A simple public records request

As most of my friends know, I am currently working on a master’s in public administration at the John Glenn College of Public Affairs. One of my classes was PUB 6010 Legal Environment of Public Affairs. As part of that class, I was asked to submit a public records request to an agency.

Flag Road leading into Oceti Sakowin camp. The flags of 300 tribal nations line this road.

Flag Road leading into Oceti Sakowin camp.

Given that I had recently visited Standing Rock, I decided to submit a request on February 3 to the Ohio State Highway Patrol for all records pertaining to the deployment of 37 state troopers to North Dakota to assist with security regarding protests against the Dakota Access Pipeline near the Standing Rock Sioux Reservation from October 29, 2016, to November 15, 2016.

When a public records request is denied, it’s usually on the grounds that it is too broad. I didn’t think that would apply to my request, which concerned 37 specific officers deployed to a specific location on specific dates. Surely they could produce the records pertaining to that deployment.

Riot Police manhandle peaceful water protectors praying near DAPL construction and desecrated sacred sites on October 22, 2016. Photo by Rob Wilson Photography

On March 17, I received a response from P.R. Casey IV, associate legal counsel and public records manager for the Ohio Department of Public Safety, denying my request on the grounds that it was too broad. He said I had to ask for specific records rather than all records related to the deployment. This was difficult without knowing what specific records they had.

The denial put me in good company: Public records requests from both the Columbus Dispatch and Cincinnati Enquirer had been denied as well. So I called Randy Ludlow, the Dispatch reporter who had filed their request for copies of any use of force reports during the deployment.

I asked if the Dispatch was going to take legal action on their denial. Ludlow said probably yes, so I asked if I could join the case. To that he said no, but he told me about a new procedure to file a complaint about the denial of a public records request through the Court of Claims. After hanging up, I looked up the site and filed a complaint that day, along with the filing fee of $25.

Court of Claims

Within a week, I got a letter from the court saying they were accepting my complaint and referring it for mediation. I then got another letter stating that two attorneys with the attorney general’s office were filing as legal counsel for the state police. Then I got a message from an attorney at the Court of Claims wanting to have a pre-mediation conference.

Ohio state troopers at a protest near Turtle Hill near the Standing Rock reservation on November 2, 2016. By Conor Handley and downloaded by Ohio state police.

All of this freaked me out a little bit, so I did some more research. I found that the large newspapers in the state are represented by attorneys for the Ohio Newspaper Guild. I found names for two attorneys who work on public records law at a high-priced law firm in Cleveland.

On a lark I decided to call one. I was surprised when he picked up on the first ring – I had expected to reach a receptionist or an answering machine. But since he did, I explained the situation and asked his advice. He told me that I couldn’t afford to hire his law firm, but if I would send him an outline of the case, he would take a look and offer some quick thoughts. I was pretty amazed, but I sent him an email the next day, and he responded the day after that.

The attorney’s advice was excellent: Read the Ohio Sunshine Manual, get a book on how to make public records requests, and check out the complaint that the Cincinnati Enquirer had filed in the Court of Claims, which was pretty far along.

I started with the Enquirer case, which was a gold mine. The Enquirer had asked for:

  1. The names and ranks of the 37 officers sent to North Dakota under the Emergency Management Assistance Compact (EMAC) agreement between the two states
  2. All communication issued or received by the highway patrol regarding the deployment
  3. Any documents that outline the actual EMAC agreement between Ohio and North Dakota
  4. Any highway patrol documents that govern EMAC agreements.

All of these requests were denied for various reasons: 1, because of concerns for the safety of the officers; 2, as overly broad (it was the same request I made and denied for the same reasons); 3, because of security concerns; and 4, because they didn’t have such a document.

The Enquirer case then went to mediation, which failed. At that point the case was assigned to a “special master” named Jeffrey W. Clark to hold a formal legal hearing, then issue a report and recommendation. Clark began by ordering the attorneys for the state to submit a response to the Enquirer’s public records request explaining in detail why they were denying it.

Why the denial

A photo taken by Ohio state police during a protest at Turtle Hill near the Standing Rock reservation. Via Muckrock.

Within two weeks, the state attorneys filed an 84-page document consisting of 19 pages of legal arguments and 65 pages of exhibits, including an affidavit from a commanding officer for the Ohio state police and pages upon pages of what they said were threats to the safety of police officers on social media, including doxxing one North Dakota officer.

The agency’s main reasons for denying the public records request were 1) they didn’t want the identity of the Ohio state police officers known because they were worried about their personal safety, and 2) they cited a pipeline about to be constructed in Ohio and said they don’t want to divulge police strategy because they may want to use that same strategy in case of protests in Ohio.

A woman holds up a feather in front of a line of riot police on November 1, 2016. Photo by Rob Wilson Photography

Regarding their first reason for not producing the records of what Ohio state police did at Standing Rock, I thought they were far too concerned about police safety with very little concern for the safety of water protectors. In all the protests I watched online and heard about through social media, I did not see one single case of a protester carrying a weapon. Instead, I saw that a 19-year-old girl from New York City got her arm blown apart by a concussion grenade, an 18-year-old Sioux girl had her arm broken by police, another Sioux woman lost her eye to concussion grenades, while others were attacked by police dogs badly handled by private security traced to an Ohio kennel through a logo clearly visible on their truck and not licensed in North Dakota.

Remaining in prayer as the militarized police force moves in on the water protectors on Hwy. 1806 on November 1, 2016. Photo by Rob Wilson Photography

More than 100 were arrested at one raid where they were pulled at gunpoint out of a sweat lodge and rounded up at a camp. They were strip searched, had numbers written on their arms, and held in dog kennels before being charged with crimes completely out of proportion to anything they actually did. Most had little money for representation and were railroaded through a system that was stacked against them. In one case, a protester who was hurt badly enough to be hospitalized was shackled to a bed and not allowed to contact his family for weeks. In another, a protester talked an oil worker who had come into camp with a gun into giving up his weapon with no one hurt, yet the protester, not the oil worker, was charged with a felony.

Throughout all of this, the Morton County, N.D., sheriff’s department brazenly lied to the public about events when video easily proved they were lying, yet for months the media reported what the North Dakota police said as the truth while not even talking to protesters. Few journalists actually visited the camps and saw the protests for themselves, and one who did, Amy Goodman, was herself arrested and charged with felony rioting before the judge threw the case out of court.

Had online outlets like Unicorn Riot and TYT Politics, along with citizen livestreamers like Kevin Gilbertt, Johnny Dangers, and Ed Higgins not been there to document events, we would have no idea what really happened, and the Sioux would have been crushed with little fanfare – all because they wanted to protect their water supply from a pipeline that had been rerouted after people in mostly white Bismarck complained about it running next to their town’s water.

All that said – apparently one police officer from North Dakota did have his identity outed on social media (though I never saw it, and I paid a lot of attention to this issue) and felt his safety was threatened. On that basis, I decided to reiterate that identifying information about the Ohio officers could be redacted from any documents released to me. I figured that would be a show of good will and maybe make them more willing to release documents.

A photo taken by Ohio state police deployed to assist with security at the pipeline protests at Standing Rock reservation in North Dakota. Click to enlarge. Via Muckrock

Regarding the second main reason for denying the request – that a pipeline being constructed in Ohio and they don’t want to divulge police strategy because they want to use that same strategy in case of protests here — this was the security exemption they kept claiming for not releasing the records. They don’t want us to know what Ohio state troopers did at Standing Rock because they want to be able to do the same things in case of pipeline protests in Ohio.

The pipeline under construction they were likely referring to is Rover, which is owned by Energy Transfer Partners, the same company that owns Dakota Access, and is slated to go across 18 counties in the state. Construction of the pipeline has begun, and already the state has fined ETP $431,000 for 18 violations of the Clean Water Act, including a spill of millions of gallons of drilling muck that destroyed a Category 3 wetland (the highest quality) in Stark County.

EMAC Agreement

Apparently Clark, the special master in the Enquirer case, was as dissatisfied as I was with the state’s reasons for not releasing public documents regarding the state troopers’ deployment to Standing Rock. On March 8, he ordered the state to send him a copy of the EMAC agreement between Ohio and North Dakota under seal within five days so he could decide if it really was covered by the security exemption that the state attorneys were claiming.

Ribbons tied between flagpoles at Oceti Sakowin camp

Ribbons tied between flagpoles at Oceti Sakowin camp.

The state then filed a motion for a protective order for the EMAC (the first time I’ve ever heard of protective order being filed for a document). Clark granted this motion, but then ordered the state again to turn over an unredacted copy of the EMAC within five days, then he would have seven days to review it. The state turned over the EMAC on March 30, then on April 4 the state filed a motion requesting the EMAC be returned. On April 13, Clark filed for a seven day extension to review the EMAC. A few days after that, Gov. John Kasich took public responsibility for ordering the deployment of Ohio state troopers to Standing Rock.

Finally on April 24, Clark issued his report and recommendation regarding the Cincinnati Enquirer’s four-part public records request. On the first request for the names and ranks of Ohio state officers sent to North Dakota, Clark found the state had “improperly denied” this request. It was okay to withhold the names while the officers were on deployment, but now several months after their return, the state had not demonstrated the officers were at risk of harm, Clark said.

The medic tent at Oceti Sakowin camp

The medic tent at Oceti Sakowin camp

On the second request for all communications issued or received by the highway patrol regarding the deployment, Clark supported the state’s denial on the grounds it was too broad. He said the state had given the Enquirer a chance to file a narrower request, but the Enquirer had not done so.

On the third request for the EMAC agreement, Clark found it should be released. The state had asserted the document contained deployment plans, vulnerability assessments, and tactical response plans, but Clark found most of it was administrative and billing information. The state had also claimed releasing the EMAC would put other states that had agreements with North Dakota at risk, yet at least six other states had already released their own EMAC agreements.

Keeping an eye on police atop Turtle Mountain

Keeping an eye on police atop Turtle Hill

Clark did say a few portions of the EMAC could be redacted under the security exception, such as some of the militarized police equipment – yet Indiana’s EMAC contained the entire list, including 42 sidearms, 37 AR-15 rifles, 16 riot gear outfits, and 23 shotguns, among other things.

On the fourth request for policies governing EMAC agreements, the state denied the request on the basis that no such documents exist, and Clark supported the denial.

Incredibly, after the special master found the state should release the EMAC agreement, the state still refused to do so. The point of contention is the names of officers who were deployed, which are listed in the document. The state simply said no to the special master’s recommendation. The case then went to an actual trial judge at the Court of Claims, who upheld the special master’s recommendation and ordered the state to turn over the EMAC agreement. The case can now be appealed to the 10th District Court.

My public records case

A photo taken by Ohio state police looking down on activity from atop Turtle Hill. Via Muckrock. Click to enlarge.

Shortly after my public records complaint was accepted at the Court of Claims, I got a call to have a pre-mediation conference with an attorney at the court. She kept asking me specifically which records I wanted from the state police. Without knowing what they have, I just reiterated that I didn’t see why a request for records regarding specific officers sent on a specific mission at a specific location on specific dates was too broad. She said it’s possible the state police would have personal correspondence with their families in the documents. I responded that I didn’t see why state police would be sending their wives grocery lists over the state email system. The court attorney then said it was likely my case would go to mediation.

Warrior woman water protector holds sage and walks in front of riot police near the desecrated sacred sites and DAPL construction on October 22, 2016. Photo by Rob Wilson Photography

A week after that, I got a message from P.R. Casey, the attorney who had originally denied my request. He said he had a proposal for me. When I called back, he talked to me for a half-hour, which surprised me he would spend that long on my case. Casey offered to send me everything he had already sent other reporters who had filed public records requests to see if that would satisfy what I was looking for.

He also reiterated that I needed to ask for specific records. I told him that was difficult without knowing what specific records they had, and he acknowledged that was a catch-22. I agreed to look at the documents he sent, and if that wasn’t enough, maybe they would help me pinpoint specific records to request. Casey then asked if I would drop my case with the Court of Claims. I said that would depend on what I found in the documents, and he admitted that it might be up to the mediator to decide if a further request would be a new case or an addendum to this case.

A few days later, I got a huge stack of documents in the mail. They consisted of the following:

  1. Information sent to the deploying officers including weather reports in North Dakota, employee assistance information, how to vote absentee, and how to get travel reimbursements.
  2. A use of force incident report with so much redacted that there’s no way to know what happened except that it was at Mandan County Correctional Center, where many of the people arrested at Standing Rock were held.
  3. Financial documents showing that Ohio state police requested $574,271 in reimbursement from North Dakota for the cost of the deployment – $512,921 for personnel costs including $271,992 in overtime, plus $58,824 in travel costs and $2,530 in assorted costs including $1,473 for a cost that was redacted. It also showed the officers routinely worked 12 to 14 hour days while deployed at Standing Rock.
  4. One disk of photos and videos taken by Ohio state troopers during the deployment, and one disk of videos taken by others during the deployment. The first disk showed that police had a sniper positioned on a hill above one of the main protest locations, and that they had someone embedded in with the protesters during the action. The second disk included video of activist Erin Schrode being shot by a rubber bullet. See more here
  5. One commander’s personnel file with personal information redacted, with a promise to go through the emails of two commanders that reference North Dakota or the Emergency Management Assistance Compact.

Sniper shown sitting on top of Turtle Hill in photo released by Ohio state police. Via Muckrock. Click to enlarge

This was a lot of interesting information, especially the photos and videos, which were released without any difficulty. I’ll have to remember that as a public records request trick next time. Another trick was asking for emails from addresses ending in “nd.gov” or “mortonnd.org” or addressed to specific commanding officers with the Ohio state police. A third trick was asking for financial documents.

A few weeks later, P.R. Casey sent another thing I had asked for, the list of other public records requests the state police had received from the date of the deployment until the present. I had meant to ask only for other requests about the deployment to Standing Rock, but what Casey sent me was an 88-page list of every request the state police have gotten. Most were news media and attorneys asking for accident reports. Only a few were about Standing Rock. It is interesting to see the sheer volume of requests this agency gets every week – it’s a lot.

Mediation

Protests at the bottom of Turtle Hill in a photo taken by Ohio state police. Via Muckrock. Click to enlarge.

After that, the attorney from the Court of Claims contacted me again to ask if the response to my complaint had satisfied me or if I wanted more documents. From looking at the documents Casey sent, I was able to decide which specific things I wanted to ask for: a copy of the EMAC agreement, which for my purposes could be redacted; copies of the daily briefings given to Ohio state troopers; and any use of force reports, the same request as was made by the Dispatch.

Like the Cincinnati Enquirer case, my case did end up going to mediation. During a 30-minute teleconference, state attorneys agreed to send me a copy of the EMAC with the officers’ names redacted, but denied my requests for the daily briefings and use of force reports on the basis of the security exemption to the Public Records Act.

This is the militarized police force sent to confront and remove water protectors on November 1, 2016. Photo by Rob Wilson Photography

The attorneys did clarify that the redacted use of force report they had sent previously was really a compilation of all the RTR, or response to resistance, reports that Ohio state troopers had filed during the entire deployment to North Dakota. They thought these reports would have the details I was looking for about what exactly Ohio state troopers did in Standing Rock, but that was also why they had redacted all of the information.

After that, the mediator asked me to dismiss my complaint so they could close my case. He said if I want to pursue additional legal action to get the briefing emails and response to resistance report, I would have to submit a new public records request, have that denied, go through mediation again, and likely take it to a trial court, where I would need to counter the state’s arguments as to why these documents can be withheld under the security exemption.

That’s really beyond what I as a citizen without an attorney or time to do detailed legal research can do, and I’m sure they know that. The Dispatch was also denied access to the use of force reports, and unlike me, they have attorneys, so I hope they pursue their case as the Enquirer did.

Postscript

Three days after my mediation, The Intercept published leaked copies of 13 briefings given by a private security firm called TigerSwan to officers deployed to Standing Rock. The documents are appalling. They show exactly what all of us thought – that police were conducting nothing less than a counter-insurgency operation such as our troops have done in Iraq – only this one was aimed against peaceful American citizens simply trying to protect their water. The report shows how militarized police treated water protectors as jihadist enemy to find, fix and eliminate. It is a must-read for anyone who wants to understand what happened at Standing Rock.

Water protectors march down desecrated sacred ground to stop the Dakota Access Pipeline on October 22, 2016. Photo by Rob Wilson Photography

A Thanksgiving trip to Standing Rock

I first heard about the protest at Standing Rock Sioux Reservation in North Dakota from actress Shailene Woodley. Back in August, she was following a group of youths who were literally running from Standing Rock to Washington, D.C., to protest the Army Corps of Engineers okaying the Dakota Access Pipeline to cross the Missouri River just a mile from the reservation.

This was just the beginning of public attention to the battle against the Dakota Access Pipeline, a fight that started with a few hundred people camping out near the reservation in April. By the time I visited the Oceti Sakowin, or Seven Council Fires, camp over Thanksgiving, the number of campers had swollen to over 10,000. Why did this fight capture the attention of the nation?

Why Standing Rock?

Flag Road leading into Oceti Sakowin camp. The flags of 300 tribal nations line this road.

Flag Road leading into Oceti Sakowin camp. The flags of 300 tribal nations line this road.

First is climate change. Science tells us that if we want a chance of keeping global warming to 2 degrees C — and the Paris Agreement calls for 1.5 C — we can’t install any more fossil fuel infrastructure. No new fracking, no new drilling, no new pipelines.

To hold warming to 2 C, we can’t put more than 800 gigatons of carbon into the atmosphere, according to a study by 14 organizations for Oil Change International. Yet current oil and gas operations are on track to burn 942 – not to mention the 2795 gigatons of carbon in current known fossil fuel reserves. We must start the transition to renewable energy now.

A sign commemorates Native American political prisoner Leonard Peltier

A sign commemorates Native American political prisoner Leonard Peltier

Second is environmental justice. The 1, 172-mile-long Dakota Access Pipeline was originally set to cross the Missouri River just north of Bismarck. However, when concerns were raised about the safety of Bismarck’s drinking water, the river crossing was moved near the reservation. No one thought to ask the same questions about drinking water for the Standing Rock Sioux.

Finally was the question of civil rights. Here was a group of Native Americans simply trying to protect their drinking water – yet the videos of militarized police and security troops cracking down on them were utterly shocking and seen throughout the world via social media.

Militarized police crackdowns

Labor Day weekend was the first time the police brutality toward pipeline protesters – more accurately known as water protectors – broke into the national consciousness. The pipeline company, Energy Transfer Partners, had starting digging up an area the tribe had indicated just the week before was a sacred burial ground.

A water protector waves a flag marking the year Eurpoeans and Native Americans first met.

A water protector waves a flag marking the year Eurpoeans and Native Americans first met.

Water protectors who had gone to the area to hold a prayer ceremony found bulldozers ripping up their ancestral graveyards. When they tried to stop it, they were met by private security guards with attack dogs. Amy Goodman of Democracy Now was reporting on site that day, and got video of the attacks, including dogs with blood dripping from their mouths. Her report was picked up by several mainstream news outlets and seen by 12 million people.

From there the violence by police against peaceful water protectors got worse. Every day water protectors held marches, vigils, and prayer ceremonies. Many of these events were broken up by police. On October 9 Shailene Woodley was arrested as she streamed live to 40,000 viewers on Facebook.

On October 27, police raided the frontline Treaty of 1851 camp, pulling elders out of a sweat lodge at gunpoint and destroying tents and camping materials. More than 140 people were arrested, strip searched, marked with numbers on their wrists, and kept overnight in dog kennels.

A water protector waves at police atop Turtle Mountain.

A water protector waves at police atop Turtle Mountain.

On November 2, hundreds of water protectors were pepper sprayed and beaten with clubs as they tried to cross the Cannonball River to go to Turtle Island, an ancestral burial mound where police had set up a lookout point. Journalists streaming the chaos were shot with rubber bullets in the middle of on-camera interviews.

Then on November 20 was a night of violence that water protectors will never forget. After the October 27 raid, police had erected a road block north of the camp on Hwy. 1806, the main road from the reservation to Bismarck, where everyone went to buy supplies or go to the doctor.

When water protectors tried to move the roadblock, they were met with the kind of force we associate with third-world dictatorships. Police shot flare guns at them, which started fires in the grass. They then used firehoses on the protectors, even though the temperature was only 27 degrees. One woman, Vanessa Dundon of the Navajo Nation in Arizona, was shot in the face with a tear gas canister, blinding her in the right eye. Another woman, Sophia Wilansky of New York, almost had her arm amputated when she was hit with a concussion grenade.

Getting involved

A banner at Oceti Sakowin camp says Mni Wiconi or Water is Life

A banner at Oceti Sakowin camp says Mni Wiconi or Water is Life

Watching this story unfold for months on social media– mainstream media either wasn’t covering it or was taking the word of the police for everything – spurred me into action. When pipeline security used attack dogs on water protectors, online activists traced those dogs to a kennel in Ohio, and I filed a formal complaint with the state.

When I read that Ohio sent 37 state troopers to assist with the militarized police crackdown, I started a petition to bring them home on change.org that garnered almost 50,000 signatures. I then accompanied four native American activists from Ohio, along with Ohio Sierra Club Director Jen Miller, to meet with Gov. Kasich’s office.

Throughout I circulated action alerts, petitions, and call sheets for others to get involved as well.

Finally over the week of Thanksgiving, I got to visit Standing Rock. To be honest, after the violence that had occurred the weekend before, I almost didn’t go. But in the end I went, and I’m glad I did because to really understand something, you need to see it for yourself.

Peace and community

My friend Atticus Garden and me near Turtle Mountain.

My friend Atticus Garden and me near Turtle Mountain.

What I found at camp was very different from the chaos I had seen on social media: a sense of peace, prayer, and community – even among 10,000 people who had never met. It started when I was still in Bismarck. I joined a Thanksgiving Day protest there to highlight the genocide that Thanksgiving had meant for native peoples.

Police had shut off all roads accessing the protest, and cars belonging to water protectors were being towed. I was one of the few people with room in my rental car, so I drove a group of protectors from the San Francisco area back to camp. Even though I had never met them before, I felt an instant kinship as we talked about race, colonialism and oil.

Because the main highway was still closed, it took 75 minutes to drive from Bismarck to Standing Rock via an alternate route. I’ll never forget rounding a corner coming north on Hwy. 1806 and seeing the huge Oceti Sakowin camp spread out in the valley below.

The medic tent at Oceti Sakowin camp

The medic tent at Oceti Sakowin camp

Crossing the Cannonball River to get to camp takes you technically out of the Standing Rock reservation but onto land the Sioux claim as part of the 1851 Treaty of Fort Laramie. Flags of the 300 Native American tribes that stand in solidarity with Standing Rock, lined the highway leading up to the camp entrance, then both sides of Flag Road driving into camp.

Letter to water protectors

Letter to water protectors

Oceti Sakowin camp functioned as a small city. There were roads, gathering spaces, seven kitchens, a medical tent, volunteer tent, media area, tool shop, and clothing tent with enough coats, blankets, pants, shirts, hats, gloves, and so forth to fill a Goodwill store. Although there was no running water, porta-potties were plentiful, reasonably clean, and stocked daily.

That afternoon I had a wonderful Thanksgiving Day dinner at Standing Rock Community High School. Celebrities such as Jane Fonda were there, but they were not the center of attention. Speakers were indigenous people and water protectors themselves. The cafeteria walls and tables were covered with cards and letters of support from children all over the country.

Vision and values

The day after Thanksgiving I attended an orientation in the morning and an action training in the afternoon. Both went well over two hours but were full of information.

The view of camp from Media Hill. Orientation was held in the big white dome.

The view of camp from Media Hill. Orientation was held in the big white dome.

For orientation I packed into the camp’s big white dome with 200 others, standing toward the back. The speakers went through camp protocols – for example, drugs, alcohol, and weapons were absolutely forbidden so as not to give the police any excuse for a raid. Many protocols were simply to help 10,000 people co-exist peacefully; for example, we were asked to use headphones to listen to music.

Other protocols were specific to native culture; for example, we were asked to stay off burial mounds, and women were asked to wear a skirt even over our pants. I didn’t know to bring a skirt and couldn’t find one at the clothing donations or the nearby casino lodge, so I ended up out of protocol along with half the other women. Next time I’ll know better.

Most of the discussion at orientation centered on the camp’s four main tenets:

  • Indigenous centered, or listening to indigenous people, allowing them to speak first, and conforming ourselves to their ways while a guest on their land.
  • Build a new legacy beyond racism, colonialism and exploitation of people and planet.
  • Be of use, whether helping to chop wood, cook meals, construct a yurt, organize clothing donations, wash dishes, or just pick up trash around camp.
  • Bring it home, or taking back experiences and new ways of looking at things with us when we left.
Ribbons tied between flagpoles at Oceti Sakowin camp

Ribbons tied between flagpoles at Oceti Sakowin camp

Values at camp included prayer, respect, compassion, honesty, generosity, humility, and wisdom. Unfortunately not all non-native visitors had upheld them. One visitor had caused offense by wearing a feather headdress. Orientation leaders explained that headdresses are singular signs of honor and not a cultural icon for non-natives to appropriate. Native peoples very rarely use headdresses even though white cultures constantly depict native Americans as wearing them.

Another group of non-natives had come to Oceti Sakowin camp to party, comparing their experience to being at Burning Man. Oceti Sakowin was definitely not Burning Man. It was a peaceful prayer camp designed to resist the fossil fuel industry and exploitation in all forms, and to build a new community based on equality, sustainability, and peaceful co-existence.

Action training

Hwy. 1806 at Oceti Sakowin camp

Hwy. 1806 at Oceti Sakowin camp

The action training was a little awkward given that over 200 people attended. Normally they would have staged a realistic mock action, showing people what to do in case of police violence. Our mock action could not be as realistic, but I did learn about how to prepare for such events from people who had earned their chops during the 1999 WTO protests in Seattle.

  • Bring goggles to protect your eyes from tear gas and pepper spray. Large lab goggles can go over glasses, but airholes need to be taped up.
  • Bring a bandana or scarf to cover your mouth.
  • Don’t show up at an action wearing all these things. You don’t want to look like you are ready for a riot. Just have them in your bag in case you need them.
  • Link arms to build a solid wall of people.
  • Have water or Maalox on hand in case eye washes are needed, and know how to wash out the eyes of others.
  • Write the phone number of jail support on your arms in case you need it.

During the action training, by total chance I wound up standing next to Kenny Myers, who I had met at a climate workshop in Columbus. He was at camp with a group of Ohio people including Max Slater and former Bernie campaign staffer Atticus Garden. They were staying with Benji, a Standing Rock Sioux tribe member who had been there since April.

The flag at Benji's camp, where the Ohio people were staying.

The flag at Benji’s camp, where the Ohio people were staying.

After the action training, Kenny and I went to Benji’s camp, and then the four Columbus people went to see Turtle Island, the scene of chaos on November 2 when police beat back water protectors trying to cross the Cannonball River. Photos from that day showed that some of the officers spraying the crowd with tear gas had Ohio State Patrol insignias on their shoulders.

Just the day before, Atticus had participated in an action in which water protectors laid down foot bridges to cross the river. This time they were successful, and video showed dozens of water protectors at the bottom of the hill while police sprayed water down from the top to freeze the sides so no one could get up. Now, busted-up kayaks were strewn along the base of the hill, and police had surrounded it with razor wire to keep water protectors from crossing onto it again.

After getting some photos, Kenny and I headed to the kitchen area for dinner. Friends who had visited Standing Rock in September described cooking soup in vats over open fires, but by the time I arrived, they had modern ovens on flatbed trucks powered by generators. I had an amazing dinner of eight vegetables and a small piece of salmon.

Busted up kayaks and canoes at the bottom of Turtle Mountain

Busted up kayaks and canoes at the bottom of Turtle Mountain

Afterwards, the four Columbus people headed to an outdoor concert that could best be described as indigenous rap. It was cold outside, but the audience packed together, warming things up. I wish I knew the names of the bands that performed – they seemed to be from all over the country, and all indigenous. The songs centered on colonialism and exploitation of people.

I remember one refrain, “We didn’t cross the borders. The borders crossed us,” about how the lines of indigenous lands keep changing depending on what white people want. The treaty of 1851 had given the Standing Rock Sioux much of the land where the Dakota Access Pipeline was now being built; that treaty had been broken long ago after white people found gold in the black hills. After 500 years, the pipeline was just one more example of broken treaties and colonialism against native peoples, who have a much longer memory of these things than we do.

Prayer ceremony

The next morning, I met my friend Doug Grandt, who I know from Climate Reality training, for brunch. Doug is a retired engineer who once worked for Exxon and now leads the life of a roving climate activist. He had spent several weeks at Standing Rock. Joining us was his friend Peter Anderson, an accomplished photographer who showed us a slideshow of pictures he took on Labor Day weekend when pipeline security attacked water protectors with guard dogs.

Redbud Camp is across the Cannonball River from Oceti Sakowin

Redbud Camp is across the Cannonball River from Oceti Sakowin

Just that morning the Army Corps of Engineers had issued a statement that they planned to close all access to Oceti Sakowin camp on December 5 and were asking water protectors to leave “for their own safety” because winter was coming. We knew the water protectors were not going to go anywhere, so we mapped out how they might still get supplies after the road was closed.

A display at Oceti Sakowin camp points to way to may places

A display at Oceti Sakowin camp points to way to may places

Also affecting the situation was news that 2,000 veterans were going to show up at Oceti Sakowin on December 4. This gathering had already been planned with the purpose of providing support and protection for water protectors against the ongoing violence from police.

After brunch, Peter went to his truck to get a book to recommend to me: Learning to Die in the Anthropocene, by Roy Scranton. Based on a 2013 essay, the book explores the parallels of what Scranton saw as a U.S. Army private during the war in Iraq with what we are seeing from climate change. I ordered the book immediately and hope to read it over Christmas break.

Next I headed to camp. At 2 p.m. was a beautiful prayer circle ceremony planned by a group called Unify, which livestreamed from the scene and had 40,000 people joining in online. The ceremony was held near the foot of Turtle Island. About 300 people got in a big circle, and ceremony leaders came around with burning sage. Then elders came inside the circle and spoke to us about life on earth and why we are here. We ended with 15 minutes of silent prayer.

Keeping an eye on police atop Turtle Mountain

Keeping an eye on police atop Turtle Mountain

I couldn’t hear everything the elders said, but I remember the number four being important: four winds, four directions, four types of life — rock, water, four-legged creatures, winged creatures. We were told to unify the four parts of ourselves — intellectual, emotional, spiritual, and physical — into one purpose. If we ran around chaotically, the result would be chaos. If we spent our time on frivolous things, the result would frivolous. But if we unify ourselves for one larger purpose, that is what we will achieve.

Before the ceremony started, the police called down to us over their bullhorn from the top of Turtle Island, saying they would “back off and let you have your ceremony if you stop buzzing us with those drones.” Apparently the drones, with their tiny propellers that sound like mosquitoes, drive the cops crazy. The police did back off, but the drones kept flying as normal.

Cast of characters

Bernie supporter Oscar Salazar gets his photo taken near Turtle Mountain

Bernie supporter Oscar Salazar gets his photo taken near Turtle Mountain

After the prayer ceremony most people left, but I lingered around in the shadow of Turtle Island. A lot of other interesting people did too. I met Oscar Salazar, the millennial who gained fame during the Bernie campaign for wearing a Bernie onesie everywhere. He was still wearing it at Standing Rock. I also met Aviva, a ukulele singer who had performed at the Thanksgiving dinner. She sang “Somewhere Over the Rainbow” to the police.

I also met Jordan Chariton of The Young Turks and TYT Politics, one of the best journalists working today who has spent a lot of time reporting from Standing Rock. Jordan was interviewing actress Frances Fisher, but found some time to get a picture with me.

Me with Jordan Chariton of TYT Politics, one of the best journalists working today

Me with Jordan Chariton of TYT Politics, one of the best journalists working today

Finally the sun went down, and I walked back to my car to go get dinner at the Prairie Knights Casino Lodge. Sitting on the trunk of my rental and on all the cars around mine were little care packages of cookies and water. I was happy to have this unexpected snack, especially as the sit-down restaurant at the casino had no tables available and the line for the buffet was an hour long.

It was almost 10 p.m. by the time I got food and got out, reeking of cigarette smoke. I decided to go back to my hotel in Bismarck, thinking I could return the next day for a few hours before flying out. But when I woke up the next day, I was really sick and didn’t have the stamina for another round trip. Instead I caught a showing of Arrival and flew home.

Forgiveness and victory

Oceti Sakowin camp from Hwy. 1806. Red Fawn is a water protector arrested on October 27 and still being held by police.

Oceti Sakowin camp from Hwy. 1806. Red Fawn is a water protector arrested on October 27 and still being held by police.

It was a very quick trip to Standing Rock, and I wanted very badly to stay longer. A week after I got back, 2000 veterans led by Wes Clark Jr. and Michael Wood began arriving at Oceti Sakowin. That same day, the Army Corps of Engineers finally issued its decision about the easement for the Dakota Access Pipeline to cross the Missouri River: The easement was denied for that location, and any other location would need a full Environmental Impact Statement.

Even more thrilling, on December 5 was a ceremony in which Wes Clark Jr. on behalf of all the veterans who had come to Standing Rock asked for forgiveness for past injustices the military had committed against Native Americans. Among Clark’s remarks:

Child's letter to water protectors

Child’s letter to water protectors

“Many of us, me particularly, are from the units that have hurt you over the many years. We came. We fought you. We took your land. We signed treaties that we broke. We stole minerals from your sacred hills. We blasted the faces of our presidents onto your sacred mountain. When we took still more land and then we took your children and then we tried to make your language and we tried to eliminate your language that God gave you, and the Creator gave you. We didn’t respect you, we polluted your Earth, we’ve hurt you in so many ways but we’ve come to say that we are sorry. We are at your service and we beg for your forgiveness.”

TYT Politics interviews actress Frances Fisher about Standing Rock

TYT Politics interviews actress Frances Fisher about Standing Rock

It was an amazing end to a nine-month saga in which the struggle of this tribe had gone from obscurity to worldwide sympathy and support. I felt privileged to have seen the Standing Rock Reservation and Oceti Sakowin camp at its height. Doug, Peter, and I had talked about how the camp evolved over the months and could easily grow into a permanent settlement.

However, I don’t know if that will happen. As soon as the decision denying the easement was announced, a major blizzard hit the area, and tribal chairman David Archambault II asked all non-native water protectors to go home. Most of them did when they were able to leave.

For its part, Energy Transfer Partners has vowed to continue pipeline construction, convinced that the Trump administration will reverse the denial of the easement. However, Kandi Mossett from Indigenous Environmental Network says Trump can’t simply reverse this order, and will still have to do the full Environmental Impact Statement. She believes the Standing Rock Sioux got exactly what they asked for, and counts the denial of the permit as a major victory.

Blueprint for hope

Sunset on the Canonball River

Sunset on the Canonball River

Ultimately the story of what happened at Standing Rock is one of great hope. Despite the fact we have a fossil-fuel president taking office in January. Standing Rock provides a blueprint for how to fight this form of exploitation. Water protectors stayed peaceful and united no matter how much violence was used against them, and just as in the Indian independence movement of the 1940s, civil rights movement of the 1960s, and anti-apartheid movement of the 1980s, peaceful water protectors won the hearts, minds, and support of people all over the world.

Teepee at night

Teepee at night

Indigenous people everywhere are at the front lines of the climate fight. We’ve seen it in the resistance to the Tar Sands in Canada and drilling at Yasuni National Park in Ecuador. This fight has now come to the United States. Indigenous people are the right people to lead the fight against fossil fuels and the way to a sustainable and just transition to clean energy.

Indigenous people know better than anyone else how to live in peaceful co-existence with nature. They have also borne the external costs of fossil fuel exploitation most directly. My trip to Standing Rock showed me how exploitation of the earth goes hand in hand with exploitation of people, and that we need a new relationship not just with nature but with each other.

For 500 years our country has not addressed its history built on the genocide of native Americans. We need to — for their sake, our sake, and the sake of the environment we all share. As we move forward in seeking action on climate, let us not forget the people who bear the greatest costs, so we can figure out how to transition most equitably to a new world.