Copyright © 1999 NLThomas
All Rights Reserved

MIAMI CIRCLE, FL - Bobby C. Billie, The American Indian Movement and other Indigenous People (Native American and Indian People) were pleased with Judge Frederica Smith's decision to continue the injunction which protects the Sacred Ground now known as the Miami Circle from development pending a final hearing of the case. However, Bobby C. Billie and other Indigenous people have expressed their concerns and dismay that the court has chosen to deny the Indigenous People their rights to appear as a party in these legal proceedings.

The court has denied Attorney Barry Silver's Motion to intervene on behalf of Bobby C. Billie, the American Indian Movement, and other Indigenous people based on its belief that Metro Dade County was capable of representing the interests of the Indigenous Peoples.

It should be remembered that at a time when Dade County officials had agreed to the development of the Sacred Ground, and were also suggesting cutting it into pieces to be moved, the Indigenous Peoples rallied the community to protect the Sacred Ground, known as the Miami Circle. Only then did Dade County join in this effort. When the developer's stonecutter was ready to cut the Sacred Circle into pieces, it was Bobby C. Billie who personally persuaded the stone cutter to abandon this mission which saved the Sacred Ground from destruction. In fact, it was Bobby C. Billie personally who initially filed the lawsuit to protect the Sacred Ground, which was then followed by a suit on behalf of the county. In order to facilitate the proceedings and to consolidate issues, attorney Barry Silver voluntarily dismissed Bobby C. Billie and the other above mentioned people's lawsuit and sought to intervene in the suit initiated by the County. This County, which supposedly wished to protect the rights of Indigenous People, inexplicably opposed the right of Indigenous People to intervene in the lawsuit.

One would have hoped that after the United States Government had subjected the Indigenous People to cultural, and in many instances physical genocide. That the courts and government of the United States, as well as the subsidiaries such as Dade County would at least permit Indigenous People, (Native Americans) their rights to intervene in legal proceedings which are designed to salvage what is rightfully their cultural heritage.

In light of our nation's history, as well as the county's prior failure to protect the Sacred Miami Circle. It is presumptuous for Metro Dade County and the Courts of State to claim that Dade County is better able to represent the rights and interests of Indigenous People, then, the Indigenous People themselves.

Bobbie C. Billie as well as other Indigenous People is concerned that despite some initial success, without direct involvement of indigenous people, who have the strongest relationship and kinship to this sacred site. The county may have difficulty in protecting this Sacred Ground from development and have now requested Attorney Barry Silver to re-file their lawsuit against the City of Miami and Developer Michael Baumann.

During construction of a parcel of property located at the mouth of the Miami River. An Indigenous Sacred Ground was revealed and came close to being destroyed by developer Michael Baumann, City of Miami and Dade County through a proposal to cut, remove and relocate this very Sacred Circle. The Indigenous People did not accept this option.

Bobby C. Billie, Spiritual Leader, Independent Traditional Seminole Nation of Florida acknowledged this Ground as Sacred to all Indigenous People. He also indicated this sacred ground has Spiritual value to all people throughout the world.

Scientist and Archaeologists have verified the site to be an indigenous site that is unique in all North America and of profound significance and is priceless.

Bobby C. Billy sent out a plea asking for letters and support from Indigenous People, Native Americans, American Indians, Indian Tribes and Nations, throughout the United States and Canada that responded to this plea. He and other Indigenous people and American Indians have kept vigil at the Sacred Ground and traveled to the Capital City of Tallahassee, Florida to speak with the Governor's Cabinet to raise funds to acquire the Sacred Ground.

In February, at the request of Bobby C. Billie and other Indigenous People, Attorney Barry Silver filed a lawsuit against the City of Miami and developer Michael Baumann to protect the Sacred Ground while the county, city, and developer argued in a political battle what to do. Time was running out, the developer had his permits and was ready to develop the grounds.

The next day, the county filed a separate lawsuit against the City of Miami and developer Michael Baumann.

In an attempt to combine the two lawsuits, a motion was filed by Attorney Barry Silver to allow his clients, Bobby C. Billie and others to intervene in the County's Court Hearings against the City of Miami, and Developer Michael Baumann. During these proceedings the Indigenous people voluntarily dismissed their lawsuit. They had hoped the Court would rule in favor of their motion to intervene because of substantial Indigenous, Native American and Indian interest in the protection of their Sacred Ground.

In spite of the substantial interest of Indigenous People, Native Americans, and Indian Tribes and Nations, on April 13, 1999, the Indigenous People were denied their motion to intervene in court proceedings between the County, City, and developer.

Astoundingly even Dade County, which supposedly is concerned about Indigenous People, opposed the participation of indigenous people in the lawsuit.

On April 14, 1999, Attorney Barry Silver presented the Court with a resolution from the Five Civilized Tribes of Oklahoma - Seminole Nation, Muskogee Creek Nation, Cherokee Nation, Chickasaw Nation and Choctaw Nation in support of Indigenous People and their efforts to protect Sacred Ground. The judge again denied the Indigenous People their right to intervene.

Once again Indigenous People, Native Americans and Indian People have been denied a voice in the protection of their Sacred Ground and viewed as nonentities by public officials and the Court.

Because of the County's earlier position to remove the Circle and relocate it, Bobby C. Billie and other Indigenous People requested Attorney Barry Silver to file a motion for rehearing on the Court's denial of their petition to intervene and or consolidate to make sure Indigenous People, Native Americans and Indian People have a voice in the protection and future plans of this Sacred Ground. Judge Smith again denied this motion.

Bobby C. Billie and other plaintiffs have requested Attorney Barry Silver to refile their lawsuit against the City of Miami and the Developer. If the County fails in their lawsuit the injunction to protect the land from development will no longer take place. This will also be contingent on whether or not the County can raise the money to take over the land. It is vitally important that another lawsuit be in place asking for an injunction to protect the land from development.

While we support the County's effort to preserve the Miami Circle, the Court proceedings made it clear that they have not been consistent in this effort. Moreover it is presumptuous for the county to believe that it can adequately represent the Spiritual and Cultural interests of Indigenous people, especially in the light of the overwhelming failure of the American government in this regard in the past.

Support

Support is needed from Indigenous People, Native American, Indian People and all people to support the Indigenous and Native American and Indian efforts to protect this Sacred Ground. Right now this voice is being excluded.

1. Letters supporting the Indigenous, Native American, and Indian legal efforts to protect their Sacred Ground and support of their request to have a voice in the planning of the future to this Ground.

Send letters to:

Barry Silver, Attorney at Law
Corporate Centre, Suite 308
7777 Glades Road
Boca Raton, Florida 33434-4195

Barry Silver can be contacted by fax
for question about the Indigenous
legal efforts. Fax: (561) 488-4676

2. Participation in the indigenous legal efforts. This can be done without risk of liability.

3. Letters to the County expressing disappointment in their refusal to let Indigenous People, Native America, and Indian People intervene in the Court Proceedings.

Write to:
County Mayor Alex Penelas
111 NW 1st Street
Miami, Fl. 33128
Fax: (305) 375-3618

4. Attending an Indigenous Gathering at the Sacred Grounds to make a statement the Indigenous People, Native Americans and Indian People have a right to have a voice in the protection and future of Indigenous Sacred Grounds. Those interested in supporting this effort should contact Bobby C. Billie directly. Bobby C. Billie's contact mailing address and telephone number is:

Write to:
Bobby C. Billie
710 Oleander Avenue
Daytona Beach, Florida 33128
Phone: 904 253-0298 - FAX: (904) 253-0290

[NOTE: Indigenous People, Native Americans, and Indian People have responded to Bobby C. Billie's plea for help through Miami Circle website and Tribalink. Miami Circle website is a private website owned by individual Eve Smith. She does not represent indigenous people in the effort to protect the Indigenous Sacred Ground and will not release responses to Bobby C. Billie's request for support. Pease do not respond to this website.]

For further information contact:
Attorney Barry Silver, phone: 561-483-6900
And/Or Bobbie C. Billie, phone: 904 253-0298
email: council@luna.cas.usf.edu

Postal address:
Bobby C. Billie
710 Oleander Avenue
Daytona Beach, Florida 33128

Bobbie C. Billie, Elder and spiritual leader of the Independent Traditional Seminole Nation (ITSN) of Florida. The ITSN is not a federally recognized tribal entity.