Native American Church Chapter Sues Bank for Racial and Religious Discrimination

An affiliated chapter of the Native American Church of North America (NACNA) is suing a bank in northern Wisconsin for racial and religious discrimination.

Dorsey & Whitney, LLP filed a lawsuit on Feb. 6 on behalf of the NACNA chapter, Lac du Flambeau-based Mashkiki Boodawaaning, Inc., in the Western District Court of Wisconsin against the Chippewa Valley Agency, Ltd. The complaint was amended on Tuesday, Mar. 21. 

In the lawsuit, Mashkiki Boodawaaning alleges that the financial institution discriminated against it based solely on the use of peyote. The American Indian Religious Freedom Act’s Amendment in 1994 and Wisconsin’s Uniform Controlled Substances Act permits the use, transportation and ingestion of peyote for ceremonies by enrolled citizens of federally recognized tribes and members of NACNA.

The lawsuit alleges that the Mashkiki Boodawaaning — or Medicine Fireplace in the Ojibwe language — attempted to open a commercial bank account on Mar. 30, 2022 at a chapter of Chippewa Valley Bank located on the Lac du Flambeau reservation. 

The organization was denied opening a commercial bank account based solely on the use of peyote when Mashkiki Boodawaaning representative Charles Carufel (Lac du Flambeau Band of Lake Superior Chippewa Indians) applied for a commercial bank account and was denied.

The filing states, “Shortly after the initial denial, Jessica Wiles, a supervisor in the Chippewa Valley Bank Bruce, Wisconsin branch, called Mr. Carufel. Ms. Wiles reiterated that the denial of Medicine Fireplace’s application was due to the organization’s peyote use.”

Learn more about the suit here.