Tracker Pixel for Entry

​Fargo Police Arrest Native American From Sweat Lodge

News | February 24th, 2017

Zebediah Gartner released from jail Friday afternoon after being pulled from a spiritual ceremony in a Native American sweat lodge in Fargo by police - photo by C.S. Hagen

FARGO - Fargo Police pulled Native Americans out of a sweat lodge during a spiritual ceremony Thursday night, and took one to jail wearing nothing but undershorts for resisting arrest.

The resisting arrest charge was dropped for insufficient evidence by the city early Friday, but Zebediah Gartner, an Anishinaabe, pled guilty to a class B misdemeanor for theft of property, which stemmed from a January 24 incident involving a disputed two or three pieces of chicken taken from Cashwise Foods, according to court proceedings.

He pled guilty to the charge in Fargo City Municipal Court, and was fined $400.

“Four hundred dollars for a piece of chicken,” Gartner’s mother, Monica Gartner said.

“I did take the chicken but I didn’t eat it, I threw it away because the guy told me I could only have one, so I threw it away and walked out of the store,” Gartner said during televised court proceedings. “So I guess I plead guilty, your Honor.”

The city recommended a deferred sentence of 11 months, which means Gartner must steer clear of the law in order for the guilty plea to be withdrawn and the file to be sealed. Gartner has no criminal record or prior convictions, according to the city prosecutor.

Monica was visibly relieved when the judge announced the charges had been dropped in court, but couldn’t believe two pieces, or as the city states, three pieces of chicken could be worth $400.

For police to drag people from a Native American sweat lodge is the same as dragging people away from church, Monica said.

Zebediah Gartner and mother Monica leaving Cass County Jail Friday afternoon - photo by C.S. Hagen

“They were in the sacred lodge, they heard yelling, and opened up the door,” Monica said. “There were more than five police cars and a fire truck.”

Gartner was released from Cass County Jail at 2:45 p.m. He said the incident was traumatizing.

“We were in the sweat lodge, basically a Native American church, and we were just finishing up,” Gartner said. “I opened the door and a cop flashed a light on us.”

The police officer asked for identification, to which Gartner replied he didn’t have to comply as he had not committed any crime.

“He grabbed my arm, and kneed me,” Gartner said. Then he was pushed to the ground and handcuffed.

Wet with sweat from the lodge, police led him over frozen ground and snow toward police vehicles in sub-freezing temperatures, without shoes, and nothing but trunks on, Gartner said.

“The handcuffs were so tight that my fingers were swelling up,” he said. He revealed minor injuries around his wrists from where the handcuffs were clamped.

Native American Commissioner Maylynn Warne said Gartner’s arrest was disrespectful of Native American traditions and unwarranted. The sweat lodge located off 38th Street in South Fargo has been used for many years.

Sweat lodges are a place where people can go to re-purify themselves and find their path back to traditional ways. Traditionally, the lodges are circular, and are formed from saplings. The sweat ceremony includes the chanunpa or the peace pipe, prayers, offerings of tobacco, sage, cedar, or sweetgrass in a sacred fire. Red hot stones are later brought into the lodge and placed into a pit. Much like saunas, water is poured over the stones to induce steam and heat.

“This is like a church, a sacred ceremony,” Warne said. “If something like this happened at a church, it wouldn’t be this way. This shows how they’re treating American Indians here, and what’s happening out in Standing Rock is playing itself out here.”

Law enforcement from across the state and Wisconsin finished evicting the main camps outside of Standing Rock Sioux Reservation on Thursday afternoon, the North Dakota Joint Information Center reported. Since August, law enforcement has spent more than $32 million and have arrested nearly 750 people during Standing Rock’s fight against the Dakota Access Pipeline. Tensions were high this week at the former Oceti Sakowin camps as the U.S. Army Corps of Engineers’ deadline to empty the camps was resisted by more than 100 people.

“He was dragged out in his undershorts, into the cold, and marched to waiting police cars,” Monica said. “He tried to reason with them, and Zeb is really outspoken, he was standing up for our culture.”

In a post on Facebook related to the incident, Ashley Maye said she was at the sweat lodge when police arrived.

“It was ridiculous,” Maye wrote. “They tried saying they’ve been patrolling this area for a few years and they weren’t aware of it. I said that’s hard to believe as it’s been operating and running for years. They also tried to allege that it was illegal to burn the fire. The arresting officer was being rude, sarcastic, and snide, and purposely was trying to rile Zeb up. Six squad cars showed up as backup.”

“Being removed, and thrown on the ground when you are fresh out of lodge and have nothing on but trunks and its cold out, poor discretion to say the least,” Lissa Yellow Bird-Chase, founder at Sahnish Scouts of ND, a missing persons advocate, said in a Facebook post. “I have been told before there has been questionable behavior on police’s part, just another example of North Dakota not so nice.”’

Fargo Police Officer J. Rued is listed as the arresting officer. Fargo Police Officer Cultural Liaison Vince Kempf visited Gartner while in jail, asking him if he needed a ride home, Gartner said.

Warne said the Fargo Police Department does far too little to educate its officers on Native American traditions, and Thursday night’s arrest was little more than institutional racism.

“We just didn’t show up here, we’ve been here,” Warne said. “The only way to solve this is through education.”

Mayor Tim Mahoney said the incident was a misunderstanding. Police officers saw an unattended fire in a field, and because of a lack of training, and because the arresting officer was new to the force, made a mistake.

The area also needs fixing up, which Mahoney said will occur during the upcoming weeks. In the meantime he said the sweat lodge will have to be closed until the repairs can be made. Additionally, cultural training courses pertaining to Native American traditions will begin soon for the Fargo Police Department and fire departments, Mahoney said.

“The police department wants to work with Native American Commission on cultural competency training for all their officers so this doesn’t happen again,” Willard Yellow Bird, cultural planner for Fargo, said in a Facebook post.

Gartner plans to look into filing a lawsuit against the Fargo Police Department he said, but is unsure how to begin. 

Recently in:

By Winona LaDukewinona@winonaladuke.comIt’s been eight years since the Water Protectors were cleared off the banks of the Cannonball and Missouri Rivers. It was a bitter ending to a battle to protect the water; and for most of us…

By Sabrina Hornungsabrina@hpr1.com Rodeo is a family tradition for sisters Kate and Tera Flitton. The duo performs under the moniker Stellar Trick Riding Cowgirls. The Utah natives will be performing along with bareback riders,…

Saturday, April 19, 8 p.m. doors open at 7 p.m.Fargo Theatre, 314 N Broadway, FargoCheck out this cult classic on the big screen as a live band performs along with David Bowie’s vocals, all while basking in the Art Deco glory…

By Sabrina Hornungsabrina@hpr1.com I feel like reading a newspaper is the equivalent of listening to music on vinyl. Not only is it analog, it’s an experience. I might be a little biased, but there's something about the rustling…

By Ed Raymondfargogadfly@gmail.comA column on How Trumusklicans are trying to change historyIt took William L. Shirer a couple decades to write and then publish “The Rise and Fall of the Third Reich: A History of Nazi Germany,”…

By Rick Gionrickgion@gmail.com Holiday wine shopping shouldn’t have to be complicated. But unfortunately it can cause unneeded anxiety due to an overabundance of choices. Don’t fret my friends, we once again have you covered…

By Rick Gionrickgion@gmail.com Photos by Rick GionLiving in downtown Fargo has its perks. One of them is taking walks along Broadway and peeking into the restaurants and shops for a glimpse of what’s new. Sometimes this makes a…

Mooncats and Pert Near Sandstone play Empire TheatreBy Sabrina Hornungsabrina@hpr1.comThe MoonCats describe themselves as “Americonscious Campfire Folk.” They have a clear acoustic folk sound with a sense of whimsy — think…

By Greg Carlsongregcarlson1@gmail.com Making her feature directorial debut, Rachael Abigail Holder guides “Love, Brooklyn” to a satisfying conclusion, even if some viewers might have hoped for a different outcome for the…

By Sabrina Hornungsabrina@hpr1.comTelling Queer History is an LGBTQIA+ organization that utilizes oral storytelling and community building to educate, honor and collect oral histories. To honor its final year in operation, the …

By John Showalterjohn.d.showalter@gmail.comHigh Plains Reader had the opportunity to interview two mysterious new game show hosts named Milt and Bradley Barker about an upcoming event they will be putting on at Brewhalla. What…

By Annie Prafckeannieprafcke@gmail.com AUSTIN, Texas – As a Chinese-American, connecting to my culture through food is essential, and no dish brings me back to my mother’s kitchen quite like hotdish. Yes, you heard me right –…

By Sabrina Hornungsabrina@hpr1.comNew Jamestown Brewery Serves up Local FlavorThere’s something delicious brewing out here on the prairie and it just so happens to be the newest brewery west of the Red River and east of the…

By Josette Ciceronunapologeticallyanxiousme@gmail.com What does it mean to truly live in a community —or should I say, among community? It’s a question I have been wrestling with since I moved to Fargo-Moorhead in February 2022.…

By Faye Seidlerfayeseidler@gmail.com Somewhere lost in the cultural scuffle of what it means to be transgender is that it is an absolute joy to experience the world in such a way. When you take away the societal prejudice and…

By Gilbert Kuipersgilbertkuipers@outlook.com I live in North Dakota District 24 and have been challenging the district Republicans about their understanding of climate science for years. There has been no serious response to my…