Lessons from the past
In these circumstances, when Gypsies and Travellers are being evicted from unauthorised encampments on public authority land and unauthorised developments, there will be an increasing possibility to challenge any eviction action when the local authority in question has not yet provided the alternatives and identified the locations that are required. This is a crucial moment in the whole legal process and brings to mind the situation in 19th century America.
In the case of Standing Bear – v – Crook (US, 1879), Standing Bear, Chief of the Poncas Tribe attempted to avoid being forced onto a reservation by arguing that an American Indian was a “person” within the US Constitution. Judge Dundy decided in favour of Standing Bear, stating:-
The Poncas were amongst the peaceable and friendly of all the Indian Tribes……If they could be removed to [the reservation] by force, and kept there in the same way, I can see no reason why they might not be taken and kept by force in [any jail]….I cannot think that any such arbitrary authority exists in this Country.
Unfortunately, due, it seems, to a failure to inform others about this decision and a total lack of (white) lawyers who might assist the various tribes (Standing Bear’s case was fought voluntarily by two committed white lawyers), this case did not stop the virtual destruction of the American Indian way of life by the end of the 19th century. However it does show the importance of using the law when it can be used and the importance of a little bit of imagination when using law. Meanwhile, in England and Wales in these early years of the 21st century, another crucial legal moment has arrived. It is important that we do not allow it to pass as happened after this brave stand of Standing Bear in 1879.
Chris Johnson
The story of Standing Bear was, in fact, the basis for my first ever blog for TT so I hope folks will put up with me quoting it again, but I think it is a very significant piece of legal history.
The Travellers Advice Team at Community Law Partnership operates a Community Legal Advice funded telephone helpline (0845 120 2980) which operates from 10am-1pm and 2pm – 5pm Monday to Friday.
Thanks to the TAT Administrator, Emma Westwood, for organising these blogs.