Muscogee Creek pursue claims on lands around Alabama casino

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The Muscogee Creek Nation of Oklahoma took a step towards pursuing its claims for Hickory Ground, the tribe’s historic town and ceremonial ground in Alabama, which has long been under the control of the Poarch Band of Creek Indians and is now the site of a casino.

“The desecration of Hickory Ground is not a historical issue—it is happening right now,” said Principal Chief David Hill in a press release Thursday. “Every day that this destruction continues, it further harms our ancestors and our culture.

On Wednesday the Muscogee Creek Nation filed a motion to submit a new complaint in the long-running case. The lawsuit demands that the casino be destroyed and that the Poarch return remains of at least 57 ancestors the Muscogee Creek allege were removed to build the casino.

A lower court dismissed the suit, but the Eleventh Circuit Court of Appeals revived it, directing the trial judge this time to consider arguments on a “claim by claim” basis about whether the Poarch Band of Creek Indians are protected by sovereign immunity in their claims to the land and its artifacts at the site of a casino they operate.

Both tribes say they have a historical tie to the Hickory Ground site. The Muscogee Creek claim that the Poarch Creek, distant relatives, are from an area farther South in Atmore, Alabama.

“Once again, representatives of the Muscogee Nation refuse to let the facts get in the way of a good story,” said Kristin Hellmich, a spokesperson for the Poarch Band of Creek Indians, in a statement on Friday.

“They are now attacking Poarch’s sovereignty and pushing legal positions harmful to all of Indian country in an attempt to assert control over our trust land and limit our ability to pursue economic development for ourselves and our neighbors.”

The amended complaint will pursue accountability against the Poarch, Auburn University and the Federal Government for what the Muscogee argue is a violation of federal laws, according to the tribe.

The amended complaint will pursue accountability against the Poarch, Auburn University and the Federal Government for what the Muscogee argue is a violation of federal laws, according to the tribe.

Mary Kathryn Nagle, legal counsel for the Muscogee Creek, said in a statement Thursday that the motion will ask the court to consider updated claims, “which reflect not only the historical desecration but also the ongoing harms at Hickory Ground,” she said.

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