The Town of Plymouth (hereinafter "Plymouth") and the United American Indians of New England (hereinafter "UAINE") having reached an amicable resolution of their outstanding differences, hereby agree to the following terms:
1. UAINE will be allowed to conduct a demonstration, which may include a march, between the hours of 12 p.m. and 3 p.m. every Thanksgiving Day/Day of Mourning, beginning at Cole's Hill in the Town of Plymouth. Plymouth will not require UAINE to apply for a permit from plymouth to conduct such demonstration and/or march.
2. UAINE agrees that it will give notice to PLYMOUTH of the route, time, and the approximate number of expected marchers on or before November 1 of any year in which the demonstration includes a march.
3. UAINE agrees that it will use its best efforts to maintain order for the demonstration and the march.
4. PLYMOUTH officials will work with UAINE so that preparatory activities for the noon assembly at Cole's Hill will be facilitated.
5. The Town Manager of Plymouth will serve as a liaison with UAINE for the purpose of facilitating Day of Mourning activities in 1998 and future years. The parties agree to confer with each other regarding those activities.
6. The parties agree that after November 26, 1998, representatives of UAINE and the Town Manager of Plymouth will confer to discuss the activities of 1998 and the lessons learned from such activities.
7. UAINE agrees that they will publicize these agreements regarding the Day of Mourning through whatever means necessary, including UAINE and related web sites, and will urge peaceful participation in the 1998 demonstration.
8. PLYMOUTH is providing a letter from the Pilgrim Society dated September 14, 1998, regarding the Pilgrim Society's compliance with the Native Graves Protection and Restoration Act.
9. PLYMOUTH will use its best efforts with the Plymouth School Department and UAINE to locate one or more facilities where UAINE will be able to serve a meal for the Day of Mourning participants on November 26, 1998. To the extent that a custodian or other school personnel are required to be present, PLYMOUTH will absorb the cost for November 26, 1998.
10. Plymouth agrees that it will ask the Commonwealth of Massachusetts to open Myles Standish Park for the use of Day of Mourning participants on November 26 and November 27, 1998, for the purpose of camping.
11. PLYMOUTH agrees that the National Day of Mourning will be listed as a formal event on all calendars that list official events of [the] Town of Plymouth.
12. PLYMOUTH agrees that Destination Plymouth will make available a UAINE brochure describing the National Day of Mourning which brochure will be produced by UAINE.
13. PLYMOUTH agrees to make available to UAINE its "showmobile" for use during the National Day of Mourning speeches. If UAINE elects to use the "showmobile," the Town of Plymouth will ask for the appropriate permits from the State of Massachusetts. UAINE recognizes that PLYMOUTH cannot guarantee that those permits will be issued. If UAINE elects to provide its own stage and sound system, PLYMOUTH will cooperate to facilitate its installation and powering on the Day of Mourning.
14. The Board of Selectmen of Plymouth will recommend to the Superintendent of Schools that he or his designee meet with UAINE to discuss materials presented from the Native American perspective that could be included in the Town of Plymouth's school curriculum as well as outside speakers who could contribute a similar perspective to the students of the Town of Plymouth.
15. The Board of Selectmen of Plymouth will urge the Old Colony Memorial either to include an insert provided by UAINE in its November 19, 1998, edition or to provide a half page in the first section of the newspaper on that day at no cost to UAINE. The insert or half page will include information about Day of Mourning and the text of Frank James' 1970 speech.
16. The insurer for the Town of Plymouth will provide $15,000.00 to defray the cost of two plaques, said funds will be held in an interest bearing account by Brody, Hardoon, Perkins and Kesten and will be distributed only for the use of the erection of said plaques. The first plaque will be created for prominent display near the statue of Massasoit on Cole's Hill to commemorate that the National Day of Mourning has been observed in Plymouth since 1970. The PARTIES understand the language and placement of the plaque is subject to approval by the Commonwealth of Massachusetts and the Massachusetts Historical Society and agree that PLYMOUTH will cooperate fully to obtain the approval. The second plaque will be created for placement in Post Office Square in memory of King Philip. If suitable placement for the plaque is on private or church property, PLYMOUTH will attempt to obtain approval from the property owners. The proposed language for the plaque has been provided by UAINE and will be subject to approval by the Massachusetts Historical Society who will be asked to confirm the accuracy of the facts set forth in the plaque. No higher level of accuracy for the ancient facts set forth on the plaque will be demanded than has been required for representations that are made in the Town of Plymouth with regard to Plymouth Rock and the traditional story by the Town of Plymouth about the rock and the early history of Plymouth.
17. The PARTIES understand that a substantial monument memorializing the deaths of Native Americans and located in the Town of Plymouth waterfront is being contemplated by the Commonwealth. The Town Manager of Plymouth will periodically inquire of the D.E.M. and will advise UAINE of the progress of the plans to build such a monument. PLYMOUTH will also urge the state to consider the views of UAINE regarding the proposed artist and design of any such monument.
18. The PARTIES understand that PLYMOUTH is considering the exploration of sources of funding for a monument to Native Americans. If PLYMOUTH is able to secure any such funding, it will include UAINE in a committee to advise with respect to the artist, design, and placement of such monument.
19. The General Star Insurance Company will donate $100,000.00 on or before October 27, 1998, to the ACLU Foundation of Massachusetts for the Metacom Education Fund.
20. The General Star Insurance Company will donate $20,000.00 on or before October 27, 1998, to the ACLU Foundation of Massachusetts.
21. UAINE agrees to provide Releases of any and all potential civil claims against the Town of Plymouth and other law enforcement agencies involved in the 1997 Day of Mourning incidents from all 23 individuals against whom criminal charges were pending as of October 16, 1998.
22. PLYMOUTH agrees to provide a Release to each individual described in the previous paragraph of any and all claims by the Town of Plymouth or its employees or agents against such individuals.
23. A copy of the resolution by the Board of Selectmen of the Town of Plymouth to authorize its Town Manager to execute this agreement is hereto attached.
Signed under the pains and penalties of perjury.
October 19, 1998
Eleanor Beth for the Town of Plymouth
Mahtowin Munro and Roland "Moonanum" James for UAINE