
Petition for Referendum · Article VIII
Limited Waiver of Sovereign Immunity for Equitable Actions
A resolution to expressly waive the Tribe's sovereign immunity — but only for lawsuits by members asking a court to make the government follow our own Constitution, laws, and policies. No money can be sought; the only remedy is a court order requiring officials to obey the law.
Why this petition
Today, sovereign immunity can block members from suing to enforce the Tribe's own Constitution and laws. This creates a clear, limited, and orderly path — in our own Tribal Court — to hold the Council and officials accountable when they act contrary to tribal law, without ever exposing the Tribe to money damages.
What it proposes
- Waives immunity only for equitable relief — declaratory judgments, injunctions, mandamus, and prohibition — to enforce the Tribe's Constitution, laws, ordinances, resolutions, and duly adopted policies.
- Applies when the Council or an official has acted, is acting, or is threatening to act contrary to tribal law (in their official capacity).
- Who may sue: enrolled members, groups of members, majority member-owned businesses, and member-formed groups protecting their rights under tribal law.
- All such suits must be filed in the Tribe's own Tribal Court.
What is NOT waived
- No money of any kind — no damages, lost profits, refunds, back pay, attorney's fees, interest, or other monetary recovery.
- No seizing or freezing of tribal funds, assets, or property (except a narrow order to stop an unlawful transfer).
- Does not cover commercial, contract, or employment disputes; all other sovereign immunity remains in full effect.
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