BANGOR (AP) – A federal judge ruled that the Aroostook Band of Micmacs is not subject to state employment laws or the Maine Human Rights Act, but the ruling leaves open the bigger question of whether the tribe is subject to any state laws.

U.S. Magistrate Judge Margaret Kravchuck ruled Monday in a lawsuit stemming from the tribe’s 2001 firing of three Aroostook County women. The women complained to the Maine Human Rights Commission that their terminations violated the Maine Whistleblower Protection Act.

The commission found in the women’s favor, but the small northern Maine tribe contended the commission, which is a state agency, does not have jurisdiction over the tribe’s affairs since the band is a sovereign nation.

Kravchuck ruled in the tribe’s favor by striking down a 1989 state law that specifically made the Micmacs subject to state law. The law was never certified by the tribe and therefore never took effect, she ruled.

The state has 30 days to appeal to the 1st Circuit Court of Appeals in Boston.

“We will be considering all our options,” said Assistant Attorney General Christopher Taub, who represents the Maine Human Rights Commission in the case.

In deciding the case, Kravchuk said a 1991 settlement between the tribe and the federal government “at a minimum, protects the tribe’s power to determine the structure and internal operations of the governing body itself.” That right of self-governance includes employment decisions, she said.

But the ruling leaves open the question of what other powers the tribe’s right of self-governance includes.

The decision could dictate whether the tribe pursues opening a tobacco shop free from state taxes near its Presque Isle headquarters. State officials consider the tribal, tax-free tobacco shop a violation of state laws.

On Monday, Micmac Chief Billy Phillips lauded Kravchuk’s ruling, but reserved comment on whether the tribe would pursue its tobacco venture.

“At the moment, there’s nothing planned, but we will be talking about our game plan over the next few days,” Phillips said.

The state’s three other federally recognized tribes – the Passamaquoddy Tribe, the Penobscot Indian Nation and the Houlton Band of Maliseet Indians – are covered under a 1980 settlement with the state that subjects those tribes to most state laws. The Micmac tribe, which was not federally recognized at the time, is not named in that agreement.

State attorneys argued that the 1980 settlement was meant to cover all Indians in Maine and therefore does apply to the Micmacs.

Federal magistrate judges normally make recommendations that must be reviewed by federal district judges. In this case, the parties agreed that Kravchuk’s decision would be final.

—

Information from: Bangor Daily News, http://www.bangornews.com

AP-ES-12-06-05 1028EST