Personal Liberties

Fontenot v. Hunter, Attorney General of Oklahoma

A state cannot prevent truthful marketing of art as “American Indian-made.”

Peggy Fontenot is an award-winning American Indian photographer and artist, specializing in hand-made beaded jewelry and cultural items. A member of Virginia’s Patawomeck tribe, she has made her living for 30 years traveling the country to show and sell her American Indian art. She regularly participated in Oklahoma art festivals until local, politically-connected tribes convinced the state legislature to restrict the definition of “Indian tribe” to include only those tribes recognized by the federal government. The restriction was ostensibly to prevent the marketing and sale of art fraudulently described as “American Indian-made.” However, as a result of this law, Ms. Fontenot – a legitimate member of a state-recognized tribe – may no longer truthfully describe her art as “American Indian-made” in the state of Oklahoma.

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