July 29, 1997 Update
On or about July 18, 97, we received a call from a Township resident, and we investigated and found it to be true, that another Township Supervisor had recently purchasd property in a Residentially zoned part of the Township. This Supervisor, Larry Skinner, now has goats housed on his R-1 property, without a variance or special exception.
July 21, 1997
Blackhawks filed an Answer To Defendant's Motion To Dismiss with the Court.
July 17, 1997
Defendant's attorneys filed a Motion To Dismiss this case with the Court.
July 3, 97
Law Firm from West Conshohoken, Pa. was hired (firm consists of 26 attorneys) at taxpayer's expense.
June 6, 1997
Court denied Petition For Reconsideration
May 30, 1997
Filed Petition To Reconsider Temporary Restraining Order.
May 28, 1997
Court denied Petition For Temporary Restraining Order.
May 16, 1997
Filed Petition for Temporary Restraining Order
May 12, 1997
Filed Petition to Proceed in Forma Pauperis (waives paying court/filing fees) Accepted by the Court.
Filed Petition To Appoint Council
May 15, 1997 Update
On Monday, May 12, 97 Dennis & Debbie Blackhawk filed a Civil Rights
Complaint, Motion To Proceed In Forma Pauperis, and Petition for Appointment
of Legal Counsel with the United States District Court for the Middle
District of Pennsylvania located in Scranton, Pa. The complaint cites
numerous civil rights, discrimination and freedom of religion violations.
The defendants are Lehigh Twp., Pa. et. al. seeking $1,000,000 in
compensatory and punitive damages. A jury trial was demanded.
We've had enough of unconcerned attorneys, bullying by pompous
township officials, and political juggling. We're tired of the white man's
ignorance of our religious beliefs and persecution of our ancestral beliefs.
We are FULLY backed by AIM Pennsylvania, 99% of the area residents,
and concerned brothers and sisters.
Although the case citations, court game plan and evidence is well in
hand, we welcome any comments, suggestions, or questions.
We will not buckle down to live the white man's ways or be ruled by
Wanishi and Wopila to all of you for your past support. We'll keep
According to Yick Wo v. Hopkins, 118 U.S. 356 (1886)
- In a suit brought to this court from a State court which
constitutionality of ordinances made by a municipal corporation in the
State, this court will, when necessary, put its own independent
upon the ordinances.
- It was alleged in the petition, that your petitioner... is greatly impaired, and in many cases practically
ruined, by this system of oppression to one kind of men and favoritism
to all others.
- ...the right to carry on this...[activity] is not made to
depend upon any prescribed conditions giving a right to anybody
with them, but upon the consent or arbitrary will of the board of
- And if, by an ordinance,
general in its terms and form like the one in question, by reserving an
arbitrary discretion in the enacting body to grant or deny permission to
engage in a proper and necessary calling, a
discrimination against any class
can be made in its execution, thereby evading and, in effect, nullifying
provisions of the National Constitution, then the insertion
of provisions to
guard the rights of every class and person in that instrument was a vain
- They seem intended to confer, and actually
do confer, not a discretion to be exercised upon a consideration of the
circumstances of each case, but a naked and
arbitrary power to give or
withhold consent not only as to places, but as to persons. So
that, if an
applicant for such consent, being in every way a competent and qualified
person and having complied with every reasonable condition demanded by
public interest, should, failing to obtain the
requisite consent of the
supervisors to the prosecution of his business, apply for redress by the
judicial process of mandamus to require the supervisors to consider and
upon his case, it would be a sufficient answer for them to say that the
had conferred upon them authority to withhold their assent without
and without responsibility.
- The Fourteenth Amendment to the Constitution
is not confined to the
protection of citizens. It says:
Nor shall any State deprive any person of life, liberty, or property
due process of law; nor deny to any person within its jurisdiction the
protection of the laws.
These provisions are universal in their application to all persons
the territorial jurisdiction, without regard to any differences of race,
color, or of nationality, and the equal protection of the laws is a
of the protection of equal laws. It is accordingly enacted by 1977 of
Revised Statutes, that
all persons within the jurisdiction of the United
States shall have the same
right in every State and Territory to make and enforce contracts, to
parties, give evidence, and to the full and equal benefit of all laws
proceedings for the security of persons and property as is enjoyed by
citizens and shall be subject to like punishment, pains, penalties,
licenses, and exactions of every kind, and to no other.
- When we consider the nature and the theory of our institutions of
government, the principles upon which they are supposed to rest, and
review the history of their development, we are constrained to conclude
they do not mean to leave room for the play and
action of purely personal
and arbitrary power.
- ...the fundamental
rights to life, liberty, and the pursuit of happiness, considered as
individual possessions, are secured by those maxims of constitutional
which are the monuments showing the victorious progress of the race in
securing to men the blessings of civilization under the reign of just
equal laws, so that, in the famous language of the Massachusetts Bill of
Rights, the government of the commonwealth "may be a government of
not of men."
Background in a Nutshell
In March, 1995 Dennis Blackhawk, Lenape, returned to his
hometown, Weatherly, Pennsylvania. He had just resigned from his job as
a BIA policeman at Pine Ridge because he
was tired of hearing his professional peers brag regarding their
relationship with Dick Wilson's GOONS (Guardians of the Oglala Nation)
during the Wounded Knee seige of '73.
And the wheel turns...
With Dennis came three foxes, two raccoons, one peacock, one peahen, a
domesticated ferret, and two black bear cubs. Dennis first enountered
the bear cubs at a game farm in Minnesota in 1994. The encounter with
the cubs was peculiar because since he was a child he had experienced a
recurring dream in which two bear cubs walked in circles around him.
The cubs and Dennis took to each other and, rather than see them be
shipped off to a zoo or medical experiment station, he purchased the
cubs. They had been declawed by the game farm and could not be released
to the wild. It appeared that his dream had come to life.
Dennis and his companions returned to Weatherly and, with his wife
Debra, a homestead was set-up on three acres of land. Pens were built
for the animals which exceeded anything required by the state or federal
government. All relevant permits were in order. They settled in...they
In September of 1995 Dennis petitioned the Lehigh Township
Board of Supervisors to house wildlife on their property. The petition
was necessary because the property is zoned R-1, residential. The
request was denied.
Dennis asked the Board to reconsider inasmuch as State and Federal
permits have certified that he legally certified to house his animals.
Both the State and Federal Government state that he is licensed to
operate a "sanctuary dedicated to preserving wildlife." The Zoning Board said no.
Now things start to get sticky...it just so happens that the Township Supervisor Frank Raynock has built pens for deer on "his" land which is also zoned R 1, residential. No permits have been issued for these deer. No violations have been issued by the Township for these deer...and the Supervisor can not be reached for comment.
As a result of Blackhawk's push for his permit he is now being harassed by the Township as they allege that he was never granted permission to "live" on his property...this, all of a sudden, after two years!
Please refer back to the excerpts from the Supreme Court decision at the top of this page...what is good for the Township Supervisor, Frank Raynock, appears not to be good for Dennis Blackhawk. This must be underlined and corrected as soon as possible!
In order to bring this imbalance to light, and to help Dennis with his fight for justice, your email support is needed. Please fill out the input form below...your "comments" will have the most impact...thank you for any attention you can give to this issue
By My Signature I Support The
Call For A Variance and Equal Application of The Law!