MAY 06 2020 Time Recorsted [Cour ce IN THE COURT OF INDIAN OFFENSES FOR THE WESTERN REGION WINNEMUCCA INDIAN COLONY WINNEMUCCA INDIANCOLONY Petitioner, ) } — €aseNo.;CIV-19-WRIS vs ) C1v-19-WRI6 ) CIV-19-WRI7 MYRL AYER, JAMES JAY AYER, ) CIV-19-WRI8 STORMY AYER, LINDAAYER, and) CIV-19-WRI9 any other persons known and unknown) CIV-19-WR20 ) ) ) nly, residing with the Ayer and KEVIN DICK and BRIAN DICK, and all other persons residing with or on the premises of the Dick occupation and any other persons known or unknown. and ELENA LOYA, and all persons residing at 1149 Cinnabar St, and LESLIE SMART, JR., and all persons residing with or on the premises of the ‘Smart occupation and all other persons known or unknown, and DWIGHT BROWN, DOREEN BROWN, LOUELLA BROWN, aka LOUELLA GEORGE, aka LOUELLA STANTON, ELDON BROWN. GILBERT GEORGE, and all persons residing with or on the premises of the Brown occupation and any other persons, known or unknown, residing ) with the Brown family, except and )excluding ALVA BROWN. ) ) and ) ALL PERSONS RESIDING AT 232 ) SOUTH STREET, excepting COLEEN MISSOURI, Lessee ) Respondents, ) ORDER AND WRIT OF MANDAMUS NOW on this Sth day of May, 2020, this matter comes before the Court upon Respondents’ Emergency Motion for Order of Contempt. The Petitioners have filed a response to Respondents’ Motion and the Court is advised in the premises and therefore FINDS and ORDERS as follows PROCEDURALAND FACTUAL HISTORY The cases at present were initiated in June, 2019 by the Winnemucca In in Colony in an attempt to evict Respondents from property in which they resided or claimed as residence. On June 10, 2019 specific Petitioners sought injunctive relief to prohibit Respondent Winnemucca Indian Colony Council, and any agents acting on their behalf, from forcibly removing Petitioners. The Court granted the request for temporary injunction and has not since vacated that order, On June 14, 2019, the Court issued a Notice and Order for specifically named Respondents to vacate the residences pending further proceedings on October 24, 2019. Prior to the October 24, 2019 hearing, the Respondents filed numerous affirmative defenses which included but are not limited to, lack of authority of the Winnemucca Indian Colony to exercise jurisdiction over the Colony; due process under which individuals who have purchased their property are entitled to compensation; and the need to determine what agency has authority to exercise regulatory control of the property. On October 10, 2019, this Court issued an Order of Stay pending a trial on the merits of the case. On December 31, 2019, this Court denied Winnemucca Indian Colony Council’s request! demand to transfer the proceedings to what they referred to as their own tribal court On April 2, 2020, this Court issued a second injunction against the Winnemucca Indian Colony Tribal Council, Robert McNichols, and any other agents or representatives acting inconcert with the Winnemucca Indian Colony Tribal Council and/or Robert McNichols from entering the properties specifically located at 1149 Cinnabar Street; 1141 Cinnabar Street; 1137 Cinnabar Street, 1136 Cinnabar Street, and 1136 1/2 Cinnabar Street; all located within the exterior boundaries of the Winnemucca Indian Colony. The order specifically prohibited the Winnemucca Indian Colony Tribal Council, Robert McNichols, and any agents acting on their behalf from interfering with the residents’ use and and enjoyment of their properties and dwellings, including but not limited to: restrained from removing, taking, destroying, damaging, or otherwise touching any personal or real property or fixtures at said properties; and are restrained from releasing any animals or pets at said properties, and are restrained from harassing the residents or otherwise disturbing the peace. The Order further demanded the J-Rails be removed from West Bell Street and West South Street until further order of the Court. Additionally, the Order prohibited the Winnemucca Indian Colony Tribal Council, or its agents or representatives, from destroying or otherwise disposing of property which has been moved, retrieved or otherwise relocated. This Order was initially set to expire on April 23, 2020; however, the Court extended the injunction until June 25, 2020. This Order remains in full force and effect The Respondents have now filed an Emergency Motion for Order of Contempt alleging the Winnemucca Indian Colony Tribal Council, by and through its Chair, Judy Rojo, and its agents have violated the injunction, The Petitioner, Winnemucca Indian Colony Tribal Council, has responded to the Emergency Motion and denies evicting anyone but does not deny removing abandoned property or other property. Further, the Winnemucca Indian Colony Tribal Council states it will be removing “abandoned trailers, an old shed with an open and untreated sewage pit beneath it and other abandoned vehicles with no license and no claimants.” DECISION Having reviewed the pleadings in this matter and being fully advised in the premises, the Court FINDS and ORDERS:The Court has been nothing less than abundantly clear about its injunctive orders. On April 2, 2020, the order specifically prohibited the Winnemucca Indian Colony Tribal Council, Robert McNichols, and any agents acting on their behalf from interfering with the residents’ use and and enjoyment of their properties and dwellings, including but not limited to: restrained from removing, taking, destroying, damaging, or otherwise touching any personal or real property or fixtures at said properties; restrained from releasing any animals or pets at said properties, and restrained from harassing the residents or otherwise disturbing the peace. The Order farther demanded the J-Rails be removed from West Bell Street and West South Street until further order of the Court, Additionally, the Order prohibited the Winnemucca Indian Colony Tribal Council, or its agents or representatives, from destroying or otherwise disposing of property which had been moved, retrieved or otherwise relocated The Court has been advised by the Bureau of Indian Affairs Law Enforcement that the Winnemucca Indian Colony Tribal Council and their agent or representative, Robert McNichols, have not removed the J-Rail blockades from West Bell Street and West South Street as was ordered on April 2, 2020. Further, in their responsive pleading and declaration filed this date, legal counsel for the Tribal Council admits to having “demolished” the property of Dwight Brown on May 4, 2020. Regardless of whether the demolition was done in concert with, or by consent of the resident, the action is a violation of this Court’s April 2, 2020 injunction which specifically prohibited destruction of any property. Additionally, the Tribal Council’s responsive pleading also provides an admission of destroying property that had previously been removed in spite of this Court's injunction prohibiting same. To be clear, the Court is aware of, and certainly understands the desire of the Winnemucca Indian Colony Tribal Council to make the Colony property environmentally safe The Court is also aware of the fact that the Winnemucca Indian Colony Tribal Council applied for, and received funding from the Environmental Protection Agency prior to their efforts to evict residents, and that the parameters of the funding require it to be spent timely. However, prior to the national pandemic of COVID-19, this Court set this matter for trial to determine the ownership status of the Colony lands, the rights of the residents occupying assignments on the Colony, and the rights of the Winnemucca Indian Colony Tribal Council to regulate the landbase. Each of these issues remain outstanding as no trial has been held due to the ongoing national pandemic. This Court understands the desires of the Winnemucca Indian Colony Tribal Council to move expeditiously; however, to be clear, this Court will not be tolerant of any individuals or entities, including the Tribal Council, ignoring its orders Based upon the foregoing, this Court makes the following specific FINDINGS. 1. That is in the interest of the health and welfare of the Colony residents that the Winnemucca Tribal Council is acting to clean-up hazardous waste. 2. That the Winnemucca Indian Colony Tribal Council has admitted to destroying property since the issuance of this Court’s injunction of April 2, 2020. 3. That the Winnemucca Indian Colony Tribal Council was awarded funding to assist in the clean-up of hazardous waste and that said funds must be spent timely. 4. That the Colony residents are entitled to due process protections under the U.S. Constitution and/or the Indian Civil Rights Act of 1968 to be secure in their property. 5. That the Winnemucca Indian Colony Tribal Council and its agent or representative, Robert McNichols, have failed to adhere to the Court’s order to remove the J-Rail blockades. As a result of the Winnemucca Indian Colony Tribal Council’s actions since the issuance of this Court’s injunction on April 2, 2020, this Court ORDERS as follows: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Winnemucca Indian Colony Tribal Council and their representative, Robert McNichols, are to remove the J- Rail blockades by 12:00 (PST) on May 6, 2020 or both the Tribal Council and Robert McNichols will be civilly fined in the amount of $500.00 per day each IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Winnemucca Indian Colony Tribal Council and their representatives and agents are hereby ORDERED to cease and desist ALL operations pertaining to the environmental clean-up, including removal, relocation, and/or destruction of property on the Winnemucca Indian Colony until further order of this Court IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Winnemucca Indian Colony Tribal Council wall not be allowed to proceed with their operations to clean-up the Winnemucca Indian Colony until such time as they submit a written plan of action to include allProperties and planned activities for the clean-up to this Court for approval. This Court will entertain such plan on a weekly basis. The plan should detail the property, the concems of the Council, the plan for remediation and a specific time-table. The Court will then determine whether the Tribal Council and its representatives will be permitted to move forward on a plan by plan basis. This Court expects to have the first plan of action no later than close of business on Wednesday, May 6, 2020 and at the same time each week until such time as the environmental clean-up is completed. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that should the Winnemucca Indian Colony ‘Tribal Council fail to adhere to this Order, this Court will entertain a ‘motion/request to consider whether the members of the Tribal Council are exceeding their scope of authority at times when they fail to adhere to a properly issued and continuous Court order, and may find each member as well as Robert MeNichols personally liable for any damages incurred as a result of the defiance of this Cour’s order. IT IS SO ORDERED. ws MARSHA HAI N, CHIEF MAGISTRA’