Navajo artist Alex Beeshligaii talks with Lee Jackson, manager of Sacred Grounds Trading Post in Tucson. A federal law designed to protect American Indian artists is almost unenforceable, authorities say. "The responsibility falls on the retailer," said Jackson.

james s. wood

More Photos (4):

Other articles by Levi J. Long:

Celebration of basketry, Native foods returns to the reservation Rat Pack reprises 'Rat Pack' reprises Live Theatre finds the right holiday play Project targets anti-gay violence and homophobiaThe beat goes onPatty Weiss moving to Madison, Wis.And the reality-host winner is . . . KRQQ DJs' gig on 'Ellen' will air Friday Insightful look at Navajo culture

General
CORT
WAREHOUSE/DRIVER Construction
Komatsu Equipment Co
Mechanic General
CORT
Warehouse Supervisor Health Care
Rio Salado College
PA's/Online Instructors Education
Assessment Technology, Inc
Social Studies Content Writer

Navajo jeweler Alex Beeshligaii, has developed some strategies to protect himself from cheap imitations of American Indian arts and crafts.

Beeshligaii, of Tucson, uses real stones and original inlay designs — with his signature, of course — in his mosaic jewelry.

But he also sends flowers to clients around the world as a thank you for their purchases.

"It's one way to stay competitive," he said. "It helps ensure that buyers will come back to you."

Beeshligaii is competing in the $1.2 billion-a-year American Indian arts and crafts industry. It's a tough competition. The market has been flooded with inauthentic goods made in the United States and foreign countries, despite laws against that practice, according to the Interior Department's Indian Arts and Crafts Board, based in Washington, D.C.

"It's a problem across Indian Country and it's not going away," said Meridith Stanton of the board.

A 2005 report looking at the impact of imitations on American Indian artists estimated a loss of $500 million due to mass-produced jewelry, baskets, pottery and rugs.

For 52-year-old Tohono O'odham weaver Karen Antone, the impact simply means less money for groceries to feed her family of four.

"It's taking away from our livelihood," said Antone, who has seen traditional O'odham designs on mass-produced baskets made in China. "It's stealing everything from us, including our culture."

About 24 gift shops, ranging from high-end galleries to tourist shops, sell American Indian arts and crafts in the Tucson area.

Experts consider Tucson a secondary market for American Indian art, behind Santa Fe, Phoenix and Albuquerque. Here, too, fakes can be found, said Lee Jackson, who manages Sacred Grounds Trading Post, 1814 E. Sixth St.

Unscrupulous store owners try to hide "imported" tags or stickers and pass off the goods as American Indian-made, he said.

That's against the law — specifically, the Indian Arts and Crafts Act. It's a truth-in-advertising law that provides criminal and civil penalties for marketing products as "Indian-made" when they are not made by American Indians.

If a business is convicted of violating the act, penalties range up to $250,000 and can carry a five-year prison sentence. If a business violates the act, it can face civil penalties or be fined up to $1 million.

But since the law went into effect in 1990, only two indictments have been brought against alleged violators, and there has never been a criminal conviction or a civil finding of wrongdoing, according to the Indian Arts and Crafts Board. The FBI and other authorities, including the state Attorney General's Office, pursue violations of the act.

"The responsibility falls on the retailer," said Jackson, who is a member of California's Santa Ynez band of Chumash. "We wanted to have a store with integrity and build trust with our artists and customers."

In 2000, the consumer-fraud division of the Arizona Attorney General's Office sued a Tucson business, Turquoise Traders, charging the owners with misleading customers about the authenticity of jewelry being sold.

Owners of the shop paid the state $4,000 in civil penalties and $1,000 in legal fees and costs.

Since then, there haven't been any other lawsuits or investigations of retail stores for violating the act, said Andrea Esquer, a spokeswoman for the Attorney General's Office.

Statistics unreliable

Until recently, the board didn't have a way to measure how global the counterfeit problem was because of unreliable statistics and figures, Stanton said. The report found that fakes are made in China, Mexico, Pakistan, the Philippines and Thailand, among other countries.

Among other findings:

● Federal and state laws are not protecting American Indian artists from unfair competition with low-priced and mass-produced imitations.

● Artists often have to cut their prices to compete in global markets.

● U.S. Customs and Border Protection, the agency charged with inspecting for potential violations, is not enforcing the law because of limited resources.

● Retailers continue questionable business practices by covering or removing country-of-origin stickers from price tags, displaying inauthentic items with handmade goods and failing to label non-Indian-made crafts.

The Arts and Crafts Board recommended improving the situation through consumer education and hiring more investigators to work on cases involving potential fraud.

If passed, a bill introduced by Sen. Jon Kyl, R-Ariz., would also give more authority to all federal agents to investigate possible violations of the act. The board is also looking into a ticketing system federal authorities might use for violators.

"Tucson is a place where exquisite work can be found," Stanton said. "But we need to protect those artists there who are making a living from their work."

Some American Indian artists and retailers are already taking steps to ensure fair-trade practices.

Tucked behind a single-wide trailer amid dusty tribal buildings in Sells stands the Basket Shop, a concrete block building housing baskets, paintings and jewelry handmade by Tohono O'odham tribal members.

Basket weavers from the reservation sell their goods at the shop, ensuring access for consumers looking for authentic handmade crafts.

"It's not a secret that trading posts and curio shops have taken advantage of our people," said Terrol Dew Johnson, an O'odham basket weaver and co-founder of Tohono O'odham Community Action, a nonprofit working to revitalize tribal culture and traditions. "Imitations are taking away from these artists."

Through the co-op and a basket weavers' group, members learn marketing skills and fair-trade practices for their work.

"Everyone gets a fair deal. And that includes our artists," Johnson said.

Mark Bahti, a nationally recognized authority in Indian arts and crafts, often visits artisans' workshops to make sure everything is authentic.

He owns Bahti Indian Arts at 4280 N. Campbell Ave., a 54-year-oldgallery selling art mostly from Southwestern tribes, including Hopi Kachina dolls, silver Navajo jewelry and pottery from the Santa Clara Pueblo in New Mexico.

The store makes it a point to buy directly from reputable artists. Artworks in the store are signed and tagged with biographies, photos and contact information for the artists.

"You have to do it as a way to protect your reputation, your artists and your clients," Bahti said. "Every fake thing sold means less money going to an artist."