Drinking Laws On Indian Reservations: The 21 Rule Explained

Alcohol laws on Native American reservations in the United States have been a contentious issue since Europeans first introduced liquor. Native Americans have disproportionately suffered from alcohol-related harm and addiction, with 11.7% of deaths among contemporary Native Americans and Alaska Natives linked to alcohol—over twice the global average.

Federal laws restricting alcohol sales to Native Americans were enacted as early as 1701, but with little effect. In 1832, the Office of the Commissioner of Indian Affairs was created to restrict alcohol sales on Indian lands, and in 1834, Congress passed a law imposing a fine of $500 for selling alcohol to Native Americans.

In 1953, federal law was changed to allow tribes to repeal prohibition by enacting their own alcohol policies. Today, tribes have the right to establish alcohol regulatory policies on their lands, but these must adhere to state alcohol control systems.

The impacts of alcohol availability on reservations are complex and far-reaching, affecting individuals, families, and tribes overall. Alcohol-related problems are shaped by and shape a range of social and ecological conditions, including kinship, housing, employment, public services, and spiritual life. Bootlegging is common, and reservation residents also obtain alcohol from nearby border towns.

Tribal leaders face challenging decisions when formulating alcohol policies, weighing the potential benefits of increased revenue against the negative consequences of alcohol availability.

Federal law prohibits alcohol sales on reservations unless the tribal government allows it

Federal law prohibits alcohol sales on Native American reservations unless the tribal government permits it. This means that if the tribe has exercised local control to permit alcohol sales, it is legal.

In 1778, the Treaty of Fort Pitt created an alliance between the newly formed country and the Lenape tribe. Later, President Thomas Jefferson requested legislation prohibiting alcohol on tribal lands in 1802. Congress passed a law giving the President authorization "to prevent or restrain the vending or distributing of spirituous liquors among all or any of the said Indian tribes."

The need for additional regulation led to the 1832 creation of the position of Commissioner of Indian Affairs. The legislation creating this office included the following language: "No ardent spirits shall be hereafter introduced, under any pretense, into the Indian country." This law was expanded by additional legislation in 1834 creating penalties for the sale, barter, or introduction of alcohol onto Native American lands. The reservation ban on alcohol, coupled with a prohibition of alcohol being sold to Native Americans to resell or to consume, even off reservations, would continue for over a century, even after the 21st Amendment ended national prohibition.

After World War II, Native American veterans and their allies pushed for the rights of Native Americans to drink alcohol outside of reservations and for reservations to allow alcohol. The end of alcohol prohibition for Native Americans came in 1953. Native Americans were allowed to be served and drink alcohol across the country, and reservations were allowed the presence of alcohol, barring tribal regulations.

Federal law mandates that Native American tribes must follow state alcohol laws on reservations. This can lead to tension between state and tribal governments on sales restrictions, advertising, enforcement, and other subjects. However, the tension also created the opportunity to work together on important issues, such as alcohol education and safety.

The US Supreme Court ruled in 1975 that Indian tribes could make their own liquor regulations on reservation land

The US Supreme Court's ruling in 1975 that Indian tribes could make their own liquor regulations on reservation land was a significant moment in the history of Native American self-governance. The Court's decision recognised the sovereignty of Native American nations and their right to determine their own laws regarding alcohol sales and consumption on their lands. This ruling was a departure from previous federal laws that prohibited alcohol sales on reservations.

The Court's decision was based on the recognition that Native American communities have unique cultural and historical contexts that should be considered when creating alcohol policies. This ruling allowed Native American tribes to create alcohol regulations that reflected their specific needs and values. For some tribes, this meant continuing to ban alcohol sales and consumption on their lands, while others chose to legalise and regulate alcohol.

The impact of this ruling has been mixed. On the one hand, it has allowed Native American communities to retain revenues from alcohol sales that previously went to state governments. These revenues can now be used to support economic development, health care services, and other community initiatives. Legalising alcohol sales has also enabled the development of resorts and casinos, generating additional economic opportunities.

However, there have also been negative consequences. Alcohol availability has been linked to increased social problems, including violence, child neglect, and economic hardships in some communities. Additionally, the illegal status of alcohol on some reservations has given rise to bootlegging, creating additional challenges for law enforcement and public safety.

Overall, the US Supreme Court's ruling in 1975 recognised the sovereignty of Native American nations and their right to self-governance regarding alcohol regulations. The impact of this decision has been complex, with both positive and negative consequences for Native American communities.

Alcohol misuse is associated with the development of diseases like hearing and vision problems, kidney and bladder issues, and liver problems

Alcohol misuse is associated with the development of many diseases, including those affecting the liver, kidneys, bladder, and even the eyes and ears. Alcohol misuse can lead to hearing and vision problems, as well as kidney and bladder issues.

Hearing and Vision Problems

Alcohol misuse can cause hearing and vision problems. Alcohol is a neurotoxin, meaning it is poisonous to nerve cells, and can damage the brain and nervous system. This can lead to problems with thinking, memory, and coordination, as well as changes in personality. In addition, alcohol misuse can cause peripheral neuropathy, which often presents as a "stocking-glove" sensory loss in the extremities and painful burning in the feet.

Kidney and Bladder Issues

Alcohol misuse can also lead to kidney and bladder issues. It is the leading cause of chronic pancreatitis and the second leading cause of acute pancreatitis. Acute pancreatitis is a common reason for hospitalisation related to the gastrointestinal system, with about 291,000 admissions annually in the US. Alcohol misuse can also cause gastrointestinal inflammation and bleeding, increasing the risk of gastrointestinal bleeds.

Liver Problems

Alcohol misuse is a major cause of liver disease, which can progress through several stages, from fatty liver to alcoholic hepatitis and eventually to cirrhosis. Alcohol-associated liver disease (ALD) is a growing contributor to alcohol-related morbidity and mortality, and it is now the leading reason for liver transplantation in the US. ALD includes a range of pathological conditions, such as steatosis (accumulation of fat), steatohepatitis (inflammation), fibrosis, and cirrhosis (scarring) of the liver. Abstinence is crucial for improving the prognosis of ALD, and patients with alcohol use disorder should receive treatment and be encouraged to maintain abstinence.

In summary, alcohol misuse can have severe and wide-ranging impacts on the body, including hearing and vision problems, kidney and bladder issues, and liver damage. These issues can have significant short-term and long-term effects on health and well-being.

Native Americans are more susceptible to alcoholism and related diseases and deaths

Native Americans are more susceptible to alcohol-related diseases such as hearing and vision problems, kidney and bladder problems, head injuries, pneumonia, tuberculosis, dental problems, liver problems, and pancreatitis. Alcohol misuse is also associated with fetal alcohol spectrum disorder, which affects Native Americans at a rate of 1.5 to 2.5 per 1,000 live births, more than seven times the national average.

The reasons for the higher susceptibility of Native Americans to alcoholism are complex and multifaceted. Historical trauma, such as the loss of traditional community lands, cultures, and ties, as well as the stress of acculturation, have been identified as contributing factors. Additionally, personal and historical trauma, early age of onset of drinking, and a lack of contingency between access to basic life reinforcers and sobriety have been implicated.

Genetic factors may also play a role, as substance dependence has been shown to have a substantial heritable component, with about 50% of the risk resulting from genetic influences. However, the specific genetic variants contributing to the increased susceptibility in Native Americans are still being studied and remain inconclusive.

The high rates of substance dependence in Native Americans are likely due to a combination of genetic and environmental factors, including a lack of genetic protective factors and the presence of genetically mediated risk factors, which interact with environmental factors such as trauma exposure, early age of onset of use, and socioeconomic hardships.

Bootlegging is common on reservations

The term "bootlegging" refers to the illegal business of smuggling and selling alcoholic beverages in areas where such transportation or sale is forbidden by law. The practice is believed to have originated during the American Civil War of 1861-1865, when soldiers would sneak liquor into army camps by hiding pint bottles in their boots or trouser legs. The term came into general use in the 1880s when white Midwesterners would conceal flasks of liquor in their boots while trading with Native Americans.

Bootlegging was widespread during the Prohibition era in the United States (1920-1933), when the Eighteenth Amendment banned the sale of liquor, creating a high demand for illicit alcohol. While Prohibition was eventually repealed with the Twenty-first Amendment in 1933, bootlegging has continued in various forms, especially in dry areas.

Native American reservations, where tribal sovereignty and federal, state, and tribal alcohol regulations intersect, have been particularly susceptible to bootlegging. While the specifics vary depending on the state and the tribe, liquor sales on reservations must generally conform to both state law and tribal ordinances. In some cases, tribes have been permitted to set their own minimum purchasing and consumption age, which can be lower than the age prescribed by state law. This discrepancy, along with other regulatory differences, can create opportunities for bootlegging.

Additionally, reservations often face unique challenges regarding law enforcement and jurisdiction, which can hinder the prevention and prosecution of bootlegging. For example, the Bureau of Indian Affairs has proposed amendments to clarify the authority of Courts of Indian Offenses and increase penalties for various offenses, including drug abuse and the sale of alcohol to minors. These challenges can create a more favourable environment for bootlegging to occur.

Economic factors may also contribute to the prevalence of bootlegging on reservations. For instance, high taxes on alcohol in certain jurisdictions can create a financial incentive for individuals to engage in the illegal sale and distribution of untaxed liquor. Furthermore, limited economic opportunities on some reservations may drive individuals towards bootlegging as a means of income.

The issue of bootlegging on Native American reservations is complex and influenced by historical, cultural, legal, and economic factors. While efforts have been made to address the issue, it remains a persistent problem in certain areas.

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