Regulating Indian casinos

San Francisco Chronicle ^ | 1/30/5 | Editor

[SmithL]

ONE OF THE biggest problems with Indian gaming in California is that the state's fastest-growing industry has expanded with little oversight at the local, state or federal level. Nowhere was that more true than in San Pablo, where federal legislation authored by Rep. George Miller, D-Martinez, paved the way for urban gambling. The bill allowed a former card room to be taken into federal trust so that an Indian tribe could build a casino alongside Interstate 80 -- at one of the most congested points of one of the most congested highways in the state.

The proposal unveiled last year by the Lytton Band of Pomo Indians to build an enormous 5,000-slot casino on the card-room site -- a plan initially approved by Gov. Arnold Schwarzenegger -- finally opened the eyes of the public about the extent and effect of the casino boom. The controversial plan was ultimately tabled by state lawmakers, and several bills have resulted to give the state and the federal government more authority over future land giveaways and secret compact negotiations.

One of them, S-1342 introduced by Sen. Dianne Feinstein, D-Calif., seeks to undo Miller's misguided legislation, which is at the root of many of the problems related to Indian gambling. Miller's 2000 amendment opened the door for other tribes to shop for reservations on or off their ancestral lands, and dozens of tribes have been trying to cash in on the loophole.

[seastay]

[VNam68]

Let the natives have all the casinos they want. The public does not know how many tribes in Cal. that were totally wiped off the face off the earth. They were hunted down like dogs. They were given the land no one else wanted. Now that they have money everyone wants a piece of the pie. No I am not tribal.

[roylene]

Oh man do I agree. It is their land, a nation within a nation, they can do with it what they want and the US or state governments should no say what so ever.

[PERKY2004]

My problems with Indian gaming establishments is this: Our laws do not apply there.

A patron seriously injured in an indian casino through the gross negligence of the casino ... cannot sue to recover damages for their injuries in Court. There only recourse is the indian tribal court (and just how likely are THEY to voluntarily pay that which they cannot be forced to pay?)

A casino employee subjected to hideous discrimination and harassment on the job...cannot sue to recover damages or to stop the discrimination in Court. The only recourse is the indian tribal court.

All businesses, regardless of ownership, should be required to submit themselves to the authority of certain laws of this land.

My two cents worth.

[pageonetoo]

Your change...

[dennisw]

What's really nuts is these "tribes" are given government sanction to build casinos on land that was never part of a reservation. They buy prime land near populated areas and magically is becomes reservation land.

It's a rotten scam from beginning to end. Facilitated by connected (mobbed up) Donk lawyers who push Indian casino bills through state legislatures. The tribes then become big time donors to the Donk party. Tribal casinos in California have sucked the life out of Reno Nevada which is dead now.

[Raycpa]

Many powers in Las Vegas don't want CA casinos.

[kingu]

Tribal courts apply to tribal members vs tribal members.

The only exception is a company who deals directly with the tribe; unless it is written into the contract, the arbiter of the contract would be the tribe's court.

All other cases go to federal court (since tribal lands are federal trust lands.) Which means harassment suits and slip and fall suits have to follow federal guidelines, which aren't anywhere near as lenient as state courts. Which is why lawyers continually bring this up, since they're not able to sue the pants off of the tribes at the drop of every hat.

All businesses should not be regulated to death; luckily, the tribal businesses are screened from the myriad of state laws that hold businesses down.

[jpl]

I agree as well. And most states today are running lotteries and thus are already in the gambling industry.

[Celtman]

I'm a little confused.  States (e.g., California) don't decide what is tribal land, and what is not.  The Federal government decides, based on treaties.  States have no jurisdiction over tribal areas, although State governments and Tribal governments can enter into agreements or compacts.  The Feds, through the Bureau of Indian Affairs, do have juristiction.

Article
and secret compact negotiations.

      Does California have an open meetings law?

[Chad Fairbanks]

Bump in agreement.

[VinnyCee]

"on land that was never part of a reservation" - dennisw

The whole of what is now the U.S. was a "reservation" in 1492.