The Oglala Sioux Tribe of South Dakota today filed suit again beer makers, seeking$500 million in damages for the cost of health care, social services and child rehabilitation caused by alcoholism.

The AP reports:

The lawsuit alleges that the beer makers and stores sold to Pine Ridge's Indian population, knowing they would smuggle the alcohol into the reservation to drink or resell. The beer makers supplied the stores with "volumes of beer far in excess of an amount that could be sold in compliance with the laws of the state of Nebraska" and the tribe, tribal officials allege in the lawsuit.

The Connecticut-sized reservation has struggled with alcoholism and poverty for generations, despite an alcohol ban in place since 1832. Pine Ridge legalized alcohol in 1970 but restored the ban two months later, and an attempt to allow it in 2004 died after a public outcry.

The lawsuit says one in four children born on the reservation suffer from fetal alcohol syndrome or fetal alcohol spectrum disorder. The average life expectancy is estimated between 45 and 52 years, the shortest in North America except for Haiti, according to the lawsuit. The average American life expectancy is 77.5 years.

This legislative session has seen a seemingly endless filing of proposed amendments to the Constitution in Minnesota. Already in November, residents will be voting on the amendment restricting marriage to one man and one woman. It's likely a bill to add a requirement to show a photo when voting will also be added.

These bills bypass the executive branch of government -- the governor -- and, when approved, go to the ballot instead.

Today, several legislators in the House filed a bill that could stop the practice. It would require a bill to receive a two-thirds vote in both the House and Senate. Ironically, the bill would amend the Minnesota Constitution.

An amendment to the Minnesota Constitution is proposed to the people. If the amendment is adopted, article IX, section 1, will read:
Section 1. A majority Two-thirds of the members elected to each house of the legislature may propose amendments to this constitution. Proposed amendments shall be published with the laws passed at the same session and submitted to the people for their approval or rejection at a general election. If a majority of all the electors voting at the election vote to ratify an amendment, it becomes a part of this constitution. If two or more amendments are submitted at the same time, voters shall vote for or against each separately.

Sec. 2. SUBMISSION TO VOTERS.
The proposed amendment must be submitted to the people at the 2012 general election. The question submitted must be:
"Shall the Minnesota Constitution be amended to require a vote of two-thirds of the members of each body of the legislature to propose amendment?"

Those opposed to the recent conservative-backed amendment proposals might be quick to embrace this proposal. On the other hand, the 2008 Legacy Amendment, which dedicated money to outdoors and the arts, would've never appeared on the ballot. There were 85 votes in the House on the bill to put it on the ballot. Under today's proposed bill, it would've required 86.

A two-thirds vote would indicate widespread popularity for a measure, making the need for many constitutional amendments unnecessary. In addition to overcoming a gubernatortial objection, they're often used now by many politicians to provide political cover on controversial issues.

Two Republicans -- King Banaian of St. Cloud and Greg Davids of Preston -- joined seven DFLers as sponsors of the bill.

The effort to name the black bear the state mammal of Minnesota -- described in this space yesterday -- may be dead at the Capitol.

Dana Coleman, the first grade teacher whose young charges researched bears and proposed the designation, writes to say legislative support is dwindling:

Thank you for your nice story today! I am the teacher whose first graders have the bill in the MN House and Senate to have the black bear become our state mammal. I hope you have more accurate news than I do. I wish it had bipartisan support. According to Senator Michelle Benson and Representative Peggy Scott (our authors) it has lost momentum in the House and now they aren't even going to hear it. The kids are so disappointed. If you have any ideas of ways for me to get the word out there to help our cause, I would greatly appreciate it. Thanks again for bringing this to the forefront! Dana Coleman

On WCCO Radio with Jason DeRusha today two theories were offered. First, if the Legislature fails to accomplish anything major this session, legislative candidates would point out that the Legislature wasted its time on bears. The other is the possibility that legislators fear hunters will think it's the start of a conspiracy to protect the bears.

But Ms.Coleman dismissed both theories, noting it's just a designation and that passing it would take mere minutes.

But this is fairly routine for official designations. The last "official" was the state apple. The bill designating the honeycrisp was filed in May 2005, and not voted on until the final days of the legislative session in 2006.

Prior to the great honeycrisp debate, the previous "official" item bill in the state was the official state picture, "Grace," taken by Eric Enstrom in Bovey.

It took more than a year before the bill got a vote in both the House and Senate and was eventually sent to Gov. Ventura for his signature.

Jonathan Bothun posted a video on Perfect Duluth Day asking a good question as, he says, a fact finding mission for a longer documentary: Who smokes synthetic pot and why?

Synthetic Marijuana: Man on the Street Questions from jonathan bothun on Vimeo.

In Sioux Falls, KELO TV reports on another growing problem surrounding stores that sell synthetic marijuana: dumpster divers.

There has been plenty of debate in the last two weeks over Duluth's Un-Fair campaign, the anti-racism campaign that suggests white people can't see the racism in the community. But at least people are talking about race, which has to be some sort of step forward. But it's hard to make progress when you have 3 minutes to say what you want to say, some opponents of the campaign told the Duluth News Tribune after a 45-minute forum yesterday.

And almost all of the participants were white...

Boman Schneider said the campaign wasn't saying all white people hold racist views. She applauded those who fight for equality but said being "color blind" is a myth comparable to not seeing herself as a woman.

It's about systems in place that perpetuate inequalities, she said. "The silence of white people implies consent."

Commission member Cruz Mendoza said he can't understand how a racist message is being read into the Un-Fair campaign. "There's nothing in that mission statement that screams, or even whispers, racism," he said.

Leslie Bruns-Fralich, part of the anti-UnFair campaign on Facebook, said she apologized for the site name but it couldn't be changed for technical reasons. "We want to be a bridge," she said of those vigorously for and against the campaign.

Bruns-Fralich was also on the Scholastica panel at Mitchell Auditorium, where a large crowd of mostly students gathered to hear seven white people providing deeply personal and nuanced accounts of their touches with white privilege. Audience members were allowed to write down questions for the panel and they were read by moderators.

In Waltham, Massachusetts, community leaders are taking a different approach to uniting a community. They've started a campaign to get people to say "hi" to each other.

2) WHO IS ROY WILKINS AND WHY IS THERE A BUILDING NAMED AFTER HIM IN SAINT PAUL?

Props to the city of Saint Paul for caring enough to answer the question in this video the city re-released yesterday.

3) A FIRST IN FARGO

Two Fargo men are going to apply for a marriage license today. They'll be denied because North Dakota recognizes marriage as something that's between one man and one woman.

"I don't think it's going to be a long thing," Lenny Tweeden tells the Fargo Forum. "I'll ask for it and they won't give it to me, and I'll basically leave."

Then what? Tweeden says he doesn't know, although he's not ruling out a legal challenge.

A gay couple has never applied for a marriage license in Fargo before. Tweeden says this week's Court of Appeals ruling declaring California's Proposition 8 law is unconstitutional prompted his attempt today.

Meanwhile, the Los Angeles Times reports today that the key to a Supreme Court consideration of Proposition 8 may hinge on one justice -- Anthony Kennedy.

Did someone say marriage? In Brookfield, Wisconsin, Dorothy and Roy Fleming are celebrating their anniversary. They've been married 80 years.

Related: Ellen Degeneres responds to One Million Moms, which called for her to be fired as a spokeswoman for JC Penney because she's a lesbian:

One Million Moms is subsequently calling for a boycott of Penney.

JC Penney's boss this morning said the decision to stick by Degeneres was a "no brainer."

4) FOR THE LOVE OF WINTER

It's going to get cold -- that is to say: temperatures will be normal -- in Minnesota over the next few days so the TV weatherpeople have gone to DEFCON 1 to sound the alarm. But this is good news for places like Walker, where the Eelpout Festival is being held this weekend. It was moved from its usual January date because it was -- wait for it -- too warm.

A marketing campaign by Ford, in which it asked people what they'd do with one of their trucks for a week, offers us an opportunity to think about the romantic days of cold weather, when water froze on the lakes of Minnesota and people strapped knives to the bottom of their feet.

Ford Explorer - Pond Hockey Adventure in Minnesota from Dorota Coy on Vimeo.

5) COLD PEOPLE AND WARM HEARTS

On Saturday, the New York Times carried a story on a fuel oil dealer in Maine who's trying to keep people warm and stay in business. It included the story of a man who offered to trade his car's title for some heating oil. Since then, about $100,000 in donations have poured in from the rest of the country.

Bonus I: Collapsing cooling towers (h/t: Neatorama)

Bonus II: The antidote for the constant "get on your feet and make some noise" harangue at Minnesota Timberwolves games: Have Will Farrell take over. He introduced the starting lineups last night in New Orleans.

TODAY'S QUESTION
A constitutional amendment requiring Minnesotans to show a photo ID when they vote could be on the ballot this fall. Backers say it will cut voter fraud. Detractors say it could keep more than 200,000 Minnesotans from the polls.

Today's question: Where do you stand on requiring Minnesotans to produce a photo ID to vote?

WHAT WE'RE DOING

Midmorning (9-11 a.m.) - First hour: Willpower: and what can we do to increase self control.

Second hour: In her new book, physicist Lisa Randall examines the role of risk, creativity, and uncertainty in scientific thinking, and why answering the biggest scientific questions we face could tell us who we are and where we come from. (Rebroadcast. Here's the original broadcast.)

Midday (11 a.m. - 1 p.m.) - Both hours: Jonathan Alter, "The Promise" and Hendrick Herzberg of the New Yorker on the Obama presidency and 2012 campaign

Talk of the Nation (1-3 p.m.) - First hour: "Truth, Lies and Afghanistan," a piece written by Lt. Col. Daniel L. Davis for the Armed Forces Journal, has inspired intense debate about the U.S. effort in the country. Is Afghanistan on a positive path to self-sufficiency?

Second hour: The challenge of Occupy Wall Street.

In Broward County, Florida, a judge has ordered a man to take his wife to dinner, bowling, and then marriage counseling.

"He's going to stop by somewhere and he's going to get some flowers," Judge John "Jay" Hurley said during the first appearance hearing, as the story is told by the Orlando Sun Sentinel. "And then he's going to go home, pick up his wife, get dressed, take her to Red Lobster. And then after they have Red Lobster, they're going to go bowling."

The man was charged with domestic violence, but, as the judge sees it, not the serious domestic violence kind.

"He didn't actually hit her," the judge said.

If you grab your wife's neck and threaten to hit her because she complained you didn't wish her a "happy birthday," you'll probably be back before the judge again.

(h/t: Two Way blog)

As with many of these "official" designations, this one originates from a first-grade classroom, where a teacher recognized a teachable moment. The kids spent the first minutes of their class in Andover watching the "den cam" at the North American Bear Center.

Supporters claim the bill has bipartisan support and should become law. It's for the kids, after all.

In matters of official mammals in Minnesota, that's never worked so well.

According to the Minnesota Legislative Reference Library, the white-tailed deer is the leader in failed attempts to name an official state mammal. Eight times deer fans have tried to make the deer the official mammal, eight times they've come up empty at the Legislature.

The eastern timber wolf has gotten support -- only to be turned aside -- six times. The last was in 2000, when some school kids voted on whether the wolf, deer, or gopher should be so honored.

The library also reveals that an effort was made in 1973 to make the wood tick the official state mammal. Combined with the official state bird -- the loon -- such a move would have made Minnesota the "loon-and-tick state," according to the Pioneer Press.

Until the TV station tried to keep the story alive one more day...

The TV anchor, Kyle Dyer, is in the hospital. The incident happened this morning in Denver.

Herman Tanksley Jr., who was arrested after an accident on I-35W in 2009, claimed that the Bureau of Criminal Apprehension testing of so-called "first-void urine samples" is unreliable, inaccurate, "and not generally accepted in the scientific community because it does not require an individual to empty his or her bladder, wait a certain period of time, and then provide a second sample for testing purposes." The problem with testing first-void urine samples, according to Tanksley, is that, because such samples contain urine that has 'pooled' in an individual's bladder over time, alcohol concentration levels obtained from the tests may not be indicative of the driver's actual blood alcohol content, the standard for determining whether someone is drunk.

A lower court rejected Tanksley's request for a hearing on the issue and sentenced him to 45 days in jail.

Today the state's Supreme Court said Minnesota doesn't need a urine test to prove a driver is drunk; it's just one of three ways the law provides for determining blood alcohol level.

"Under Tanksley's theory" Justice David Stras wrote," the State would be required to prove, in effect, that an individual's blood alcohol concentration is at or above 0.08 for all alcohol-concentration offenses, even if the individual's urine alcohol concentration meets or exceeds 0.08. Yet ... in defining the alcohol-concentration offense, the Legislature set forth three methods for proving alcohol concentration without expressing a preference for one method over another."

Here's the ruling.

Relatives of Josh Powell, the man suspected of killing his wife and, subsequently, both of his children and himself, issued a statement today blaming the tragedy on the system.

The dead kids merited a "PS" in the statement:

We are grievously saddened at the loss that the Cox and Powell
families have suffered. There is no justification for the loss of two
innocent children, Charles and Braden.

Josh had asked us to step in and offer our support in helping him as
the next patriarchs of the family with the absence of Steve, his
father. We were also asked by Josh if we would offer a safe haven for
his sons should the need arise; our answer was absolutely yes.

We felt that Josh represented himself using a great deal of restraint
with patience and dignity at his children's custody hearing, even
though it did not work out in his favor. Our family's suggestions to
Josh both before and after the hearing were that if he had any
credible facts, no matter how disturbing, he should present it so that
due process would be possible. We believe that Josh continued to use
this restraint because of the fear of losing his sons and the love he
had for all of his family members that he so desperately tried to
protect.

When we arrived in the state of Washington we believed in America's
legal system. After witnessing how broken the system was and the
events that took place before our eyes, both inside the court room and
outside, we left for home in disillusionment of the legal system and
concern for our family's posterity.

In our hearts and minds we feel that this family tragedy was set into
motion from the beginning due in part to the various questionable
government agencies' practices, religious bias, the internet kangaroo
courts, and sensationalized news media, all of whom have circumvented
the laws that protect all of our rights to due process. We believe
that the stewardship of the responsibilities that have been entrusted
to those organizations and individuals has been completely
compromised.

America, this is not only a tragedy, Sunday was a dark day for all of
our families.

Uncle Maurice, Aunt Patti

P.S. Josh, Susan, Charles, and Braden, you will always remain in our hearts.

There is one system that clearly did not work: The 911 system.

We're looking for your nominees! Don't be shy.

1) IS THERE A CRIME HERE?

James O'Keefe, the activist who's made a name for himself bringing down ACORN and an NPR executive with his hidden camera, is focusing on Minnesota this time. O'Keefe went to Scott County on Monday to register Tim Tebow and Tom Brady -- they're quarterbacks in the NFL (don't tell Scott County officials who didn't recognize the names).

If O'Keefe had actually filed for absentee ballots with the intent to cast an illegal vote, that would be a crime under Minnesota law (described here). The clerks lament that voter fraud in Minnesota is prosecuted after the crime is committed, but what crime isn't?

In an MPR commentary today, an election judge sees some areas where an actual ID would help, though he says he's not yet sure what the problem is the proposed law is to solve.

Meanwhile, in South Carolina, NPR reports, the initial claim of voter fraud that ushered in that state's voter ID law has turned out to be without merit, at least so far.

2) BOOMTOWN GIRLS

It had to happen sooner or later. Reality TV is coming to North Dakota's Oil Patch. "Boomtown Girls" will follow five sisters from Williston. One met her husband working in the oil field, the Fargo Forum says. Two others chase their dream of driving septic trucks, another sister is a bartender at a strip club; and one is a welder.

Boomtown Girls from Lucky Dog Filmworks on Vimeo.

3) SUPPORT OUR SIGNS?

Now that a woman in Little Falls has been forced to remove her signs from the lawn at her house, attention is focusing on a "We Support Our Troops" sign on a building in the city. Robin Hensel has to take her "Occupy" signs down. City officials said the "request" had nothing to do with what was on the signs, but she said the banner downtown violates a city ordinance, too. At a city council hearing this week, several residents said the banner should stay up.

Says the Brainerd Dispatch today:

Hensel said the issue is not the contents of what is written on her signs or the banner. It's about the city following its own ordinance. Hensel said she can't have signs in her yard because it's against city ordinance, and she said the banner on the bank building also is against the sign ordinance regarding historic buildings. Hensel said the banner should have a permit from the city and it doesn't; and it also is bigger than what the ordinance allows. Hensel said there also is a requirement that the sign can only be up for a month and it has to be renewed for one or two months if it stays up longer.

When asked if the banner is against city ordinance, Kasella said yes and no. Kasella said the city doesn't allow banners in historical areas. However, the city's Heritage Preservation Commission has the right to deviate from the policy. Kasella said the commission is recommending board to the city council and that the city has the ultimate say on what actions would be brought on issues.

4) ARE YOU TOO PRODUCTIVE?

How many computer monitors are on your desk? If there's more than one, do you have a problem? "There is 'thought-killing' going on," Professor David Meyer at the University of Michigan tells the New York Times today. "Rome crashed and burned because it got too big. Go past that scale and you're going to wind up like Rome."

Like Rome?

5) WHY THEY CAME TO PLAY AND REALLY 'GOT AFTER IT'

Why do pro athletes talk in cliches? Because they can't remember what just happened in the game, a Chicago researcher says. Stan Beilock at the University of Chicago tells the Sun Times...

''To be able to recall something and talk about it, you have to have been paying attention at the time when it happened. What we think is going on in these elite athletes is that, in the moment and especially when they're performing at a high level, they're not focusing on how their skill is unfolding. They might be focusing on the outcome. They might be focusing on one key thing they need to achieve.''

It's why Giants linebacker Michael Boley wouldn't have been mistaken for Winston Churchill when he talked about how his team was able to overcome the Patriots on Sunday.

''We play with a lot of poise, and we were able to stay focused and bounce back,'' he said.

Added safety Kenny Phillips: ''Our backs have been against the wall [before].''

PICTURE OF THE DAY (SO FAR)

Taken this morning. Uploaded by NASA.

TODAY'S QUESTION
The Republican presidential race focused briefly on Minnesota in the days leading up to Tuesday's caucuses. Now that the caucuses are over, what are your three most important issues?

WHAT WE'RE DOING

Midmorning (9-11 a.m.) - First hour: Amid escalating violence, the United States has closed its embassy in Damascus, Syria. Global leaders continue to call for the ouster of President Assad, after a double veto at the UN by China and Russia. As the death toll continues to rise, how might this uprising end?

Plus: Yesterday's court decision on California's Proposition 8.

Second hour: The number of Americans living in poverty is the highest it's been in 35 years. In the wake of the recession, Republican candidates have not shied away from telling us their views on the very poor. What is the current state of poverty beyond the rhetoric?

Midday (11 a.m. - 1 p.m.) - First hour: Stephen Smith and Kate Ellis on Black History Month.

Second hour: American Radioworks documentary: Remembering Jim Crow.

Talk of the Nation (1-3 p.m.) - First hour: Political Junkie. Following up on yesterday's caucus and primary results.

Second hour: TBA

And by "Minnesotans," they mean about five white people on either a city block in Minneapolis or a shopping mall in Maple Grove.

Watch the video here.

(h/t: Jon Gordon)

Consider, for example, this passage on the word "marriage," which invokes Frank Sinatra, Groucho Marx, Abraham Lincoln, Marilyn Monroe, and Shakespeare. We dare guess it's the first time in the history of this nation, that a legal ruling has done that.

We need consider only the many ways in which we encounter the word "marriage" in our daily lives and understand it, consciously or not, to convey a sense of significance. We are regularly given forms to complete that ask us whether we are "single" or "married." newspapers run announcements of births, deaths, and marriages. We are excited to see someone ask, "will you marry me?", whether on bended knee in a restaurant or in text splashed across a stadium Jumbotron. Certainly it would not have the same effect to see "will you enter into a registered domestic partnership with me?"

Groucho Marx's one-liner, "marriage is a wonderful institution... but who wants to live in an institution?" would lack its punch if the word "marriage" were replaced with the alternative phrase. So too with Shakespeare's "A young man married is a man that's marr'd," Lincoln's "marriage is neither heaven nor hell, it simply purgatory," and Sinatra's "A man doesn't know what happiness is until he's married. By then it's too late." We see tropes like "marrying for love" versus "marrying for money" played out again and again in our films and literature because of the recognized important and permanence of the marriage relationship. Had Marilyn Monroe's films been called How to Register a Domestic Partnership with a Millionaire, it would not have conveyed the same meaning as did her famous movie, even though the underlying drama for same-sex couples is not different. The name "marriage" signifies the unique recognition that society gives to harmonious, loyal, enduring and intimate relationships."

Here's the full ruling:

Ninth Circuit Prop. 8 decision

Check out these:

-- A Newfoundland teacher has been suspended with pay from her job after she sprayed a kid with Febreeze. Christian Roberts, 10, made the mistake of eating fish at lunchtime last week, according to his mother. His mother said her son's classmates starting teasing him about the fishy smell. The teacher sent her son out of class for one period and then sprayed the air freshener on him. (CBC)

-- In Florida, an 11-year-old boy is in police custody after he cornered a special education student in the bathroom and tried to set him on fire. CBS reports the boy "took a can of Old Spice body spray and lit the spray stream on fire." He then "directed the fire stream at fellow student." The school's resource officer told WTSP TV he doesn't think it was a targeted attack but more for "entertainment."

-- A young man in Winona is back in school after grabbing his crotch during a Michael Jackson impersonation. Lenny Boberg, 9, was suspended immediately after the performance of "Billie Jean." The school's principal apologized, the Winona Daily News reports..

-- Mark Denicore and his wife, Amy, are heading for court. Their crime: Daughter Sophie is chronically late for school. Mr. Denicore is an attorney and says he could lose his law license over this. (Loudon Times)