The historic site of Hickory Ground in Alabama, once a ceremonial and burial site for the Muscogee Nation, has become the focal point of a heated legal battle between two Native American tribes. At the center of this dispute is the 20-story Wind Creek Casino and Hotel, a $246 million development constructed by Alabama’s Poarch Band of Creek Indians. This land, which holds immense cultural significance for the Muscogee Nation, has been a source of tension ever since the Poarch Band began construction on the casino, leading to the desecration of ancestral burial sites.
For the Muscogee people, Hickory Ground, also known as Oce Vpofv, represents their final capital before they were forcibly removed from the Southeast to Oklahoma on the Trail of Tears. The land served as a burial ground, a town, and a ceremonial site. Today, it is overshadowed by the towering casino built by the Poarch Band of Creek Indians, sparking a long-standing conflict between the two tribes.
The Muscogee Nation, based in Oklahoma, contends that the Poarch Band does not have legitimate ties to Hickory Ground and accuses them of illegally excavating the graves of Muscogee ancestors to make way for the casino. “They dug up my ancestors, put them in boxes, and built a casino directly on top of my family’s burial ground,” stated George Thompson, a Mekko, or traditional chief in the Muscogee Nation, cited by Associated Press.
The Poarch Band, on the other hand, claims they, too, have ancestral connections to the site and have made efforts to preserve much of its historic importance.”We couldn’t control what had already been done with the land, but we did preserve the sacred grounds and 17 acres around it,” said Stephanie A. Bryan, tribal chair and CEO of the Poarch Band of Creek Indians. Bryan also noted that her tribe has attempted to reach a compromise with the Muscogee Nation, though without success.
A Fight for Sovereignty and Justice
The legal conflict escalated in 2012 when the Muscogee Nation filed a lawsuit against the Poarch Band, Auburn University, and federal officials, alleging that federal laws were violated in the construction of the casino. The lawsuit challenges the desecration of the 34-acre site, which is listed on the National Register of Historic Places. In addition to seeking the return of excavated remains and artifacts to their original locations, the Muscogee have called for the site to be restored to its condition before the casino’s construction.
However, a federal district court in Alabama dismissed the case in 2021, citing the Poarch Band’s sovereign immunity, a legal principle that protects tribes from lawsuits. The Muscogee Nation has since appealed the decision, and the case is now set to be heard by the 11th U.S. Circuit Court of Appeals in Atlanta.
Mary Kathryn Nagle, an attorney representing the Muscogee, emphasized the importance of upholding federal laws designed to protect sacred sites. “The federal laws we have on the books should be upheld and they should be enforced to protect the sacred sites of tribes that have been removed from their original homelands,” Nagle said, according to The Atlanta Journal-Constitution.
A Legacy of Betrayal
The dispute between the two tribes extends beyond legal arguments, touching deeply on issues of cultural identity and historical legacy. For the Muscogee, the Poarch Band’s actions represent a profound betrayal. “They knew then what they wanted,” said Jeff Fife, a Tvstvnvke, or warrior, for Hickory Ground and chief of staff for the Principal Chief of the Muscogee Nation. “They didn’t want our language. They didn’t want our culture or tradition. They wanted money.”
Meanwhile, the Poarch Band has defended their actions, asserting that they have complied with federal laws and that the excavation was carried out legally. Bryan remains hopeful that the two tribes can eventually reconcile. “I am very hopeful that at some point in time… the Poarch Creek Indians and the Muscogee Creek can come together as a Creek family and work together for the betterment of the future generations,” she said.
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