American Indian artist Peggy Fontenot is in the Patawomeck tribe, which is recognized by the state of Virginia, but not by the federal government. As a result, an Oklahoma state law forbids her from telling the truth about her heritage.
From Reason:
A state law, passed earlier this year, forbids artists from marketing their products in Oklahoma as being “American Indian-made” unless the artist is a member of a tribe recognized by the U.S. Bureau of Indian Affairs.
The Patawomeck tribe is recognized by the state of Virginia, but not by the federal government. Fontenot says she can trace her Native American heritage back to the 16th Century, when the tribe was one of the first to welcome settlers from Europe who landed on the east coast of Virginia. She’s been working as an artist since 1983, doing photography, beading, and making jewelry.
“I was born an American Indian. I’ve always been an American Indian,” says Fontenot.
A lawsuit filed Tuesday in U.S. District Court in Oklahoma City argues that Oklahoma’s law violates the First Amendment by restricting the speech of artists like Fontenot.