Lawyers for American Indian farmers and ranchers involved in a class-action lawsuit against the U.S. Department of Agriculture say they are prepared to go to trial if the case is not settled beforehand.
At a panel discussion Thursday at the Bismarck Civic Center, attorneys and tribal leaders said the case, which was filed 10 years ago, will be ready to go to trial next month.
The case alleges the USDA discriminated against American Indian farmers in their lending practices, denying them more than $3 billion in loans for which they were qualified.
The panel discussion was in conjunction with the United Tribes Technical College Tribal Leaders Summit.
Joe Sellars, lead attorney in the case, which was filed in 1997 under then-USDA Secretary Dan Glickman, said his team intends to press the Obama administration to settle the case as was done with African American farmers earlier.
"This is one of the most significant civil rights cases in the country," Sellars told reporters.
Bismarck attorney and former North Dakota state agriculture secretary Sarah Vogel is also part of the legal team. She said the discovery process of the litigation is complete and a trial date could be requested as early as next month.
Vogel added that three different presidents and four secretaries of agriculture have come and gone since the lawsuit was filed.
Two of the original plaintiffs, Basil Alkire and John "Buzz" Fredericks, have since passed away, as well.
George Keepseagle, a Sioux County farmer since 1960, is also one of the original plaintiffs and was at Thursday's meeting.
"Each and every one sitting here can say that at times we have been discriminated against,"Keepseagle told the crowd. "We know what discrimination is."
Sellars said he is prepared to enter into evidence testimony and USDA documents that show a pattern of discrimination against American Indians by the agency when it comes to lending practices.
One of those documents, Sellars said, includes a 1997 USDA internal study that "admitted they failed to provide adequate services," he said.
"We find that very hard to accept," he said.
Sellars said he will press the Obama administration to settle the case as was done with a similar class action suit brought by American Indian farmers that resulted in a $1 billion settlement under the Clinton administration.
The Tribune made several attempts to contact USDA officials for comment with no success.
Sellars said an estimate of lost revenue by American Indian farmers because of discrimination is between $450 million and $900 million.
He said two issues they are currently seeking are a moratorium against foreclosures until the case is settled and a mechanism for debt relief.
Sellars said he expects to be ready to request a trial date next month.
"We think the end is in sight for this case."
(Reach reporter Brian Gehring at 250-8254 or brian.gehring.)@bismarcktribune.com
Posted in Local on Friday, September 11, 2009 12:00 am
© Copyright 2010, BismarckTribune.com, 707 E. Front Ave Bismarck, ND | Terms of Service and Privacy Policy