▼

Pages

▼

Monday, October 21, 2024

  Navajo & Hopi Nations: 

First Nations tourism in the Southwest

From the 50 State Visitors Guide : Arizona

A.R.S. 2019  §§ 13-3821 through 13-3829, 13-3727

Registration Triggers and Deadlines:

Visitors must register if staying for more than 72 hours excluding weekends & holidays. (per statute) §13-3821(A). SOR office refuses to answer whether return visits allowed per month or year. “That’s determined by local sheriff.”

NOTE: AZ SOR office defers on many questions to local county sheriffs for interpretation. Updated Aug 2024.

Initial reg. required “within seventy-two hours, excluding weekends and legal holidays, after entering and remaining for at least seventy-two hours in any county of this state.” §13-3821. Not sure what that means; afraid to ask. Registrants working in state must report in any county where present for 14 consecutive days or an aggregate of 30 days/yr.  Address change etc. required w/in 72 hours (business days only).  §13-3822.

Residency/Presence and Other Restrictions:

Residence restriction:  1,000 ft. restriction applies to Level 3 offenders. §13-3727. Local governments are pre-empted from adopting more restrictive requirements. §13-3727.

Residence defined as “The person's dwelling place, whether permanent or temporary.” § 13-3822 E 3 (a).  SOR office “believes” that visiting registrants will not be removed from state’s registry after departure.

Duration & updates:

10 years to life. Transients report every 90 days.  All others annually.

From the 50 State Visitors Guide : New Mexico

N.M. Stat. Ann. 2019  §§29-11A-1 through 29-11A-10
N.M.A.C. §1.18.790.157

Registration Triggers and Deadlines:

5 business days for initial registration & updates. §29-11A-4.
State law requires “sex offenders” to register, which includes one who: (1) establishes a residence [not defined] in NM; (2) “stays in multiple locations in NM,” or (3) is enrolled in a NM school, or (4) is employed in NM for more than 14 days or an aggregate period exceeding 30 days in a calendar year. §29-11A-3.
Visitors:  NM State Police say: “If convicted prior to July 1, 2013 you will need to register if in the state of New Mexico for longer than ten (10) days. You will need to register within five (5) days if convicted after July 1, 2013.” §29-11A-4 says business days.

Residency/Presence and Other Restrictions:

State pre-emption: Cities, counties & other political subdivisions are prohibited from adopting any ordinance, rule, regulation, resolution or statute on sex offender registration and notification and from imposing any other restrictions on sex offenders that are not included in the state SOR Act. §29-11A-9.

Duration & updates:

10 years to life. Updates are every 6 mo. or every 90 days depending on offense. §29-11A-4.

From the 50 State Visitors Guide : Utah

Utah Code Ann.  2019 §§77-41-101 through 77-41-112
Utah. Code Ann. §§77-27-21.7 through 77-27-21.9
U.A.C. §§R251-110-1 through R251-110-5

Registration Triggers and Deadlines:

“Sex Offender” is defined to include any out-of-state SO who is in Utah for more than 10 days in any 12 month period. §77-41-102(17)(b).
Visitors must register “within 10 days of entering the state, regardless of the offender’s length of stay.”  §77-41-105.  
Updates required within 3 business days. §77-41-105.

Residency/Presence and Other Restrictions:

Presence restriction: May not be on premises of a day care or preschool, public swimming pool, school, community park open to the public, playground that is open to the public.  Exceptions for access to schools when carrying out “necessary parental responsibilities” and day care center or preschool when in building for other purposes. 
Residence restriction: w/in 1,000 ft. of victim, with exceptions. §77-27-21.7.
“Sex Offender in Presence of Child Law:”  Registrants w/ convictions involving minors under 14 years old cannot invite the minor to accompany him or her absent parental consent, with exceptions.  §77-27-21.8.
Because “Sex Offender” is defined to include only out-of-state SO’s in Utah for more than 10 days in a 12 month period (see Registration Triggers & Deadlines at left), visitors not meeting this definition would, in theory, not be required to register & thus not subject to these restrictions during their visit. However, this theory remains untested.

Duration & updates:

Lifetime. Petition 10 years.  Updates every 6 mo. §77-41-105.

Most recent visit: October 2024

Native American nations can be fascinating places to visit, but make no mistake – you might tell yourself you are entering a sovereign nation when you cross the reservation boundary but you aren’t.  You’ll still be bound by the registry laws of whatever US state you’re in.  

Nor should you get any funny ideas if you are of native ancestry that you can somehow escape your registry status by moving to the reservation of whatever tribe you belong to.  You can’t.  As you must already realize, the oppression of the registry will follow you onto the reservation whether you’re a visitor or become a resident.  That’s why I have placed the registry laws of Arizona, New Mexico and Utah at the beginning of this blog entry, rather than any tribal registry laws.  There may be some local tribal laws, but the state laws are the ones to pay attention to.

Another point that must be clearly made to anyone planning to travel to Indian Country is that you are NOT going to a tourist attraction.  This is not Pennsylvania Dutch Country where you as a tourist are invited to gawk at the locals driving their buggies and eat at an expensive smorgasbord.  To the contrary, you are about to enter upon a place where quite frankly you don’t belong.  Your visit is merely tolerated, and as far as I’m concerned that is as it should be.

If you have read my previous blog post “A Medical Emergency While Traveling,” you know that in October 2024, on the night I arrived at Page, AZ to begin my journey through the Navajo Nation I had a very serious medical emergency that landed me in the Page Hospital emergency room.  

When I left there the following morning I was recovering but in no shape for the reservation deep dive I had planned.  Still, my fastest way home to Iowa was to get myself to I-40 in New Mexico and stay in interstates from then on.  Driving through the Navajo Nation wasn’t the shortest route to I-40 – in fact it added about half a day – but it fit better with both Arizona’s registry requirements and with the travel I’d reported in Iowa before leaving.

Arizona’ SOR law includes a visitors grace period of 72 hours not including weekends and holidays.  Since I was planning to re-enter Utah to camp in Bears Ears the following afternoon, that would be about 32 hours in Arizona on that first leg of my journey.  The next morning (Wednesday) I would return to the Navajo Nation, where I would be in Arizona until the following afternoon before exiting at Window Rock, so that would have been 32 hours or so. As you can see, this neatly split AZ into two equal pieces so I’d never get anywhere close to the 72 hour limit, while making use of the last two partial days available to me in Utah.

I decided to follow a truncated version of this original route and at least drive past the attractions and natural wonders I was to visit in my original plan.  I did spend the night at a Utah campground such that my hours in Arizona were about as originally planned. I even took a few photos, mostly from my driver’s seat.

From Page I drove southeast on State Rd. 98 to US 160 east.  From here it’s not far to Black Mesa and Navajo National Monument, which I’m sure are spectacular but I had to hurry past.  Instead I continued on to the town of Kayenta where US 163 splits off to go through Monument Valley.



Monuments in Monument Valley, Navajo Nation, as seen from my driver's seat

US 163 takes you right through Monument Valley and I could see many of the monuments from my driver’s seat (see photos). There is also Monument Valley Navajo Tribal Park which is open to outsiders and according to my AAA Indian Country map includes buttes and mesas and arches and viewpoints and a visitors center. I’m sure it’s magnificent but I couldn’t stop for any of it.  Instead I continued on US 163 into Utah and the Navajo border town of Mexican Hat, which is named after a rock formation that I saw from the highway that looks a bit like a sombrero.  

About 15 miles after that I found one of the last campsites at Sand Island Recreation Area at about 5:00.  It was a weekday late in the season, and that campground was full up by dusk.  I wonder if the motels in Mexican Hat filled up too?

The next morning I followed US 191 south to my destination of Window Rock and Gallup, NM which took only about 10 of the originally planned 32+ hours, but I did make one side trip, turning off at Tribal Road 12 to the town of Tsaile, then Tribal Road 64 which let me drive by Canyon de Chelly National Monument.  There are several points of interest and viewpoints along TR 64 and I was feeling well enough by that time to walk about 50 yards to one viewpoint to get a few pictures (see photo).  Unfortunately I was unable to go on the scenic drive or stop at the visitors center.


A typical canyon view at Canyon de Chelly National Monument 

By late afternoon I was at Window Rock, where there is a Navajo Nation Museum which I was unable to go to, and a casino of course.  The casino has a faux Navajo restaurant, and I was well enough to go in there and order (to go) what everybody says you’re supposed to order in the Navajo Nation, a Navajo Taco.  But guess what?  I didn’t like it.  

That night I decided from that point on I was going to treat myself to motel rooms along the interstates to get better rest and heal, which I eventually did do.  Oh well – maybe I’ll get another chance to experience this magical land.

One other point about reservation tourism – turn on your radio!  Most First Peoples have their own radio stations these days, often NPR affiliates, and there is nothing like driving through the American Southwest with authentic Native war chants blasting on the tube!

Previous visit – October 2023

Oddly, and I’m sure uncomfortably, the Hopi Nation is located within and entirely surrounded by the Navajo Nation.  Having been to the Grand Canyon before, in October 2023 I knew I’d be skirting the edge of the Navajo Nation while driving up U.S. 89 so I decided to devote just a couple of hours to poke my head into these reservations.  

This didn’t allow enough time to drive up U.S. 160 as far as Navajo National Monument, and I regretted that, but I did get as far as Tuba City and Moenkopi, the two opposing tribal towns.  I also drove a ways down State Road 264 just to be able to say I had entered the Hopi Nation.  Tuba City and Moenkopi were the very picture of reservation poverty.  The only adobe architecture I saw were a totally fake looking gas station (see photo) and a motel next door in Tuba City (or was it Moenkopi?).  


Totally fake, inappropriate "appropriate architecture" in Tuba City / Moenkopi.
Hey, I'm a retired city planner so I've seen inappropriate "appropriate architecture" before.

Years ago my then wife and I visited perhaps the Navajo Nation’s best known tourist attraction, Antelope Canyon, which is outside the town of Page, AZ.  It’s beautiful and the Navajo tour guide played a wooden flute that echoed all over the canyon walls.

If you only want to dip your toe into the Navajo Nation, you can stop in the town of Cameron on U.S. 89 just outside of the Grand Canyon entrance road.  There has been a lot of recent road improvements and tourist construction there – now they even have a roundabout at the intersection of SR 64.  It looks to me like the Navajos envision trapping you there so you won’t be tempted to go deeper into their territory … like I did.

Saturday, October 19, 2024

 A medical emergency while traveling

Yes, on my October 2024 trip to Utah and the Navajo Nation I encountered a medical emergency so serious that I might have died if I hadn’t made it to a hospital emergency room in time.  But what I want to emphasize here is the very serious registry implications arising from this medical emergency that you should be aware of if anything similar ever happens to you while traveling.

If you are a man – and let’s face it, most registrants are – as you age you will likely begin to have prostate problems – enlargement, difficulty peeing etc.  Like me, you may take a medication like Flomax to reduce the swelling.  But also like me, you may not realize your prostate can suddenly swell up and cause what doctors call “retention,” i.e. you cannot go even as your bladder gets ready to explode.

Upon returning to my “bunkhouse” after my second day at Zion National Park (see my blog post “Utah’s National Parks & Monuments”) late that night I suddenly began to experience “retention” but I didn’t know what was going on. At first it was very very difficult and painful to pee but not impossible. 

I was unable to sleep much of that night but told myself surely this is temporary and would go away in time.  The next morning was my Day 7 in Utah of the 9 days allowed per 12 month period (not the 10 days specified by statute because as I always say, you have to assume that the 10th day would trigger an obligation to register and that all partial days will be counted).  If you look at my Utah blog post you’ll see that I was planning to leave Utah to enter the Navajo Nation but re-enter to visit Bears Ears National Monument for two partial Days 8 & 9, so I was using up every Utah day I was allowed in 2024.

It so happened that my plans for that day were simple – drive from La Verkin, UT to Page, AZ about 175 miles away, which was to be my gateway to the Navajo Nation. I took the more southerly route (U.S. 89A) so I could at least pass by Vermillion Cliffs Nat. Mon. which, yes, is spectacular. In doing so I entered Arizona at about 11:00 on a Monday morning.

Arizona’ SOR law includes a visitors grace period of 72 hours not including weekends and holidays.  Since I was planning to re-enter Utah to camp in Bears Ears the following afternoon, that would be about 32 hours in Arizona on that first leg of my journey.  The next morning (Wednesday) I would return to the Navajo Nation, where I would be in Arizona until the following afternoon before exiting at Window Rock, so that’s another 32 hours or so. As you can see, this neatly split AZ into two equal pieces so I’d never get anywhere close to the 72 hour limit, while making use of the last two partial days available to me in Utah.

By the time I arrived in Page AZ my “retention” was worse than ever.  I knew Page was a big enough town to have a hospital, but instead of plugging it into my GPS and heading for the emergency room I did the stupidest thing imaginable.  I continued to wish it would go away and actually showed up at the Antelope Canyon tour place and signed up for a canyon tour the following morning.  Then I headed off for a nearby campground. 

It’s a darned good thing I stayed nearby because by midnight I was heading for the Page Hospital Emergency Room driving in great pain.  And then I ran into another medical emergency when the hospital staff – in my opinion – botched the catheter insertion that drained my bladder.  So by about 2:00 am I left the hospital with a painful catheter in me to try and sleep in my minivan (which as always had a comfortable bed in the back) in their parking lot.  I even went back in when I woke the next morning (Tuesday) to discuss everything before deciding how to proceed.


When I looked thru my photos later I couldn't believe I'd taken a pic of the emergency room entrance - even then I guess I knew I'd be blogging about this

What were the registry implications of what had happened so far?  For one thing, if either (a) I had been much stupider than I actually was that night, or (b) if the hospital staff had botched my catheter much worse than they did, I could have ended up hospitalized in a state that only allows me 72 hours of which I had already consumed about 13 when I arrived at the hospital.  The clock was ticking.

As an out-of-stater I don’t know Arizona’s procedure, but I can only assume that initial registration must be in person and must happen before the end of the 72 hour grace period.  And where would I have to go to do this?

Now you see the urgency of all this.  If I was laid up in a hospital for more than 2 days I could be committing a registry violation, which, if Arizona is anything like Florida or Iowa, could mean prison time!  I am so fortunate that this didn’t happen.

Then there are the Iowa registry travel reporting considerations.  If my itinerary changes enough to make a difference to them I can call in that change.  I believe they’d care about a 2-3 day hospital stay because it would delay my previously reported return date.  And making this change would necessarily document my time in Arizona.

Taking all this into account, including the fact that in the hours and days that followed I really did feel better as the hospital staff had promised, and considering how disappointed I was to have my Navajo Nation tour totally ruined, I decided on a truncated version of my original route through the Navajo Nation wherein I camped in Utah as originally planned.  From there I drove straight south to Window Rock and Gallup, NM where I got on I-40 as originally planned. 

By the time I got home to Iowa the Page Hospital had sent all my records to my urologist and I had an appointment with her.  But the most important message of this story is – DO NOT be stupid like I was.  We’re all getting older and some kind of medical emergency is coming.  When it does, recognize it and don’t try to wish it away.  Get help.