Sandra Hale Schulman
Special to ICT

Film has become an important part of the Cherokee Nation’s business and identity as the tribe continues to build upon the film office they launched in 2019, the first certified Native American film office in the country.

Now, after years of supporting award-winning productions and $1 million rebates, they are rolling out a reorganization of the tribe’s filmmaking ecosystem and expanding the Cherokee Film Studios in Owasso, Oklahoma.

SUPPORT INDIGENOUS JOURNALISM. CONTRIBUTE TODAY.

Now named simply Cherokee Film, the enterprise includes four branches – Cherokee Film Productions, Cherokee Film Studios, the Cherokee Film Commission, and the Cherokee Film Institute — with 30 full-time employees.

Cherokee Film will continue to offer the enticing rebates for productions filmed in Oklahoma with the services of the tribal film office, but it will also increase production of its own original programming, help tribal citizens break into the industry and create jobs in and around the Cherokee Nation.

A groundbreaking ceremony was held on Wednesday, Aug. 30, for a new 10,000-square-foot studio, which will join a larger, extended reality or XR, facility that opened in July 2022.

“Cherokee Nation has quickly become a leading hub for Indigenous storytellers in television and film,” Cherokee Nation Principal Chief Chuck Hoskin Jr. said at the groundbreaking.

“As we increase infrastructure, explore incentives, connect resources and remove barriers, Cherokee Nation and its businesses are helping grow and amplify television and film production in Oklahoma while making it possible for our citizens to be a part of it.”

Cherokee Nation Businesses announced the expansion in late August with the new company name and divisions, as well as logos, new social media accounts and a website to represent the tribe’s continued efforts.

Breaking new ground

The existing 27,000-square-foot studio — known as Cherokee Film Studios, Owasso Campus — was the first of its kind in Oklahoma and in Indian Country, though the Tesuque Pueblo tribe now operates Camel Rock Studios, a movie studio in an existing building that once housed a casino in New Mexico.

Owasso Campus sits on more than four acres in the Cherokee Nation Reservation and includes dedicated studio spaces with edit suites, a control room, a professional-grade audio booth, crew and client lounges, and hair and make-up facilities to meet the growing needs of production in Oklahoma.

Related story:
—Tribes open film studios to lure movie, TV productions

The new 10,000-square-foot soundstage will feature a 35-foot ceiling, full soundproofing to cinema standards, a modular truss system with chain hoists, a hair and make-up room, a multipurpose-flex space, 14-foot bay doors for load-ins and RV hookups for production trailers. It is expected to be completed in 2024.

“Cherokee Nation and its businesses continue to stand at the forefront of industry and economic growth in Oklahoma,” Chuck Garrett, the chief executive officer of Cherokee Nation Businesses said at the groundbreaking.

“We are very proud of our ongoing leadership role in helping grow and evolve the film and television industry, and it’s time that our brand recognizes the entirety of those efforts,” Garrett said.

The four branches of Cherokee Film will expand the tribe’s already extensive efforts.

The Cherokee Film Commission will continue to offer its $1 million annual rebate to film production in the state and will serve as the liaison to Indian Country, connecting productions with diverse locations spanning five eco-regions, skilled Native talent and crew, and the virtual production soundstage.

The Cherokee Film Institute will train, develop and elevate Native and local talent to work professionally in the film and media industries, creating sustainable career opportunities within the Cherokee Nation and beyond.

Under the new Cherokee Film Productions, the tribe will continue the popular award-winning television production OsiyoTV and will add new projects that tell Cherokee stories and contribute to the tribe’s language revitalization efforts.

The National Academy of Television, Arts & Sciences recently recognized the show, “Osiyo, Voices of the Cherokee People,” with six Heartland Regional Emmy Awards.

The tribe’s cultural television series, and the short documentaries included within it, continue to be honored with numerous regional, national and international accolades for its approach to sharing real-life stories of the Cherokee people.

The show, which is often referred to as OsiyoTV, ranks among the most-awarded Indigenous-run series in the industry. The 2023 Heartland Regional Emmy Awards bring the show’s total Emmy wins to 22.

Since premiering in 2015, “Osiyo, Voices of the Cherokee People” has featured hundreds of Cherokees from both past and present. The first-of-its-kind series, hosted and executive produced by Cherokee Nation filmmaker and Emmy-winning journalist Jennifer Loren, is breaking barriers and helping change how Native Americans are represented.

And Cherokee Film Studios, meanwhile, will continue to support the local, regional and Native film industries through investments in infrastructure that expand on the tribe’s existing soundstage facility in Owasso.

Looking ahead

Hollywood is already gaining interest in Oklahoma.

Among the projects that have filmed in Oklahoma are the “Reservation Dogs” series; the film “Stillwater,” featuring Matt Damon; HBO Max’s “Land of Gold”; and Martin Scorsese’s highly anticipated “Killers of the Flower Moon,” the upcoming Apple+ film about the murder of members of the Osage tribe in the 1920s.

Scorsese’s western shot a few days on Cherokee land and worked with its film office on casting, an experience tribal leaders are hoping to build on.

The first film to receive the $1 million rebate was “Fancy Dance,” the Erica Tremblay film shot on the Cherokee Nation, which made its world premiere in the 2023 Sundance Film Festival and was a finalist in the U.S. Dramatic Competition.

“We knew it was going to be a success,” Jennifer Loren, senior director of Cherokee Film, told the Tulsa World after returning from the festival. “We had a pretty good feeling. That film, everything about it supports the mission of the Cherokee Film Office. It was a great fit.”

Starring actress Lily Gladstone, who is also in “Killers of the Flower Moon” with Leonardo DiCaprio, “Fancy Dance’ was a high-profile first for the Cherokee Nation Film Incentive program though other incentive projects have since been completed.

“(‘Fancy Dance’) is the first to get a check, to get the cash rebate,” Loren said. “There were several projects that were kind of the first wave, but they were the first ones to turn in the ledgers and everything to get their rebate.”

Other projects are on the way, but likely have been stalled by ongoing strikes by both the Screen Actors Guild-American Federation of Television and Radio Artists, and the Writers Guild of America.

The movie “Twisters,” a sequel to the 1996 film “Twister,” was in the midst of filming in Oklahoma when the industry was shut down by the strikes. The Universal film, with a monster $200 million budget, stars Daisy Edgar-Jones, Glen Powell and Anthony Ramos, and had an expected release date in the summer of 2024.

Loren said four projects pre-approved for the incentive are in line to be filmed in 2023, though the strikes will cause delays.

Among those is a standout Indigenous story by Andrew Troy, a historical feature, “I Am A Man: The True Story of Ponca Chief Standing Bear.”

To qualify for the incentive, a film or TV show working with the Cherokee Film Office doesn’t have to be Native-themed. Cherokee Nation officials say they will consider the projects by merit rather than on a first-come, first-served basis, and special consideration will be given to projects that help dispel stereotypes about Indigenous people.

“The launch of Cherokee Film represents a new way forward, not just for the Cherokee people, but for all of Indian Country and for film and media as a whole,” Loren said in a statement. “With a community-driven mindset, we have built a living, breathing ecosystem to create positive change through the practice of storytelling in the digital age.”

She continued, “With Cherokee Film’s new investments in film and media production and investments in educating our workforce, we hope to create lasting change that will help diversify the stories we see in mainstream media. Our team at Cherokee Film is passionate about creating a better and more inclusive life for the next seven generations.”

Our stories are worth telling. Our stories are worth sharing. Our stories are worth your support. Contribute $5 or $10 today to help ICT carry out its critical mission. Sign up for ICT’s free newsletter. 

The nation’s highest court recently upheld the Indian Child Welfare Act in a major case over the law’s constitutionality, a decision hailed by many as a victory for Indigenous children and their families.

But while the 7-2 majority decision in the Brackeen v. Haaland case firmly rejected key arguments against the law known as ICWA, state-level challenges have been moving through lower courts across the country, with varying degrees of success.

Cases in Nebraska, Alaska, Iowa, Montana and Oklahoma center on different legal issues than those decided by the U.S. Supreme Court last month. Plaintiffs in Brackeen v. Haaland — a group of states along with white adoptive parents seeking custody of Native children — argued unsuccessfully that ICWA was unconstitutional because it exceeds the “plenary powers” of Congress to pass legislation governing tribal affairs, “commandeers” states to follow federal law and violates equal protection guarantees.

Yet while the Supreme Court upheld ICWA’s constitutionality for now, legal experts who are both supporters and critics of the 45-year-old federal law say the Brackeen case doesn’t rule out future challenges to tribal sovereignty.

What’s more, justices declined to delve into the equal protection arguments in the case, stating only that the plaintiffs “lack standing” on that issue because the adoptions of Indigenous children they sought had been finalized. Some court watchers say that leaves open the possibility of future lawsuits on equal protection issues.

The 1978 law in question seeks to repair damage caused by centuries of forced attendance at Indian boarding schools and coercive adoptions into white, Christian homes. That legacy has endured in Indian Country, where the rate of foster care removals remains far higher than in other racial and ethnic communities.

Under ICWA, state child welfare agencies must determine whether a child facing foster care, adoption or guardianship is a member of a Native American tribe. If they are an enrolled member or have a parent who is enrolled and are eligible for tribal membership, the case takes a different pathway than for other children. Tribes must be offered the opportunity to take jurisdiction from the state court; tribal members and Indigenous foster parents and kin must be prioritized for placements; and social service agencies must make “active” rather than “reasonable” efforts to help parents accused of maltreatment reunite with their children.

Kate Fort, director of the Indian Law Clinic at Michigan State University College of Law, outlined the most common reasons for an ICWA appeal in the March edition of the Juvenile and Family Court Journal.

She wrote that between 2017 and 2022, more than 40 percent of all such cases were remanded — sent back to lower courts — or reversed. Plaintiffs in 87 percent of the ICWA-based appeals were biological parents of an Indigenous child. About half the cases were appealed based on parents’ belief that the court improperly determined ICWA’s application to their child’s case.

“These data indicate that agencies and courts are still struggling with the first step in an ICWA case — whether they have an ICWA case at all,” Fort wrote in the paper.

Two ICWA-related cases were decided by the Alaska Supreme Court in July 2022.

They involved the federal law’s provision requiring that a “qualified expert witness” testify about the Indigenous child’s tribe, customs and traditions before their parent’s rights can be terminated. Those challenges did not prevail.

Recent disputes over ICWA in state courts center on tribal jurisdiction, the definition of a Native child, and termination of parental rights, among other issues. The following is a summary of some recent cases:

Oklahoma

Tribal court jurisdiction in child welfare cases lost ground in an April ruling in Oklahoma. In the decision — involving a child identified as S.J.W. — the state Supreme Court gave lower courts increased ability to grant custody of Native children living on a reservation that is not their own.

S.J.W.’s parents argued that “the Chickasaw tribal court has exclusive jurisdiction regardless of the fact that S.J.W. is a nonmember Indian child,” according to court documents. The state maintained it had shared jurisdiction on cases involving ICWA.

Critics call the ruling involving a Muscogee child living on Chickasaw Nation’s reservation deeply flawed.

The state Supreme Court “misunderstands tribal sovereignty,” the Choctaw Nation’s senior executive officer of legal and compliance Brian Danker told a National Public Radio affiliate. “This ruling could impact a tribe’s ability to protect tribal citizens’ social, cultural and familial connections as it attempts to chip away at the foundations of tribal sovereignty in the state of Oklahoma.”

Fort described the Oklahoma ICWA case as unique, and a “truly unfortunate opinion with absurdly weak analysis.” Fort said tribes’ ability to retain jurisdiction over child welfare cases remains an ongoing fight in multiple states.

Iowa and Nebraska

In another suit filed this past April by the Red Lake Band of Chippewa Indians, the Supreme Court in Nebraska denied the tribe’s request to intervene, because it had previously been determined the child in question did not meet the criteria of an “Indian child.” The child’s mother was eligible for tribal enrollment, but was not yet enrolled.

The tribe argued the spirit of ICWA should apply to the case, but the state of Nebraska opposed that position, and was victorious in court. Ultimately, the state’s highest court ruled that ICWA’s specific requirements to determine a child’s eligibility for its protections should be strictly applied.

In April 2022, the Iowa Supreme Court upheld a juvenile court’s ruling that denied a child ICWA protections, affirming a prior decision to terminate the rights of the child’s parent. The juvenile court found the state’s “reasonable efforts” to avoid out-of-home placement — instead of the “active efforts” required for tribal members under ICWA — were adequate because the child was deemed to be non-Native.

Montana

ICWA was affirmed in a Montana case decided by the state Supreme Court in January, a ruling that underscored how the federal law applies to guardianships and third-party custody proceedings, in addition to adoption and foster care cases.

The child’s mother, an enrolled member of the Native Village of Kotzebue Tribe in Alaska, provided the court with verification that her three children were eligible for ICWA protections. She asked the courts to remove her children from the Montana home of their paternal grandparents — who had full custodial rights — and restore her custody. The case was sent back to lower courts for further proceedings to determine if the children should be returned to their mother.

Minnesota

Nearly two weeks after the Brackeen decision in mid-June, the U.S. Supreme Court denied review of a recent Minnesota case making a related equal protection argument — that ICWA discriminates against non-Native foster and adoptive parents.

In March 2022, Hennepin County was sued by two Indigenous foster parents who were unsuccessful in the adoption of the Indigenous child they were fostering. Instead, the child’s tribe, Red Lake Band of Chippewa, took over the proceedings and granted custody to the child’s maternal grandmother. The foster parents were considered “nonmembers” in the ICWA case, because one is enrolled in the Bois Forte Band of Chippewa and the other is a White Earth Nation descendant.

The plaintiffs in the case — who, under ICWA, lost priority in their adoption efforts in favor of the child’s relative despite having adopted the child’s siblings — were represented by Minnetonka attorney Mark Fiddler, a member of the Turtle Mountain Band of Chippewa Indians. He also represented the white adoptive couples seeking to overturn ICWA in Brackeen v. Haaland. The conservative Goldwater Institute filed amicus briefs in both cases, challenging ICWA’s constitutionality.

In an email, Fiddler said that while the institute attacked ICWA as unconstitutional, the plaintiffs did not. “Rather, they argued ICWA could and should be interpreted to be constitutional by not forcing nonmembers into a jurisdiction foreign to them,” he said.

“Petitioners were improperly subjected to the personal and subject matter jurisdiction of a state foreign to them, one where they have no right to vote,” plaintiffs stated in Denise Halvorson v. Hennepin County Children’s Services Department case documents. As a result, the lower court violated “their due process rights to fundamental fairness and equal protection.”

But the petition to the U.S. Supreme Court was denied on June 26.

Fiddler said despite the high court upholding ICWA in Brackeen and its denial of the Hennepin County case, establishing standing in an equal protection case against ICWA “would be easy,” and he fully expects continued challenges to the law on this issue and others.

“Any foster or adoptive parent would have the right to move to strike down ICWA in state court, so long as he or she was jeopardized by it somehow,” Fiddler stated shortly after the Brackeen decision.

The Imprint is a non-profit, non-partisan news publication dedicated to reporting on child welfare.

The post Despite Supreme Court ruling, ICWA challenges remain appeared first on Buffalo’s Fire.

It’s taking longer than expected, but residents in Clinton should once again have a hospital operating in their community soon, while those living in Woodward hope to experience a seamless continuation of hospital services during an operational transition later this year. Plans call for the emergency room of Clinton Regional Hospital to open Oct. 30, […]

The post Two western Oklahoma cities work to preserve their hospitals appeared first on NonDoc.

BLACKWELL — A Blackwell Public Schools teacher quit her job in May after she said she received conflicting information from administrators and was “forced out” of her classroom when she tried to take maternity leave. But the district said it was simply following its policies, a claim that highlights the significance of a new state law […]

The post ‘Frustrated as hell’: Blackwell teacher quits after trying to take maternity leave appeared first on NonDoc.

In his capacity as the appointed chairman of the Oklahoma Broadband Governing Board, Mike Fina worked closely with a Motorola lobbyist and the company’s territory vice president — Fina’s former employee and his former college roommate, respectively — to steer $20 million to the Department of Public Safety for upgrades to an antiquated Motorola radio […]

The post As Broadband Board chairman, Mike Fina pushed $20 million Motorola project with college roommate appeared first on NonDoc.