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OCR Page 1 of 63The Washington Post
Handont
from
NIGA
August 2, 1992
5/14/93
Indians Say States Stack Deck Against
Reservation Gambling Operations
that they cannot be sued under the Consti-
month's convention they said the growth is
By Susan Stanich
tution.
between $1 billion and $3 billion a year.
Speciality The Washington Post
That leaves the tribes bound by a law
They also described the tribes' increas-
DULUTH, Minn.-Some states trying to
that says they cannot operate casino-style
ing business sophistication that develops
dissolve successful Indian gambling oper-
games without state agreements but unable
security networks to weed out criminal el-
ations are balking at a federal law requiring
to force states to draft them, said Sens.
ements and competitive marketing strat-
them to cooperate with tribal governments
Daniel K. Inouye (D-Hawaii) and John
egies.
in establishing rules.
McCain (R-Ariz.), both members of the Sen-
Keechi and other tribal leaders say their
ate Select Committee on Indian Affairs.
operations are bringing a new era of hope
States had fought hard to have a say in
The state maneuvers will not stop the
and economic self-sufficiency to Indian na-
how tribes run their casinos. The tribes had
tribes from starting gambling operations,
tions.
argued, unsuccessfully, that state involve-
but could end state input, the senators
For example, he said, a casino belonging
ment in their affairs is unconstitutional.
wrote in a June 16 letter to the National
to the Oneida Tribe of Wisconsin has estab-
"Bringing the state in was, in my opinion,
Governors Association.
lished a hotel, print shop and other busi-
a courtesy," said Charles Keechi, president
McCain and Inouye reminded the gover-
nesses; the tribal budget is up twentyfold
of the Delaware Tribe of western Oklahoma
nors that tribes possess the sovereign right
and employment is up tenfold.
and chairman of the National Indian Gaming
to offer gambling. "It would seem we are
The two popular casinos of the Mille Lacks
Association, which represents most of the
left with the alternative of having the fed-
Chippewa of Minnesota have reduced tribal
nation's 140 gambling tribes.
eral government negotiate compacts with
unemployment from 45 percent to zero.
"I think it's a shame that a few states
the tribal governments," they wrote.
"Gaming is not an entertainment industry
have taken advantage of that courtesy and
"There would be no involvement of state
as far as Indians are concerned," Keechi
are denying the American Indian an avenue
governments in negotiation of compacts or
said. "We're operating our enterprises for
of economic development," he said.
in the regulation of Indian gaming."
one reason: to generate revenues to help
The 1988 Indian Gaming Regulatory Act
That is what tribes wanted in the first
the infrastructure of tribal government, to
allows tribes to offer high-stakes versions of
place, tribal leaders say. Keechi says his
help our citizens."
whatever gambling is already allowed in the
organization is reviewing whether there
state. But it requires states and tribes to
should be new legislation that, for example,
work out the particulars of casino-style
might set uniform national standards for
games in formal agreements.
tribal gambling.
At an Indian gaming association conven-
But Keechi and many tribal leaders are
tion in Minneapolis last month, Minnesota
leery about tampering with the law. They
and tribal officials drafted agreements set-
fear that tribes will lose legal ground under
ting down regulations on video gambling
what they consider a well-funded and well-
machine and blackjack paybacks, back-
organized assault by private, non-Indian
ground checks, licensing, security and en-
gaming interests and a variety of state in-
forcement. The 11 Chippewa and Dakota
terests, including state-run lotteries and
Sioux tribes in the state now operate 15
racetracks.
casinos; the state participates in law en-
The governors have not yet decided on
forcement.
their response. said Grant Gormley, legal
But elsewhere, state officials have been
counsel for South Dakota Gov. George S.
slow to cooperate with tribal efforts to es-
Mickelson. Gormley said uniform rules na-
-tablish gambling businesses.
tionwide are not likely to be favored by the
Wisconsin, Florida, Mississippi, Washing-
states, because what is acceptable in one is
ton and Michigan have either refused to
not acceptable in another.
negotiate or asserted negotiating rights
Though the conflict is intense, it is prob-
tribal officials believe are not clearly theirs
ably only a growing pain in the evolution of
under the law.
an Indian industry still in its infancy, Keechi
When tribes have taken states to court to
said.
force the states to negotiate, the states
And despite the conflicts, Indian leaders
have responded. and courts have concurred.
say, their industry is growing. At last