Stepping into a Native American cultural conundrum

Part of this story starts in a design studio in Paris.

The other part starts at Nike headquarters in Beaverton, Ore.

But it could also be said that both parts of the story start in a distant past detailed by the oral histories of the O'odham and Hopi people of Arizona.

In January, Nike partnered with O'odham tribe member Dwayne Manuel, who teaches art at Salt River High School on the Salt River Reservation near Scottsdale. It was the first time the company collaborated with a Native American to be the primary designer on a collection reflecting his culture. Manuel's Desert Journey collection is composed of three sneakers, a hat, T-shirt and a jacket.

Manuel, who has an MFA, specializes in drawing and graffiti art and designed the collection to mark the 2015 Super Bowl, which was played in Glendale.

The collection "interpreted two traditional symbols, the war shield and the whirlwind, which together reflect Manuel's heritage and illustrate the modern competitor's long, battle-filled journey," according to a press release. The designs also feature a version of the O'odham's Man in the Maze design.

Nike provided a $20,000 grant to the Salt River Pima recreation program and paid Manuel for his work.

Manuel said his tribe is proud of him.

"These designs are for the people. They're everybody's designs. Some are a basic template. But my people are artists. They've always made their own designs," Manuel said.

The next month, in late February, the Parisian shoe designer Christian Louboutin launched the "Tribaloubi" line with parties in Paris, New York and London. The website read: "This season, Monsieur Louboutin draws inspiration from Native American culture ..."

In describing the platform-heeled sandal "Azunarico" specifically, the site referenced the Hopi, a 10,000-person tribe in northeastern Arizona, but the whole collection of four shoes, a backpack and a purse borrows broadly from the tribe's motifs.

One of the shoes, "Puebla," is a kind of foot Katsina: slitlike black eyes on a turquoise face, a yellow knob nose affixed to the front of a platform sandal.

The Hopi consider this to be an instance of cultural misappropriation, an issue that plays out repeatedly in the worlds of fashion, music and fine art.

"We've had no contact with the designer. Clearly, this is another example of wrongful commercial exploitation," said Leigh J. Kuwanwisiwma, director of the Hopi Cultural Preservation Office on the Hopi Reservation. "The designs are from our imagery, from our Katsina friends. Now they're being commercially exploited. It's misappropriation of what I feel are clearly tribal cultural patrimony."

This is a story about shoes, clothes and accessories that seem similarly inspired by Native Americans indigenous to Arizona. But the items, and what they mean, couldn't be more different.

The problem

Artists have always been inspired by other artists.

But today, offense at cultural appropriation — using a motif from a culture the artist is not a member of — has been heightened by the proliferation of mass culture through TV, social media and websites. More people can see, and instantly react to, what brands and artists are doing.

And our society's awareness of cultural appropriation as a problem has also grown, fomented by social justice studies, the celebration of diversity and the ability of social media to highlight the views of those being disenfranchised.

Indigenous people's motifs, clothing and accessories are incorporated by designers without permission, context or cultural understanding often enough that there are blogs and areas of academic study devoted to the act.

The 1990 Indian Arts and Crafts Act, which prohibits falsely advertising something as Native American-made, doesn't cover these instances. These brands only promote their wares as "inspired by" or via proximity to Native Americans.

A few recent controversies worth highlighting: In February, at New York Fashion Week, the brand KTZ presented a line that was a " tribute" to indigenous peoples that lifted designs from the Crow, Navajo, and other tribes. Native American cultural advocates pointed out that no Native Americans were involved in the production of the collection, nor did they feel "honored." KTZ has not responded to the criticism.

In December, Ralph Lauren ran historic photos of Native American men wearing suit jackets and other European fashions in his holiday catalog, even though such images are seen as degrading examples of colonialism. The brand apologized and removed the images from its website.

In 2012, a Victoria's Secret model took to the runway in a floor-length headdress and turquoise accessories, mixing the influences of several tribes into one "Native American" look. The brand apologized and pulled the look from the televised version of the show.

In 2012, Urban Outfitters carried a selection of items referencing the Navajo, including a "Navajo Print Fabric Wrapped Flask" and a "Navajo Hipster Panty." The tribe sued for copyright infringement and references were pulled.

Examples of notable brands successfully collaborating with indigenous artists exist, although they're so few as to be counted on one hand, according to Jessica Metcalfe, who runs the online boutique Beyond Buckskin, which specializes in fashion and accessories from indigenous designers.

Metcalfe, who has a doctorate in American Indian studies from the University of Arizona, names men's fashion designer Siki Im, who collaborated with Navajo weaver Tahnibaa Naataanii to create a collection inspired by the work of Pueblo pottery artist Maria Martinez in 2011. She mentions women's fashion designer Donna Karan, who partnered with Cochiti Pueblo artist Virgil Ortiz to create a collection inspired by his pottery in 2003.

The distinction between an acceptable collaboration and cultural appropriation lies in a nuanced list of actions that evolves with society's understanding of race, identity and privilege.

Best practices to avoid disenfranchising indigenous people include making sure they have:

• Involvement at outset of ideation and design processes.

• Influence and control throughout design, production and marketing.

• Financial or resource-based compensation.

But those are just a place to start. Tribes don't function like brands. And they don't manage their motifs identically.

There are 566 federally recognized tribes in America and they all have different standards about what can be shared and with whom.

The Nike shoes

"I based the Desert Journey graphic on traditional designs that are used to decorate basketry and weaponry — two everyday objects that are passed down from generation to generation, and when viewed from a different perspective, relate perfectly to the traits of the modern competitor." — Manuel in Nike press release announcing the collection.

Manuel sees himself as an artist who comes from a community of artists. He sees his designs as his own, even as they incorporate versions of his tribe's traditional motifs. The images are powerful and have meaning to him and the O'odham people, but he's comfortable sharing them with anyone who wants to buy the Nike Desert Journey jacket, T-shirt and hat, among other items.

His tribe is comfortable with this, too. A few members were critical, but that's art, and life, according to Manuel.

In addition to the collaboration with Manuel, Nike has several indigenous athletes who serve as ambassadors for the N7 line, which raises money to support indigenous people's participation in sports.

But Nike doesn't always get it right, either. As recently as November, the company drew blowback from indigenous communities when it produced a collection inspired by tribes of the Pacific Northwest.

Nike said the collection was a collaboration with Coast Salish artist Peter Boome. The issue was that the designs weren't Coast Salish, and Boome was only asked to help collaborate with Nike designers to "authenticate" and craft a collection of generic, pan-Pacific Northwest designs. This would be like asking an Irish person to collaborate on and "authenticate" designs depicting Welsh culture.

Nike changed the marketing language at the time. But Nike did not respond to requests for comment for this story.

Manuel isn't preoccupied with questions of appropriation or representation. He didn't ask for approval from a tribal council, group of elders or anyone else in his community before doing the work.

"I know what the Man in the Maze symbol means to me," Manuel said. "It's not the exact symbol that was made a long time ago. It's a version of it. The designs I'm using, they're powerful as well, they mean a lot.

"But I don't know who I would've asked. I'd have to kill myself and go to the next world and ask for permission, I guess," he said.

"The big thing I want people to know is, the designs from your tribe, you know what it means. If you know what it means to yourself, you can't be bothered about what other people do with those designs."

For some tribes, such transparency and such individualistic understanding about the meaning and ownership of art is unheard of.

The Parisian shoes

Azunarico, $1,345. "Features a colorful pattern of suede and leather cutouts that evokes the traditional art of the indigenous Hopi tribe." — from us.christianlouboutin.com.

Louboutin, best known for the red lacquer finish on the soles of his shoes, launched the Tribaloubi line, describing the Azunarico shoe as evoking "the traditional art of the indigenous Hopi tribe."

In an apparent nod to the controversy, after a reporter e-mailed the brand to ask about the site's use of the Hopi name, the brand deleted the reference. Louboutin's press office declined several requests for comment for this story.

Pieces from the Tribaloubi collection are not available in Arizona's Louboutin retailers or in Las Vegas, the site of the nearest brand boutique. They are for sale in Los Angeles.

And anyone can print a Louboutin e-mailed template that can be folded into a Hopi-inspired finger puppet. To see how and why, Instagram turns up 306 references to #Tribaloubi — fashionistas wearing finger puppets and drinking Champagne.

An historically private people, the Hopi have chosen not to trademark their designs, unlike the Navajo, said Kuwanwisiwma, the cultural preservationist. Trademarks run out.

"Then what?" he asked. "They are still sacred to us after 75 years. It's not OK for people to suddenly use them."

This idea is unlikely to move Louboutin. He sells hundreds of thousands of shoes for up to $6,000 a pair, and he trademarked the gleaming red finish on the bottoms of his shoes in 2007.

Compounding the issue, Louboutin is a particularly irreverent designer.

According to a 2011 New Yorker profile by Lauren Collins: "He believes, anyway, in repelling preciousness with a sense of humor," she wrote. " 'Really good taste, you have to forget about it,' he said.

Why it matters

Kuwanwisiwma and other indigenous art and social-justice advocates are pushing for a new normal of cultural empathy and respect.

The Hopi don't want anyone who isn't Hopi carving Katsina friends or weaving baskets or shaping pottery featuring their designs.

Brands' disregard for the wishes and beliefs of indigenous people is appalling, but not surprising, said K. Tsianina Lomawaima, an Arizona State University professor in the School of Social Transformation.

"This disregard is linked to deeply entrenched ideas that Native people don't live in the modern world so all this is just there for the taking," Lomawaima, who is a member of the Mvskoke (Muscogee/Creek) Nation. "There is a sense of entitlement to land, and entitlement to ideas."

The problem, Lomawaima explains, is that the Hopi don't have thousands of Instagram or Twitter followers, or hundreds of thousands visiting their shops in the way Louboutin does.

Because of this, Louboutin gets to tell the story of the Hopi to more people, in more places, and more loudly than they themselves can.

In seeking to understand what this might feel like for indigenous people, some point to designers who routinely use Christian motifs in their fashion and accessories, such as the Italian duo Dolce & Gabbana.

But the comparison fails, as do all others.

"I can't find an equivalent, because there aren't any," said Metcalfe of Beyond Buckskin. "Native faiths and Christianity aren't equivalent in the world. We have a history of oppression. You could argue that he's bringing attention to (Hopi) culture. But we would argue that it's incorrect because he's not a representative of Hopi people."

Another issue is about what the images mean, and the power the Hopi believe they hold.

"These designs go back thousands of years," Kuwanwisiwma said. "Not only do (Louboutin's accessories) have a design that we are contesting, but then we share information (about what the motifs mean) and then it goes viral. ... We're very careful about what information we share."

Some Native people, including the Hopi, believe only certain people can have access to certain kinds of information.

"Euro-American people do not believe that at all," said Metcalfe. "They think you should be able to access any kind of information you want.

"And it's about safety, too. Some of this knowledge holds a lot of power. ... If you misuse our sacred symbols, we see that as directly impacting our community in poverty, alcoholism, violence and oppression, that's all related to the misuse of these images."

Possible, partial solutions

Experts agree that brands should collaborate with indigenous people, that they should partner with members of communities who understand what is acceptable to share and sell, and what should be kept within the tribe.

Reservations and cities with large concentrations of Native Americans, like Phoenix, New York and Los Angeles, are filled with Native American artists who could be approached to partner with brands.

This is the model Nike pursued with Manuel and it worked for him, his tribe, and the brand.

But that's only a partial solution. And not one that would have worked for Louboutin.

Even though unemployment on the Hopi Reservation is about 20 percent, and many people who live there are self-employed as artists, the tribe has never engaged in any discussions to partner with brands or organizations to create economic opportunity, according to Kuwanwisiwma.

It would be too controversial, he explained.

It would be impossible to get the residents of the reservation's 12 villages to come to a consensus, which would be required.

"We cannot put a price tag on anything that would be considered sacred," he added.

Megan Finnerty covers lifestyle and trends stories. She is the founder and host of the Arizona Storytellers Project. She has been with The Republic since 2002. She can be reached at megan.finnerty@arizonarepublic.com, 602-444-8770, @MeganMFinnerty.