers about their health and their travel plans.WASHINGTON — Plagued with an inadequate health care system and fearful of what could happen if the coronavirus spread across its tribal lands in South Dakota, the Cheyenne River Sioux Tribe took emergency steps 12 weeks ago, setting up checkpoints along roads into its reservation to question travelers about their health and their travel plans.
Gov. Kristi Noem, a Republican, objected, saying the checkpoints amounted to an unlawful infringement on state and federal power and threatening legal action against the tribe if they were not removed. When the tribe would not back down, crediting the checkpoints with keeping cases to half a dozen, she appealed for help from President Trump and the White House, as well as the state’s congressional delegation.Gov. Kristi Noem, a Republican, objected, saying the checkpoints amounted to an unlawful infringement on state and federal power and threatening legal action against the tribe if they were not removed. When the tribe would not back down, crediting the checkpoints with keeping cases to half a dozen, she appealed for help from President Trump and the White House, as well as the state’s congressional delegation.
But once Mark Meadows, the White House chief of staff, tried to broker a solution, tribal officials interpreted it as an implicit threat to jeopardize their portion of coronavirus relief aid. Tensions were further inflamed when top Interior Department officials in charge of tribal affairs began threatening to withhold federal funding for the tribe’s police force, the tribe said, a step tribal leaders took as a challenge to their sovereignty on their land.But once Mark Meadows, the White House chief of staff, tried to broker a solution, tribal officials interpreted it as an implicit threat to jeopardize their portion of coronavirus relief aid. Tensions were further inflamed when top Interior Department officials in charge of tribal affairs began threatening to withhold federal funding for the tribe’s police force, the tribe said, a step tribal leaders took as a challenge to their sovereignty on their land.
Now the standoff is moving to the courts. On Tuesday, the tribe filed suit in Federal District Court in Washington asking a judge to prevent the administration and state officials from closing the checkpoints and withdrawing funding from the tribe.Now the standoff is moving to the courts. On Tuesday, the tribe filed suit in Federal District Court in Washington asking a judge to prevent the administration and state officials from closing the checkpoints and withdrawing funding from the tribe.
It is the latest effort by tribal governments to draw attention to the deep-rooted problems in their relationship with the federal government, including underfunded assistance programs and longstanding issues with the availability and quality of care provided by the Indian Health Service. The facility that serves the Cheyenne River Sioux Tribe, according to the lawsuit, has only eight inpatient beds and six ventilators for the tribe’s 10,000 residential members.It is the latest effort by tribal governments to draw attention to the deep-rooted problems in their relationship with the federal government, including underfunded assistance programs and longstanding issues with the availability and quality of care provided by the Indian Health Service. The facility that serves the Cheyenne River Sioux Tribe, according to the lawsuit, has only eight inpatient beds and six ventilators for the tribe’s 10,000 residential members.
The pandemic, which has devastated tribes across the country, has only aggravated the systemic disparities, prompting a series of legal challenges over how the federal government has administered aid and assistance.The pandemic, which has devastated tribes across the country, has only aggravated the systemic disparities, prompting a series of legal challenges over how the federal government has administered aid and assistance.
In seeking to end the tribe’s use of checkpoints, the administration is “forcing us to accept contagion into our community when we have exercised our sovereignty in a way that benefits our community,” said Nikki Ducheneaux, a member of the Cheyenne River Sioux tribe and one of the lawyers representing the tribe in the court case.In seeking to end the tribe’s use of checkpoints, the administration is “forcing us to accept contagion into our community when we have exercised our sovereignty in a way that benefits our community,” said Nikki Ducheneaux, a member of the Cheyenne River Sioux tribe and one of the lawyers representing the tribe in the court case.
The Interior Department and Ms. Noem did not respond to requests for comment. Ms. Noem did not respond to a request for comment.
A spokesman for the White House, Judd Deere, said the administration had provided “unprecedented support to the American Indian community,” including $8 billion to address preparedness, response and recovery through the $2.2 trillion stimulus law. “The Trump administration has also delivered 250 Abbott testing systems to the Indian Health Services and tribal health care facilities for distribution,” he said in a statement.A spokesman for the White House, Judd Deere, said the administration had provided “unprecedented support to the American Indian community,” including $8 billion to address preparedness, response and recovery through the $2.2 trillion stimulus law. “The Trump administration has also delivered 250 Abbott testing systems to the Indian Health Services and tribal health care facilities for distribution,” he said in a statement.
The tribe, in one of the poorest counties in the country, first established the health checkpoints in early April, hoping to avoid the skyrocketing number of coronavirus cases that have afflicted other tribes. The infection and death rates among some tribes, including the Navajo Nation, are among the highest in the country, and Native Americans account for 13 percent of cases in South Dakota, according to data from the state’s health department.The tribe, in one of the poorest counties in the country, first established the health checkpoints in early April, hoping to avoid the skyrocketing number of coronavirus cases that have afflicted other tribes. The infection and death rates among some tribes, including the Navajo Nation, are among the highest in the country, and Native Americans account for 13 percent of cases in South Dakota, according to data from the state’s health department.
The checkpoints include a questionnaire about where travelers were coming from and their destination. The tribe then uses the state health department’s website, which tracks community spread and hot spots, to determine whether to allow entry onto the reservation. Only six people have tested positive for the virus, and tribal officials credit the checkpoints for helping them track cases and any spread, said Remi Bald Eagle, the intergovernmental affairs coordinator for the Cheyenne River Sioux Tribe.The checkpoints include a questionnaire about where travelers were coming from and their destination. The tribe then uses the state health department’s website, which tracks community spread and hot spots, to determine whether to allow entry onto the reservation. Only six people have tested positive for the virus, and tribal officials credit the checkpoints for helping them track cases and any spread, said Remi Bald Eagle, the intergovernmental affairs coordinator for the Cheyenne River Sioux Tribe.
Mr. Bald Eagle said the health checkpoints had been crucial to minimizing the number of positive cases on the reservation, particularly given the lack of a statewide stay-at-home order. Last month, with the support of tribal leaders, the state of New Mexico blocked roads leading into the city of Gallup, on the edge of the Navajo Nation, in an effort to restrict the spread of the virus.Mr. Bald Eagle said the health checkpoints had been crucial to minimizing the number of positive cases on the reservation, particularly given the lack of a statewide stay-at-home order. Last month, with the support of tribal leaders, the state of New Mexico blocked roads leading into the city of Gallup, on the edge of the Navajo Nation, in an effort to restrict the spread of the virus.
“We will not apologize for being an island of safety in a sea of uncertainty and death,” the tribe wrote in its lawsuit, which names Mr. Trump, Mr. Meadows, and other top White House and Interior Department officials.“We will not apologize for being an island of safety in a sea of uncertainty and death,” the tribe wrote in its lawsuit, which names Mr. Trump, Mr. Meadows, and other top White House and Interior Department officials.
Ms. Noem called in May for all tribes in South Dakota to end the checkpoints and “cease interfering with or regulating traffic,” threatening legal action if they were not removed and citing instances where nontribal residents struggled to pass through the reservation on state and federal highways.Ms. Noem called in May for all tribes in South Dakota to end the checkpoints and “cease interfering with or regulating traffic,” threatening legal action if they were not removed and citing instances where nontribal residents struggled to pass through the reservation on state and federal highways.
Updated June 24, 2020Updated June 24, 2020
Scientists around the country have tried to identify everyday materials that do a good job of filtering microscopic particles. In recent tests, HEPA furnace filters scored high, as did vacuum cleaner bags, fabric similar to flannel pajamas and those of 600-count pillowcases. Other materials tested included layered coffee filters and scarves and bandannas. These scored lower, but still captured a small percentage of particles.Scientists around the country have tried to identify everyday materials that do a good job of filtering microscopic particles. In recent tests, HEPA furnace filters scored high, as did vacuum cleaner bags, fabric similar to flannel pajamas and those of 600-count pillowcases. Other materials tested included layered coffee filters and scarves and bandannas. These scored lower, but still captured a small percentage of particles.
A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico.A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico.
The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth.The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth.
The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave.The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave.
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
The tribe contends that its sovereignty allows them to keep the checkpoints running and to operate them on the state and federal highways, one of its main points of dispute with Ms. Noem.The tribe contends that its sovereignty allows them to keep the checkpoints running and to operate them on the state and federal highways, one of its main points of dispute with Ms. Noem.
“This, however, is not simply a matter between a sovereign state and a sovereign tribal government,” Ms. Noem wrote in a letter to Mr. Trump. “The federal government has an interest in interstate commerce, transportation of critical infrastructure goods, provision of services from critical infrastructure industries and the uniform treatment of all travelers.”“This, however, is not simply a matter between a sovereign state and a sovereign tribal government,” Ms. Noem wrote in a letter to Mr. Trump. “The federal government has an interest in interstate commerce, transportation of critical infrastructure goods, provision of services from critical infrastructure industries and the uniform treatment of all travelers.”
Mr. Meadows, who represented some tribal governments while serving as a member of Congress from North Carolina, personally reached out in June to the tribe’s chairman, Harold Frazier, according to the lawsuit and phone transcripts obtained by The New York Times. He implored the chairman to reach a solution with state officials. “I can’t have checkpoints by individuals on federal highways,” he said, according to the transcript, before raising the $8 billion pot set aside for tribes in the stimulus law.Mr. Meadows, who represented some tribal governments while serving as a member of Congress from North Carolina, personally reached out in June to the tribe’s chairman, Harold Frazier, according to the lawsuit and phone transcripts obtained by The New York Times. He implored the chairman to reach a solution with state officials. “I can’t have checkpoints by individuals on federal highways,” he said, according to the transcript, before raising the $8 billion pot set aside for tribes in the stimulus law.
“I also need you to use that money so that it doesn’t create a problem for me on other issues because we still have another 40 percent of the money to go out,” Mr. Meadows said, phrasing that the tribe said in the lawsuit amounted to “threatening the security” of the federal aid. (Ms. Ducheneaux said that the tribe received a portion of the aid, but that the Treasury Department could audit the expenditure of those funds.)“I also need you to use that money so that it doesn’t create a problem for me on other issues because we still have another 40 percent of the money to go out,” Mr. Meadows said, phrasing that the tribe said in the lawsuit amounted to “threatening the security” of the federal aid. (Ms. Ducheneaux said that the tribe received a portion of the aid, but that the Treasury Department could audit the expenditure of those funds.)
In ensuing calls, Mr. Frazier, the head of the tribal government, spoke with a number of federal officials including Dr. Deborah L. Birx, the coronavirus response coordinator, who suggested providing more testing to the tribe as a way to reduce the need for the checkpoints.In ensuing calls, Mr. Frazier, the head of the tribal government, spoke with a number of federal officials including Dr. Deborah L. Birx, the coronavirus response coordinator, who suggested providing more testing to the tribe as a way to reduce the need for the checkpoints.
The impasse, the tribe said in the suit, further escalated when administration officials inspected the checkpoints and raised concerns about the officials conducting the inspections, saying they were violating the law that allows the tribe to use federal aid to hire its own law enforcement officials.The impasse, the tribe said in the suit, further escalated when administration officials inspected the checkpoints and raised concerns about the officials conducting the inspections, saying they were violating the law that allows the tribe to use federal aid to hire its own law enforcement officials.
“It is not in the best interest of the tribe, state, or federal government to have individuals falsely representing themselves as law enforcement, as proper training, background investigations and other protocols should be followed to ensure public safety,” a spokesman for the Bureau of Indian Affairs said in a statement.“It is not in the best interest of the tribe, state, or federal government to have individuals falsely representing themselves as law enforcement, as proper training, background investigations and other protocols should be followed to ensure public safety,” a spokesman for the Bureau of Indian Affairs said in a statement.
Tara Sweeney, the top official at the bureau, wrote to the tribe demanding closure of the checkpoints if the tribe wanted to maintain that funding. The staff monitoring the checkpoints are not funded using that pot of federal money, according to the lawsuit.Tara Sweeney, the top official at the bureau, wrote to the tribe demanding closure of the checkpoints if the tribe wanted to maintain that funding. The staff monitoring the checkpoints are not funded using that pot of federal money, according to the lawsuit.