GENERAL Crazy Horse Family Wins Apology

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Crazy Horse family wins brewery's apology

By LEE WILLIAMS Argus Leader

published: 4/26/01

The estate of Tasunke Witko -- the 19th century Oglala leader known as Crazy Horse -- has settled part of a lawsuit against one of two breweries that produced The Original Crazy Horse Malt Liquor.

As part of the settlement, John W. Stroh III, chairman of SBC Holdings, will make a public apology and peace offering today at Sinte Gleska University on the Rosebud Sioux Reservation.

"This is a victory for all Native Americans," said Seth Big Crow, a 62-year-old descendant of Crazy Horse and administrator of the estate.

On June 25, 1876, Crazy Horse and his warriors spearheaded the defeat of Lt. Col. George A. Custer's 7th Calvary at the Battle of the Little Big Horn.

This and other battles made him one of the best-known figures from the conflicts between Indians and white settlers on the Northern Plains.

Modern marketers have latched onto the recognizable name. Descendants have linked the name to more than 100 products or businesses, including the women's clothing designer Liz Claiborne Inc., which has a Crazy Horse line.

Using the name on beer bottles was particularly disturbing to many Lakota people. During today's ceremony, Stroh will offer the following items:

32 Pendleton blankets.

32 braids of sweet grass.

32 tobacco twists.

Seven thoroughbred race horses.

Big Crow said the lawsuit isn't about money. It's about keeping the name of his revered relative off of a 40-ounce bottle of malt liquor, he said.

"I would have been willing to die to prevent that," Big Crow said. "I wanted it stopped, and I wanted an apology. This is a big coup."

But the eight-year legal fight is only half over, he said. The lawsuit continues against New York-based Hornell Brewing Co., which still produces the product.

Hornell had a contract with the G. Heileman Brewing Co. to make the product, beginning in 1992.

Crazy Horse's descendants filed their lawsuit the next year in tribal court. The case eventually was moved to federal court.

The Stroh Brewery Co., now SBC, acquired Heileman in 1996 and sought to settle the lawsuit.

Elsie Meeks, U.S. commissioner for civil rights from Kyle, said the issues are similar to those involving the use of Indian names and likenesses as sports team mascots. But this was more offensive, she said.

"Crazy Horse on malt liquor bottles was one of the worst offenses by anyone's standard," Meeks said. "On liquor bottles, it's just not defensible."

As a member of the Oglala Lakota Tribe, she's pleased with the settlement.

"It's traditional and speaks to the issue that this isn't about money," she said. "It's about how you compensate for spiritual harm."

Big Crow said the use of his relative's name on liquor bottles was particularly objectionable, given that Crazy Horse denounced the introduction of alcohol to Indian people and never allowed his image to be photographed or depicted in any form.

Sweet grass and tobacco are two of the four holy items revered by Lakota people, Big Crow said. The others are sage and cedar.

He asked for 32 of each because the malt liquor was distributed in 32 states.

But Big Crow is only receiving seven horses. "That's because Stroh's is out of business and not doing well," he said.

He plans to give away many of the awards to those who have supported him during the eight-year legal battle.

The Prairie Island and Shakopee bands in Minnesota each will receive one of the race horses, Big Crow said.

Greg Dresser, the San Francisco-based lawyer who negotiated the settlement for the estate, said the lawsuit against Hornell Brewery is proceeding. The brewery continues to make and market the product, he said.

"They're the big offender," Dresser said. "They're using the name without permission, after the family expressed to them it was unacceptable.

"We've asked them to voluntarily stop marketing the product. Whether we'll be able to settle is up to them. However, the non-negotiable part of the settlement is that they stop using this name on the product."

The estate has asked for an injunction to stop Hornell from using the name or likeness of Crazy Horse to sell any product. They want a judge to order the malt liquor products or containers to be collected and destroyed. The lawsuit also seeks damages that would be three times the amount the company has made from using Crazy Horse's name on its product, plus additional damages to compensate the family for emotional distress. No trial date is set.

Sioux Falls lawyer Michael Schaffer, who represents the brewery, declined to comment. "I don't think it's appropriate to comment on pending litigation," he said.

Brewery owners John Ferolito and Dominic Vultaggio Ferolito could not be reached.

For Dresser, who usually specializes in commercial litigation, the case is atypical.

"I'm used to monetary settlements without a planned event," he said. "This is the first time I've ever had a settlement where horses were exchanged."

Reach reporter Lee Williams at lwilliam@argusleader.com or 331-2318

-- Anonymous, April 26, 2001

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Now that's class....

-- Anonymous, April 26, 2001

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