Shooting the Messenger...the Persecution of Lionel Custalow

Virginia's Mattaponi Indian Reservation, and the tribe itself, are on fire.... AGAIN!

Lonnie Custalow

According to our sources, the Mattaponi Indian Nation in Virginia have a war within. On one side is the 'sanctioned and gatekept' chief, Mark Custalow, and his council. On the other side is the 'elected' chief Lionel 'Lonnie' Custalow, and his council. In the middle are the Mattaponi people. This battle is almost 150 years in the making, and pits reservation dwellers against off-reservation members, reservation dwellers against other reservation dwellers, family against family, and historical Mattaponi families against the 'sanctioned' and enrolled members. This disagreement could not come at a more inopportune time, as the tribe has a petition for Federal Recognition pending at the BIA. This petition will be the subject of a later blog.

Before you ask, why yes...this tribe does have tribal trustees and attorneys. However, they were hand-selected by Mark Custalow and his council, leading to questions as to whether they represent the interests of Mark and his council as personal advocates, or the interests of the tribe as a whole, the latter of which appears to be doubtful. This makes a big difference in any outcomes. Mark Custalow has indicated, via the press, that it's his tribe, and he's free to do what he likes....and views any input from the Commonwealth of Virginia as an affront to his TRIBAL SOVEREIGNTY. Not that the gatekeepers seem to care enough to find out what the real problem is. Remember, this is a state recognized tribe and under the protection of the Commonwealth of Virginia, allegedly, although it appears that they really don't care what's going on down there, and refuse to intercede, it is unknown whether they know that conditions are extremely volatile and may even be dangerous. This dispute is at a flash point, with the King William County Sheriff being called on more than one occasion. This article is from the newspaper, and gives a brief rundown:

This article was published by Alex Scribner on April 5, 2022: After a year of public feuding, Mattaponi tribal conflict comes to a head

"Correction: A previous version of this article stated that trespassing charges brought against 13 people had yet to be pursued. In fact, final rulings in those cases were deferred for a year. We have updated the article and apologize for the error.

After a century of exclusion, Women's History Month 2022 ended with historic changes for Mattaponi women, who voted last week in the tribe's first open elections in nearly 50 years. It is believed to have been 100 years since women last voted in tribal elections.

Christine “Rippling Water” Custalow, the 84-year-old matriarch of the tribe, cast her first vote in any election. The past year featured many firsts for Custalow, including being booked at the King William County magistrate’s office.

“I never thought I'd have to face Mark and say, ‘I want my rights,’'' she said, referring to longtime Chief Mark “Falling Star” Custalow. “I honestly feel very proud for being arrested – didn’t know I was being arrested, but one day I’m going to let him know how it felt for him to do that to us.

“He picked us, too, 13 people,” she said. “Everything was for a reason.”

‘Give us our rights, give us our voice’

Tribal conflict became public last summer when social media pages, known as Mattaponi Voice or “Spirit Crow,” posted allegations that the tribal council deceived the tribe for years. Months passed as tensions continued to rise. In support of the allegations, reservation residents, tribal descendants and allies posted numerous grievances against the council.

Seeking inclusion in tribal business, the Mattaponi Women’s Coalition met with Chief Mark Custalow last June. Their initial request was for the right to attend tribal meetings, vote, run for office and be granted land on the reservation. When asked how he would rectify the lack of political participation from women, he blamed the governing bodies of the past.

According to tribe members, the council and chief denied further requests to meet, and audio from allegedly secret meetings posted online revealed the council was seeking to create a new constitution that expanded and entrenched their power.

After months of council inaction – denied or ignored letters, phone calls and requests for more meetings – members took matters into their own hands. Several Mattaponi tribal descendants and allies peacefully marched around the reservation’s old dirt road last fall, delivering notices to the current tribal government.

“I will not stay silent so that you can stay comfortable,” one sign held by a tribe member read. “Give us our rights, give us our voice,” another requested. “You will find out you have no choice.”

Calling for elections, the group left notices at the houses of each council member and the chief saying they were no longer recognized as tribal leaders.

As the Virginia Mercury reported, the chief went to the King William County magistrate, seeking misdemeanor charges for trespassing and assault by mob against 13 tribe members and allies. Earlier that day, Sheriff Jeff Walton was on the reservation, and according to a video detailing the event, he acknowledged that participants had the right to peaceably assemble. The assault charges have since been dropped, and final rulings on the trespassing charges were deferred for a year.

The group's second protest followed an annual ceremony where the Mattaponi and Pamunkey chief present tribute to Virginia’s governor. At the Bell Tower in Capitol Square, Indigenous women and allies called for new leadership moments after the ceremony’s conclusion. Raven “Brightwater” Custalow was one of the speakers featured at the event.

“Our sovereignty was taken away over time and replaced with colonial settlers’ ideals,” she said. “Self-determination empowers the tribes to exercise their sovereignty, control their own tribal affairs and have the autonomy to fully engage in all aspects of their culture.”

When their calls for increased participation were rebuffed again, tribe members decided they would hold their own elections, which took place Saturday, March 26.

“Our election today was historic,” said Lionel "Wise Spirit" Custalow, who was elected chief, in a press release. “It is the first time our Tribe has adopted a constitution that bans discrimination in tribal membership and the allocation of tribal resources.”

The election results were certified by former Virginia Board of Elections Secretary Cameron Quinn and a letter from newly elected Chief Lonnie Custalow was hand-delivered to the Secretary of the Commonwealth’s Office last Tuesday.

Gov. Glenn Youngkin has yet to host his first tribute ceremony, but Secretary of the Commonwealth Kay Coles James said she “looks forward to a continuing relationship with the new leadership of the Mattaponi Tribe chosen” in the election, VPM News reported late last month. The governor’s office did not respond for follow-up comment on the election results.

Incumbent tribal leadership is pushing back on the legitimacy of the election. Two days following the election, they shared a notice with “Tribal Members and other Tribal Communities,” which they later shared with VPM News.

“At a minimum, the Spirit Crow Group’s actions are harming the Tribe by creating confusion among tribal membership and outside parties,” it reads. “If they call themselves Chief, Assistant Chief or Council Members of the Mattaponi Indian Tribe, then they are misrepresenting themselves as government officials.”

Ultimately, the Secretary of the Commonwealth will determine who they will recognize as the tribal government. Who that will be remains unclear.

“I don’t know what will happen. Stay tuned,” Claire Gastañaga, a lawyer advising the Spirit Crow group, told the Virginia Mercury. “My clients hope that, ultimately, the two sides will be able to come together and focus on common interests in seeking a resolution.”

Seeking federal recognition and cultural revitalization

Grievances from Spirit Crow group members don’t end with political participation.

Virginia recognizes 11 tribes within the state, and seven of those are federally recognized. The Mattaponi, however, only have state recognition. As a sovereign people, they have the right to self-governance, but federal recognition opens access to millions of dollars in grant money.

The Mattaponi first applied for federal recognition in 1995, but several Mattaponi tribal descendants blame Chief Mark Custalow for failing to get recognition.

The recent election allowed registered members of the tribe to replace current leadership and pass a new constitution and bylaws. Passing a constitution and having set criteria for membership are crucial steps towards gaining recognition.

Newly elected Chief Lonnie Custalow says the elected council plans to engage in “responsible, open, and inclusive self-governance … assuring the sovereignty of our tribe as an independent governing body in Virginia with full ownership and responsibility for our ancestral lands.” 

Five women were elected, including Christine’s children, like Gloria “Moonlight” Custalow for assistant chief, and grandchildren, like Raven for council. All three women participated in the tribute ceremony protest.

“She’s very outspoken,” Christine said about her daughter, Gloria. “She’s very passionate about it. I’m very proud of the kids.”

Descending from both Custalow lines (not everyone mentioned in the story is directly related unless mentioned), Christine’s children are known as the culture keepers. One grievance alleged against the council is the denial of access to Christine’s pottery kiln. Until about a decade ago, she taught native children from tribes across the area.

“I was teaching them clay, beadwork, regalia-making, dance, everything,” Christine said. “Some from Pamunkey, some from Upper Mattaponi, and some from Rappahannock – just teenagers, young kids. It worked out good.”

Christine would teach on Saturdays, sometimes in between shifts at her job in the health care sector, specifically in-home care.

“Sometimes I'd have to go to work, fix breakfast, then come home by 9 to open my classes, teach until 2, get in my car and go back to work,” she said. “But those children loved it. Now Raven and them are teaching their children.”

Raven learned from and sold pottery alongside her grandmother from a young age. She’s now president of Eastern Woodland Revitalization, which is dedicated to learning and teaching ways of tribal life and advocating for Indigenous communities.

The youngest of Christine's children, Lonnie, went everywhere with his mother before starting school. They spent most mornings out on the Mattaponi River with her mother and father, bringing their catch home for meals.

“Lonnie wanted to fish, so Daddy would pull the boat up beside a tree and cut a little limb off and tie a string to it, put a safety pin on the end, [and] stick a worm on it,” Christine said. “That little stinker was catching fish when I wasn't catching any!” 

Elders taught Lonnie how to bow hunt, net fish and craft the heartbeat of the tribe: its drum. Lonnie and his brothers even taught the former chief how to play and sing. National Museum for the American Indian displays feature Christine’s pottery, and her work was featured at the VMFA. She says her connection to her heritage and culture started at a young age.

“Mama was bead working making for my older brother – we call him Bobo – Randolph, a belt and I'm on my knees in the chair watching her,” Christine said. “When it was time to cook her biscuits … for lunch, she put the loom over beside the window, and I'm still sitting there running my finger over the beads. I wanted to touch them so bad.

“It took me forever, but when I put those first four beads on there, I felt a little woman, like really, really this is something big.”

Beyond the election, the reorganized tribe says they want to extend that feeling of belonging to more tribal descendants. They hope to work on the success of the reservation, including finding space for future generations to connect with their ancestral land."

Curiosity got the best of us by the mention of secret recordings...so we decided to look for them.

Here they are, take a listen:

https://youtu.be/co3FD_9adoE?feature=shared (Please listen to this, discussing an afro-descended applicant for enrollment, who had the STRONGEST DOCUMENTATION of the entire tribe...whoops....)

https://youtu.be/h34vA2qnYQ4?feature=shared

https://youtu.be/LivqNF-7Rqw?feature=shared

This article came out in the Virginia Mercury, after council realized they had been recorded, and THEIR OWN WORDS were made PUBLIC....

Search warrant issued over Mattaponi Council recordings will be dropped, prosecutor says • Virginia Mercury, December 8, 2021

"A search warrant King William County authorities obtained in August for records from online giant Google relating to covert recordings of closed Mattaponi Tribal Council meetings will be voluntarily rescinded, an official said Tuesday.

“We’re not pursuing it,” said King William Commonwealth’s Attorney Matt Kite.

The warrant, issued by a magistrate in James City County and served on Google’s Mountain View, California, headquarters, sought to identify who provided surreptitious audio recordings of three Tribal Council meetings late last winter to the Mattaponi Voice, a YouTube channel that serves as an independent, online publication serving the Mattaponi people which made the recordings public. Google owns YouTube.

The Voice was unaware that the source of recordings of Tribal Council meetings on Feb. 6, Feb. 20 and March 20 of this year was the subject of a search warrant until November, more than two months after the warrant was issued, said Claire Guthrie Gastañaga, a lawyer and former Virginia ACLU executive director representing the Voice pro bono.

The effort by the King William Sheriff’s Office to gather a wide array of data about how the secret recordings were made public comes amid deepening tensions within the tribe over the unelected and secretive governance of the sovereign Mattaponi reservation.

Opponents of the current men-only governing body headed by the tribal chief say no elections for seats on the council have been held since the 1970s. Information about the council’s meetings is not made public and women have never been allowed to vote on tribal leadership or policy matters, they contend.

After a group of protesters left a petition at the home of Chief Mark Custalow on the reservation notifying him that they would no longer recognize the council’s authority and would hold open elections, Custalow filed misdemeanor charges of trespassing and assault by mob against 13 people. Their cases are scheduled for trial on Dec. 16 in King William General District Court.

In an affidavit filed in support of the search warrant, a King William sheriff’s detective whose name has been redacted from the document states that the recordings were made “without the authorization of the Mattaponi Tribal Council.” The recordings, the affidavit attests, included “confidential information such as tribal member names, projects and financial information involving the Mattaponi Tribe, which is a Sovereign Government.”

Because Virginia is a “one-party state,” any person who is a party to a conversation or present at a meeting can record it without the consent of others, Gastañaga said. The affidavit raises the possibility that the recording may have been made illegally by someone not present – a violation of the state wiretapping statute.

“All tribal members present (at the Council meeting) during the dates listed … denied recording or giving permission to record. Four recordings were found posted on social media sites without any type of tribal council authorization,” the affidavit read.

The Voice YouTube channel posted two versions of the March 20 meeting.

Gastañaga said there is no evidence that an absent third party obtained the recording. She also said that the Voice could publish the recordings as long as it did not illegally obtain them regardless of whether the source of the recordings obtained them through legal or illegal means under U.S. Supreme Court precedents in its Pentagon Papers and Bartnicki v. Vopper rulings among others.

Neither Gastanaga nor Kite knew how long it would take to void the search warrant or the precise process for it as of Tuesday."

Oh wow, Mark Custalow and his council were BIG MAD! However, we find it interesting that the gatekeepers, and the gatekept, could not honor the election, but they could issue a subpoena behind some recordings? Are the gatekeepers involved, or aren't they? Or does it merely depend on who wants the support?

All the more troubling was the discussion, captured on tape, about leadership not really wanting to enroll a direct descendant of the last LEGITIMATE CHIEF, and their reasons why! Also, their plan to give lip service to women's rights, and their attempts to entrench themselves PERMANENTLY as tribal leadership through changes to the Tribal Constitution. Wow...just wow.... talking about corrupt! Gatekeepers...where are you???? Lastly, we heard that they pick and choose who they allow to have on-reservation lots, with preferences given to allies and immediate family members.

We would speculate that this is about money.... There has to be massive cashflows going through that reservation, but where is it at? Our sources tell us that there are people on the reservation that could really use the help. Other sources tell us that it is believed that some money comes through for that fish hatchery, that everyone in two counties believes has never been in operation.

Now more about Lionel 'Lonnie' Custalow, the 'elected' chief. The gatekeepers initially appeared to have the intentions to honor the election, but then something changed, and we were unable to find out the reasons why. As Mark Custalow whittled down those allowed to vote on his side to around twenty-eight people, Lonnie Custalow sought to be inclusive. We're told he was sent from person to person via word of mouth, to find out all he could about the tribal history and to understand more about the current tribal dynamics. He realized that some families had been trying to get enrolled for GENERATIONS and were rebuffed by the previous Custalow family chiefs. He welcomed them back after they provided proof of descent. We will discuss this in a later blog as well.

Lonnie Custalow, and his wife, also own a winery on the reservation. It has great reviews, and as far as we know, is the only viable business on the Mattaponi Indian Reservation. As part of this conflict, his daughters have been targeted, and his 80+ year old mother was arrested, and along with other 'misbehaving' tribal members, taken to jail for daring to walk on Mark Custalow's yard to deliver a petition. Now, it is pretty clear that Lonnie Custalow is a Girl Dad, and by all accounts, he most certainly appears to love his Momma. These incidents seemed to redoubt his resolve to fight it out, and that seems to have enraged the 'sanctioned' leadership. Determined to get Lonnie Custalow and his supporters back in line, we heard that Mark Custalow, and some of his council, have embarked on a campaign of constant and incessant harassment. Lonnie Custalow, by all reports, is a lifetime reservation resident, a culture-keeper, a business owner, and a former member of VA Council on Indians, who has also raised two daughters and kept them in the culture. Below is a timeline of the harassment that was provided by a source:

• June 2013, Lonnie Custalow's employee, his brother Steven Custalow, was apprehended by King William deputies, removed from his job at Custalow’s Cabinets (owned by Lonnie), and his home on the reservation at the request of Mark for distributing a flyer at the Mattaponi Powwow on June 15th.  The flyer (created by an anonymous source) called for financial transparency of tribal funds, equal rights for all members and an open and fair election of tribal members.  Acting on their first amendment right of freedom of speech, Steven, and another tribal member, who distributed the flyer, were both banished from their homes on the reservation.  Further, Steven was banned from returning to his job. This marked the beginning of the harassment of Lonnie Custalow and his family for speaking out against the newly self-appointed Mark Custalow and his council.  

• In 2018, Lonnie Custalow attended a tribal meeting and asked for financial transparency of tribal funds.  As a result of this request, policy was rolled out allowing only council members to attend the meetings going forward.

• August 23, 2021, US Fish and Wildlife Service Office of Law Enforcement officer, and a Virginia Game and Wildlife Law Enforcement officer arrived at Lonnie Custalows home after Mark Custalow knowingly, and maliciously, falsely accused him of shooting and killing a Bald Eagle. The officers quickly realized that an eagle had not been shot, and the federal officer allegedly asked Lonnie "Is there something political going on here? To which Lonnie allegedly replied, "Yes, and it looks like I am on the wrong side of it." 

• In the interim, the tribal women's movement had been calling for equal rights as tribal members since the 1980s.  Lonnie Custalow's sisters, daughters, and nieces were founding members of the Mattaponi Women's Coalition (MWC) advocating for their rights to attend meetings, vote and call for lot assignments on the reservation.

• October 29, 2021, Lonnie's family and supporters organized and held a peaceful march to deliver a letter and signed petition to the residents of each council member on the reservation.  The march participants ranged in age from a 6-month-old infant to a 93-year-old Elder. Not a single councilman opened the door to receive their letter, so it was left at their doors.  The letter declared that the tribal members and descendants had lost faith in its current self-appointed tribal government and called for a free and fair election. The letter also called for financial transparency of tribal funds, and equal rights for all tribal members, including women and non-residents of the reservation. 

• As a result, Mark Custalow personally filed a complaint alleging that 13 people trespassed on his property, engaged in "mob action", and asked county officials for emergency protection orders based on mob action charges against the same individuals, because when they went to his house to serve him a petition, and knocked on his door, it caused him "to fear for his life". Later that night, 13 of the march's participants, who were also Lonnie Custalows family members, were served arrest warrants for mob assault and for trespassing by the King William Sheriff's Department. 

• December 16, 2021, the 13 who were arrested were tried for criminal trespass. The judge did not decide the case but deferred disposition for a year provided the defendants stayed away from Mark and his property. The mob action charges on which the protective orders were based were withdrawn by the Commonwealth's Attorney, but the protective orders issued based on the unfounded charge remained in effect.

• March 26, 2022, first tribal election in 40 years. 42 of 60 enrolled lineal descendants of the tribe were qualified to participate in the election, and the election was overseen and certified by Cameron Quinn former Fairfax County Voter Registrar and former head of the Virginia State Board of Elections. Lonnie Custalow was elected chief, while women, and tribal members with afro-indigenous blood were elected to the council for the first time in over 100 years.

• Spring 2022 Lonnie's administration and their legal advisors made multiple attempts to have mediators who were experts in indigenous governance and dispute resolution systems get involved in the dispute. Efforts were rejected by the other side.

• April 4, 2022, Claire Gastanaga, counsel to the elected government under Lonnie Custalow, wrote to attorney(s) Jordan, Rogers and Nelson, counsel for Mark Custalow, on behalf of Lonnie Custalow and his elected council members stating their interest in “working together using formal mediation to try to resolve the issues and unite the Mattaponi Tribe.”

• April 25, 2022, Telephone conversation to discuss possible formal mediation held with Jordan and Nelson, participating as counsel for Mark Custalow and his council: Gastanaga, counsel for Lonnie Custalow and the members of his council who were elected on March 26,2022; Ken Cloak, an internationally regarded transformative mediator; and Monique McKay, a lawyer and mediator, former law faculty at William and Mary, and an expert in indigenous governance and dispute resolution systems, as well as a member of the Metis Nation in Canada. 

• April 27, 2022, Mark's legal counsel sent a letter reporting that Mark and his council did "not want to move forward with mediation" because they believed that (their friends and business associates who they self-picked as tribal trustees) "may be a more appropriate forum for the resolution of an internal tribal dispute such as this." The letter went on to say they will reach out to the Trustees and schedule a meeting, but no meeting was scheduled.

• May 14, 2022, Lonnie and his elected council were invited to hold a cultural event open to the public at Mangohick Fire Dept. XXXX, XXXXX emailed the event organizer on May 11 asking for the event to be cancelled. The email was sent allegedly on behalf of the Mattaponi Tribe and Reservation and attached a message from Mark Custalow, the self-appointed Chief, and his Council stating their authority. The fire department decided to go ahead with the event. Several report seeing Mark briefly at the event taking pictures of the attendees before quickly leaving.

• June 21, 2022 Letter sent from Gastanaga, counsel for Lonnie Custalow and his council, to Jordan and Nelson, counsel for Mark and his council, expressing disappointment that the offer of formal mediation by true neutrals was rejected out of hand and no trustee process was initiated and requesting as a show of good faith that Mark and his council return a kiln belonging to Lonnie's mother Christine, an internationally regarded potter, being held in the community center to which she was denied access on Mark's order. No response was received.

• August 8, 2022 through September 10, 2022, Mattapony Reserve published public notice of its application for an ABC license in the applicable newspaper on August 8th of 2022 and again on August 15th.  Due to a wrong zip code being published by the newspaper, the public notice was re-published in the newspaper on September 3rd of 2022 and again on September 10th.  The 30-day period for the filing of any objections, assuming the second publication is what controls, ended on October 3rd.  No objections were received from Mark Custalow, or any other person living on the reservation, nor any other person during the public comment period when the licensing application was pending. Obvious construction of the winery began.

• October 6, 2022, ABC granted Mattapony Reserve a farm winery license.

• October 29,2022 The winery officially opened.

• December 23, 2022, Mark sent Lonnie a certified letter demanding him to shut down his winery, purportedly under the authority of Chief and Council, even though they were operating without a constitution, regulations and had not been elected. Lastly, they had been aware of its construction as it was occurring.

• December 23, 2022, Mark filed a complaint with the ABC insisting on a hearing to object to the licensing of Mattapony Reserve. According to ABC regulation, objections to licensing MUST be filed during the public comment period prior to the license being issued.  No such objections were timely made by Mark, or any person living on the reservation.

• January 17, 2023, Anthony F. Troy wrote to the ABC on behalf of Mattapony Reserve responding to Mark Custalow’s letter.

• Spring 2023, after pre-hearing, hearing, and court hearing, the ABC upheld the licensing of Mattapony Reserve.

• March 9, 2023, West Point Chamber of Commerce (WPCC) contracted with Mattapony Reserve to hold an event at the winery.

• April 16, 2023, XXXXXX emailed President of WPCC on behalf of Mark and his council to say that they are requesting that the WPCC cancel their meeting at Mattapony Reserve. The event was cancelled as a result. Note: the WPCC held an event at Mattapony Reserve in 2024 with no incident and by the account of several attendees it was the most attended event making it a success.

• April 2023, Mark and his council sent a "gag order" demanding that Lonnie Custalow renounce his election, cease and desist holding themselves out as tribal leaders, and remove all references on social media and the internet of Lonnie's government. Failure to abide by these demands could lead to disenrollment and banishment from the reservation.

• June 17, 2023, Mattaponi Powwow. Mark and his council, allegedly without VDOT approval, blocked the road in front of the winery, preventing any cars from accessing the winery. It was reported that there was a standoff in the street between the two sides, with Sheriff Walton and his deputies being called to protect the peace.  Only after counsel for Lonnie Custalow, Tony F. Troy called Sheriff Walton directly on his cell phone to inform him that Mattapony Reserve is a state licensed winery operating on state owned property, did the Sheriff agree to open the roads for winery customers.

• For the remainder of 2023-2024, Mark and his family engaged in regular surveillance and took pictures of customers entering and leaving the winery.

• March 2024, Mattapony Reserve expanded its business to include a food truck. A custom food truck was designed and purchased along with a utility van for hauling it.

• May 2024, VDH informed Lonnie Custalow that Tribal leadership contacted them as well as their lawyers to inform VDH that it does NOT have permission or authority to inspect our food truck on the reservation.  Because of regulations, food trucks must be inspected where they are "housed".  The inspector at King William Department of Health was also contacted.  Mark’s incessant interference delayed licensing and business for Mattapony Reserve. Eventually, Mattapony Reserve’s food truck was licensed for operation.

• May 20, 2023, Kenaanee Spring Market sponsored by the Virginia Native Arts Alliance held an indigenous artisans' event at Mattapony Reserve. The week prior Mark and another of his council members contacted the event sponsor and Chief Gray of Pamunkey tribe to demand that the event be cancelled at Mattapony Reserve. Fortunately, the event sponsors were not intimidated and held the scheduled event.  The event was a success as it showcased many local indigenous artisans and their talents.

• June 15, 2024, Mattaponi powwow. Mark and his council, with VDOT approval this year, closed the road entering the reservation even though the winery was open that day.  One of Mark’s family members was collecting money for admission on the state road before entering the reservation and was telling winery customers and employees that the winery was closed, and they could not go to the winery.  They were told to speak with Mark’s and his council if they wanted to take up the issue. Note: A representative from VDOT allegedly contacted Lonnie Custalow the following week and apologized for agreeing to close the road.  According to him, he was unaware that the road closure blocked the entrance to his business.

• December 18, 2024, Lonnie Custalow, and his sister Gloria (elected assistant chief), received letters from Mark and council disenrolling them and reducing their lot assignments.  According to the letter, upon their deaths, their heirs may NOT inherit their homes and businesses.  The tribe would then take possession of their properties (without compensation). Further, the letter warned that Lonnie and Gloria may NOT engage any state authority, court or Sheriff in any complaint against Mark and his council.  Failure to comply will lead to immediate and permanent removal, and banishment from their homes and businesses.

• February 4, 2025, Lonnie Custalow ordered materials to replace boards for maintenance on his private pier. Mark Custalow allegedly called a Virginia Marine Resources (VMR) representative stating that Lonnie was doing work without a permit, and he wanted the repairs to be stopped.

• February 5, 2025, Lonnie was contacted by the contractor to say that he received an email from VMR. The man stated that he has multiple calls from tribal leadership complaining that Lonnie was building without a permit. The reservation is exempt from zoning and licensing as well as permits.  

This is a lot to process! We find the part about the pier repairs interesting, as we have been told that boaters can access the winery from the pier. This smells like another attempt to limit customer access to the winery.

Now, mind you, this doesn't include, according to our sources, the numerous emails and phone calls allegedly made by Mark Custalow, and some members of his council, to potential organizational customers for the winery. This is considered interference with commerce. Nor does it include, according to additional sources, the numerous complaints, via email and phone calls, against their perceived non-tribal enemies that have been allegedly made to universities, historical sites, other indigenous organizations, and the press, in an attempt to control the narrative.

Yes, this is about the punishment and persecution of anyone who gets in the way, while the gatekeepers turn a blind eye. Lonnie Custalow, it appears, is easier to harass because he is enrolled, lives on the reservation, and runs a business there. Besides, the gatekeepers are not going to interfere with the tribes RIGHT to exercise their TRIBAL SOVEREIGNTY (or the right to threaten and violate people's civil rights). Why are they willing to go this far, and hang on to power at all costs???? Why not evolve into a better tribal leadership instead of shooting the messenger? We can only guess.... Personally, we would look back in time to the roots of this dispute. We would guess some tribal members are not aware of exactly what's going on or being silent out of fear.

Lonnie, we wish you good luck trying to pull this tribe into modern times!

***If there is any dispute on either side about what has been reported in this blog, please contact us via email. No, your threats will not work here because we will sue you. Also, you are certainly free to call our jobs, as well, because we will sue you for that too. We will not be bullied; the truth is the truth. Thank you to all of those who stuck their necks out to have this story told.