Who knew that racism is enshrined into American law? Two men have been arrested for lying about the ethnic identity of the creators of artwork they sold. Supposedly, misrepresenting goods as being produced by Indigenous peoples violates a federal law. Could you imagine if people were arrested for selling artwork that they claimed a white man had created, when in reality a black man had created that artwork? That would be ridiculous and absurd and racist, wouldn't it? Yet suddenly it's all okay and perfectly normal when we are talking about Native ancestry peoples? The two are being accused of fraud for trying to pass off "counterfeit artwork". "Counterfeit" because they claimed that it was produced by Native American people. Should the law even be protecting race/ethnicity like this? Two Washington State men, Lewis Anthony Rath, 52, and Jerry Chris Van Dyke, 67, were investigated and charged for violating the Indian Arts and Crafts Act by falsely representing themselves as Native American artists, despite the fact that neither has tribal membership or heritage, according to a Department of Justice press release. Van Dyke was charged with two counts of misrepresentation of Indian produced goods and products after a complaint was filed against him with the Indian Arts and Crafts Board for falsely claiming Nez Percé tribal membership. A similar complaint was also filed against Rath, who falsely claimed to be a member of the San Carlos Apache Tribe. Undercover investigators from the US Fish and Wildlife Service purchased pendants, totem poles, and masks made by Rath and Van Dyke from Seattle shops, where they were advertised as Native American artwork, according to the US Department of Justice. "By flooding the market with counterfeit Native American art and craftwork, these crimes cheat the consumer, undermine the economic livelihood of Native American artists, and impairs Indian culture," Edward Grace, assistant director of the US Fish and Wildlife Service Office of Law Enforcement. Misrepresenting Native goods could result in up to five years in prison. Rath was also charged with unlawful possession of parts from golden eagles and migratory bird (hawk and jays) parts after agents executed a search warrant on his home and art studio. (Of course special exceptions to this law are made if you are Native American ethnicity) Van Dyke had sold more than $1,000 in carved pendants through the Pike Place gallery, claiming the pendants were Native American artwork based on Aleut masks. Undercover agents purchased a carved totem pole and necklace from Rath at the same Pike Place Market galley for more than $1,300. At both stores, Rath’s artwork was falsely advertised as Native produced with biographies of Rath saying he is Native American. Additionally, internet sites that Rath used to sell his artwork also falsely claimed that he is a member of the San Carlos Apache Tribe. Two charged for selling fake Native artwork at Pike Place Market | king5.com So these men did not even claim these crafts were produced by a particular tribe, at a particular time or place. They only lied about their own ethnic ancestry (to help perpetrate the false impression) and claimed that the items were produced by Native American people. How about Chinese artwork? If I sell Chinese artwork and claim that a Chinese person made it, but in reality I actually created it, should I be criminally charged? Can I sell artwork guaranteed to be made by White people, and if I'm lying about that I will be punished? How absurd is this?
This is not the job of govt. Native American craftspeople would've had a strong case in a civil suit against them.
Well it is a misrepresentation. I used to have a friend that he and his wife traveled a lot and they made a living selling goods at different flea markets. They would buy things like wholesale antique style handcuffs if they would pay about $8 a pair for and turn around and sell them for $50 claiming that they were slavery error cuffs. And other such reproductions. And then they would try to pass them off as genuine articles. I don't really see a problem selling reproductions if you state that they are reproductions. But claiming they were genuine antiques, is fraud.
The only thing they misrepresented was the ethnicity / racial identity of the people who created the artwork. The sellers did not even claim anything about the specific individuals, time period, or exact place that the artwork was created.
This seems like a case of government-protected racial discrimination. Artwork buyers are racially discriminating, and if the seller lies about the race of the persons who created the craft item, they are punished. So this law helps make sure the buyer is able to racially discriminate. Despite the craft item being exactly identical otherwise. There is absolutely no physical difference between that craft item made by a Native American compared to one made by a White person. The buyer can judge for themself the skill and appearance of the craft item. This is a very peculiar case and type of racial discrimination.
Sounds like the law that was ostensibly violated here was either created at the behest of native people or to pander to them.
Why doesn't art created by White people have a 'category'? How about furniture made by White people? Can I be locked up because I lied to restaurant customers saying that a French chef cooked their food?
