People Against a Casino Town

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Long overdue changes coming to Indian gaming 10/7/05 Bill Lawrence Publisher Native American Press/Ojibwe News Commentary Long overdue changes coming to Indian gaming. A trip to a full scale Indian casino is like an intensive look into the set of a Hollywood movie. The general impression is favorable. You will be immediately struck with an impressive façade. There may be columns, flying buttresses, fountains, and bas-relief designs on the exterior. There certainly will be bright lights and an inviting aura to attract visitors. It's not as gaudy as Las Vegas, but its pretty clear that big time gambling has had an influence on what you see. Inside you will see a lobby tastefully decorated with just the right touches of Native American artifacts and cultural items. You may see plush carpets in rich colors with images of moccasins or representations of Indian floral motifs woven in. The walls will be adorned, depending on the location, with historic implements, weapons, articles of clothing, etc. There may be a 'fine dining' restaurant. There will often be a hotel complete with a glittering gift shop. I have noted the design is usually tasteful, displaying just the right degree of allusion to Indian culture. These facilities seem to be testimony to competent management. Personnel look smart in uniforms. The public areas are clean. The place seems well groomed. The properties appear to be well managed and prosperous. Indian gaming seems to be fulfilling its charge, delineated in the 1988 Indian Gaming Regulatory Act (IGRA), to "Provide a statutory basis for the operation of gaming by Indian tribes as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments." Unfortunately all that we see is sham. The Indian Gaming Regulatory Act is in the news again. Everyone has known for quite some time that the Act was not doing what it was intended to do. And people have been increasingly outspoken in their criticism of gaming itself and the problems associated with gambling have grown just as fast as the industry itself has grown. Twenty years ago there was no such thing as an Indian tribal casino. By 2001 there were 196 tribes operating 309 gaming facilities. Revenues exceeded $10 billion. Today approximately 225 tribes are operating casinos. Revenue has grown to $19 billion. Another 227 groups are seeking Congressional recognition as tribal entities so they too can open and operate tribal casinos. There is great interest on the part of tribes to expand their gaming activity beyond the reservation boundaries. Anti-gaming groups and individuals alike are gaining strength in their protests concerning the social evils and costs associated with gaming--the crime and violence, the abuse and fraud by tribal officials, the lack of accountability and regulation of the industry. Labor Unions, Civil Rights Groups, federal agencies and the courts have all become involved in the disputes. Most recently the National Labor Relations Board ruled in May (and confirmed the ruling just this week) that they have jurisdiction over tribal businesses that employ "or affect" non-Indians.  In August a District of Columbia federal judge, John D. Bates, ruled that the National Indian Gaming Commission (NIGC) does not have authority to regulate class III gaming activities. Just today the Department of Justice (DOJ) announced proposed changes to Indian gaming law. If the changes are adopted into law, tribes will find themselves facing stricter limits on the kinds of games they can offer. These events - the public clamor, the NLRB decision, the court decision and the DOJ announcement -- have created sufficient energy to attract congressional attention. Senator John McCain (R-AZ), Chairman of the Indian Affairs Committee, has scheduled hearings the intent of which is to amend the 1988 IGRA. Senator Byron Dorgan (D-ND), vice-chair of the Indian Affairs Committee, has been quoted as saying the growth of the [Indian gaming] industry demands renewed scrutiny by Congress. And about time too. McCain is entirely accurate when he says, "Ninety-nine percent of the patrons of these Indian gaming activities are non-Indians. So we have an obligation to non-Indians as well as Indians to make sure that these gaming activities are honest, straightforward and adequately regulated." He also points out that the industry employs tens of thousands of non-Indians. The question of regulation of Indian gaming has, like most federal Indian policy, always been a very flat and sad joke. Tribes have never been required to be accountable for their activities, not to their membership nor to the state that is supposed to be overseeing their operations. National Indian Gaming Association (NIGA) leadership, predictably, takes issue with the NLRB ruling and the federal judge's decision. Mark Van Norman, president of the NIGA, says, "In our view, the NLRB has flipped 30 years of decisions of law on its head." He is further quoted, "The NIGC disagrees with the decision. Until the Commission revises its regulations or a court of competent jurisdiction orders changes in the scope of its regulations, it will continue to conduct business as usual." I find it entertaining, even laughable, that the Indians are calling for protections under the rule of law. Throughout the country, tribal officials are ignoring, are avoiding, or are simply defying the rule of law. Now they want the law upheld. They don't seem to understand that the law is multi-faceted, all encompassing, entirely non-selective, and, at least ideally, unbiased and fair. They can't reasonably expect observance of the law only when it's for their own protections and, at the same time, condone or at least disregard flagrant abuses of law by their own members. As early as 1993 Press/ON pointed out the lack of regulatory authority for the IGA and the lack of interest on the part of the State of Minnesota to provide oversight. A miniscule amount of dollars ($150,000) and three positions were allocated for tribal gaming enforcement. This laughable effort was intended to regulate over 10,000 tribal casino employees and more than 11,000 video machines throughout the State. Since then many, many individuals have called to report on incidents of theft. There have been reports of tribal officials being seen walking out of the casino vaults with thousands of dollars in their hands. All kinds of pilfering by both officials and employees has been reported. Very few individuals have ever been prosecuted for these thefts.  There have been efforts in the past to amend or correct the situation including early efforts led by Senator McCain. These initiatives have all failed however, probably stopped or pigeon-holed due to the influence of campaign contributors, mostly those with big gaming interests. Gaming has not been the solution to tribal unemployment and economic development that it was intended to be. It instead has added to the already high level of societal dysfunction. Instead of solving the problems, unregulated gaming has created more. Kids are not being educated. Crime, drugs, gang activity, fraud, abuse, domestic violence are all on the rise. Reservations are on the verge of imploding from within because of the weight of social and political problems. The political situation at Leech Lake with the abuses of personal power and the recent gang fight that took place at the Red Lake School all point to this as a possibility. Unregulated and unaccountable is how we described the Indian gaming industry in our July 2, 1993 editorial. Hopefully these initiatives by regulatory agencies and judicial interests signal the start of true reform. It was never needed more than it is now. (Native American Press / Ojibwe News 10/7/05) (Rreprinted with permission by Bill Lawrence)

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