Turtle Mountain Law Library
Turtle Mountain Band of Chippewa Indians Tribal Code.

45.02.010 Findings

(a) The Congress and the Turtle Mountain Band of Chippewa Indians finds that based upon September 2005 Feasibility study conducted by Winkelman Consulting that there are a total of 2,317 disabled individuals living in Rolette County, of which 1,389 are Turtle Mountain enrolled members.

(b) Some 43,000,000 Americans have one or more physical or mental disabilities, and this number is increasing as the population as a whole is growing older;

(c) Based upon Turtle Mountain tribal customs of families protecting and sheltering those individuals who are "special" or requiring "special needs";

(d) Historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;

(e) Discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;

(f) Unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;

(g) Individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;

(h) Census data, local statistics (Rolette County and tribal data), national poDs, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;

(i) Individuals with disabilities are a discrete and insular minority who have been faced. with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society, based on characteristics that are beyond the control of such individuals and resulting from stereotypic assumptions not truly indicative of the individual ability of such individuals to participate in, and contribute to, society;

(j) The Nations and Tribal communities goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and

(k) the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis, and to pursue those opportunities for which our free and caring society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses, resulting from dependency and non-productivity.