Crazy Horse Malt Liquor bottle 3
Crazy Horse Malt Liquor Apologizes

By DENNIS GALE, The Associated Press, 27 April 2001

SIOUX FALLS, S.D. (AP) - With seven horses, 32 blankets, some tobacco and sweet grass - and an apology - a company has settled a lawsuit brought by American Indians over the marketing of Crazy Horse Malt Liquor.

John Stroh III, chairman of SBC Holdings Inc., read a letter of apology to descendants of the warrior Crazy Horse and other Indians at a ceremony Thursday night on the Rosebud Reservation, about 250 miles southwest of Sioux Falls.

"We understand your deep and sincere feeling that the marketing of the malt liquor beverage ... disparaged his spirit and caused you and his other descendants emotional distress," he said.

His remarks came one day after SBC announced the company - which got out of the brewing business in 1999 - had settled the lawsuit over the use of the Crazy Horse name.

Crazy Horse Malt Liquor bottle 4
The settlement includes 32 Pendleton blankets, 32 braids of sweet grass, 32 twists of tobacco and seven thoroughbred race horses. It does not include money.

The malt liquor was distributed in 32 states and manufactured at seven breweries, said Christina Kirk-Kazhe, a lawyer for the estate.

"We've always felt that this case hasn't been just about the money," Kirk-Kazhe said. "It's a step toward clearing the name for Crazy Horse and his descendants and restoring the spirit of Crazy Horse as a strong Indian leader."

Seth H. Big Crow, administrator of the Crazy Horse estate, said the apology is the most important thing to the Sioux people.

"They don't have permission to take someone else's name, someone else's image, someone else's property rights" added Big Crow, a Crazy Horse descendant.

Crazy Horse was an Oglala Sioux warrior who led the defeat of Lt. Col. George Custer at the Battle of Little Big Horn in 1876.

SBC lawyer George Kuehn said his client "is thrilled it is able to resolve this matter in a way that is fair and more importantly, culturally significant to the estate."

A lawsuit* continues against Hornell Brewing of New York City, which is accused of using the Crazy Horse name without permission to continue selling Crazy Horse Malt Liquor.

SBC Holdings, formerly Stroh Brewery Co., acquired G. Heileman Brewing Co. in 1996. Heileman had a contract with Hornell, which bottled the malt liquor. When Stroh bought Heileman, it sought to settle the lawsuit.

No settlement talks are under way with Hornell.

AP-NY-04-27-01 0133EDT

______________________________
* U.S. 8th Circuit Court of Appeals -
HORNELL BREWING CO.
v SETH BIG CROW


Crazy Horse Malt Liquor bottle 1Crazy Horse Malt Liquor bottle 2
Crazy Horse Malt Liquor

front label:
The Original
CRAZY HORSE Malt Liquor
MONTANA HILLS LTD

Since MCMXCII [1992]

This is the ultimate in Handcrafted
Malt Liquor. Crazy Horse is brewed with 100%
of the finest Malt Barley and Hops.

Fine Blend / Lot No. 0690711

Forty Ounces / 1 QT. 8 FL. OZ. / 1.18 LITER

PRODUCT OF AMERICA


-> [circular seal] FV = Ferolito, Vultaggio & Sons,
5 Dakota Dr., Ste. 205, Lake Success, NY 11042
www.arizonabev.com
Co-founders John Ferolito and Don Vultaggio own and run the company.
Their company also own and operates Hornell Brewing
that sells beer and malt liquor.

-> Crazy Horse Brewing Company, Lake Success, NY:
home of Ferolito & Vultaggio

-> Sebring Brewing Co., Winston Salem, NC: ?

back label:
CRAZY HORSE
MONTANA HILLS LTD

The Montana Hills, steeped in the history of
the American West, home of Proud Indian Nations.
A land where imagination conjures up images of blue clad
pony soldiers and magnificent Native American Warriors.
A land still rutted with wagon tracks of intrepid pioneers.
A land of character, and tradition.
A land that truly speaks of the spirit that is America.

GOVERNMENT WARNING: (1) ACCORDING TO THE SURGEON
GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES
DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS.
(2) CONSUMPTION OF ALCOHOLIC BEVERAGES IMPAIRS YOUR
ABILITY TO DRIVE A CAR OR OPERATE MACHINERY, AND MAY
CAUSE HEALTH PROBLEMS.

[bar code]
[circular seal] FV: Integrity Tradition Quality

Brewed under the authority of
Crazy Horse Brewing Company, Lake Success, NY.
Under special agreement with
Sebring Brewing Co., Winston Salem, NC.
This product has no connection to the deceased Sioux leader Crazy Horse or his family or heirs.

Chattanooga Labeling Systems' logo bottles were labeled by
direct screen printing at

Chattanooga Labeling Systems
351 Labeling Way
Chattanooga TN 37419
(423) 825-2125

Chattanooga
Labeling Systems

The Chattanooga Labeling Systems' building
can be seen off of Interstate 24 approximately
3 miles west of downtown Chattanooga on the
south side of the road, just east of Covenant
Transport's whitehouse rendition and just
west of the Taco Bell franchise.


Boycott these products: Arizona Teas, How You Can Help End the Sale of
"Crazy Horse Malt Liquor" / april 2000

Crazy Horse Defense website

"Black Hills of Dakota . . . home of Proud Indian Nations.
A land where imagination conjures up images of blue clad
Pony Soldiers and magnificent Native American Warriors ...
where wailful winds whisper of Sitting Bull, Crazy Horse and Custer."

PRESS RELEASE
 FOR IMMEDIATE RELEASE


HEADLINE: "Crazy Horse" beer connection false and misleading.


DATE: December 2, 1995


CONTACT: Robert Gough, Attorney for
 Estate of Tasunke Witko (Crazy Horse)
 (605) 856-2879


 ROSEBUD, SD -- "The message is clear. Brewing companies using and
 defaming the good name of our grandfathers will not be tolerated,"
 said Mr. Seth H. Big Crow, Sr., administrator of the Crazy Horse
 estate upon learning that the label registrations for "The Original
 Crazy Horse Malt Liquor" and "Chief Oshkosh Beer" had been revoked
 by the Minnesota Commission for Public Safety as stating
 connections which are "false and misleading".
 
 In her eight page opinion dated November 28, 1995, Assistant
 Commissioner Mary Ellison, adopted the findings and recommendation
 of Administrative Law Judge, Allen Giles, who presided over a two
 day hearing in April. The Commissioner revoked the label under
 Minnesota law for liquor brand registration, because "Tasunke Witko
 (Crazy Horse) was opposed to the use of alcoholic beverages, and
 because the heirs of his estate have not endorsed and have
 specifically disavowed any connection with Crazy Horse Malt Liquor,
 the Crazy Horse Malt Liquor brand label states or implies in a
 false or misleading manner a connection to Tasunke Witko a/k/a
 Crazy Horse, a deceased American Indian leader."
 
 Another brand label "Chief Oshkosh Beer", bearing the name of
 the famous Menominee American Indian leader, was also determined to
 be false and misleading, and was likewise revoked. Roberta Oshkosh
 Robinson, of Neopit, Wisconsin, a lineal descendant of the
 Menominee chief, had provided an affidavit disavowing any
 association or endorsement to the beer bearing her family name.
 "This is a wonderful decision. I would like to see other states
 begin respecting the rights of Indian people in this way."
 
 The "Crazy Horse Malt Liquor" label has previously been
 rejected in several states, including Nebraska and Washington, and
 several other states, including California, are presently
 considering legislation. Ferolito, Vultaggio & Sons, owners of
 Hornell Brewing Company, who produce the malt liquor in association
 with the G. Heileman Brewing Company, also make a line of non-
 alcoholic products under the "Arizona" iced teas and fruit drinks,
 have recently found those products the subject of a nationwide
 boycott called by support groups from New York, Wisconsin,
 Minnesota, Colorado, and California, as a result of their continued
 refusal to remove the Crazy Horse name from the malt liquor.
 
 Robert Gough, attorney for the Estate of Tasunke Witko, which
 intervened in the Minnesota action, welcomed the decision, stating
 that "Minnesota's revocation of beer labels which falsely depict
 American Indian leaders such as the Lakota, Crazy Horse and the
 Menominee's Chief Oshkosh is a victory for the human rights of all
 Indian people in this country. It speaks to the protection of the
 right of Indians families to control the use of the names of their
 ancestors and leaders, especially in the area of alcohol products,
 which are highly regulated and have been particularly devastating
 to Indian people."