Gaming and Gambling (L32) Dr. Anton Treuer Bemidji State University

Traditional Games Lacrosse: for wager, dispute resolution, Pontiac’s War Moccasin game Foot races Bagese Typically gendered games

Sovereignty Recap Constitution: “Only Congress shall…” Domestic Dependent Nation (Marshall Trilogy) Plenary Power Doctrine Public Law 280: limited civil and total criminal jurisdiction on Indian land to some states

Bryan v. Itasca County, 1976 State cannot tax their motor home Affirmed tribal sovereignty Clarified limits to state authority over Indians on Indian land

Florida Seminole Violated state gaming law: 2x per week, $100 jackpots, charitable purposes only (church bingo) Sheriff Butterworth came to shut them down, 1981 Tribe file for an injunction, appealed through the circuit court

Seminole Tribe v. Robert Butterworth, 1981 Tribes are sovereign Gaming is a matter of tribal law on reservations States cannot control tribal law or practice Still a question about PL 280

California v. Cabazon Band of Mission Indians, 1987 State cannot ban tribal gaming when it allowed gaming elsewhere in the state Sovereignty affirmed Within 2 years, every tribe in Minnesota had high stakes bingo or casino operation

Indian Gaming Regulatory Act, 1989 Clarified that PL 280 could not empower states to stop tribal casinos Required states and tribes to sign compacts Did not empower states to refuse to sign compacts to press for terms

Economic Impact Wide variation in impact Unemployment rates dropped from 50% to 20% in Leech Lake and many other areas (still twice the state average) Dakota communities have members and large communities near the metro White Earth has 20,000 enrollees and one casino in a rural area

Tribal Management of New Resources Mille Lacs: hospitals, schools, ceremonial dance halls, language camps, repurchase land, scholarship programs Red Lake and others used no outside management St. Croix and Mille Lacs had malfeasance issues with outside management Chip Wadena, and some cases of tribal malfeasance

Grand Casino Hinckley

Per Capita Payments Dakota have eliminated poverty But at what price? What effect on education? Three Ojibwe reservations now offer small per capita payments: Mille Lacs, Grand Portage, Fond du Lac Others considering per caps even if they cannot afford them

Community Impact Gambling addiction Source of alcohol in some casino Impact on tribal enrollment St. Croix, golden parachutes, politician salaries Perception in nonnative community is that all Indians are rich, negative impact on funding

Political Power Resurgent Tribal political lobbies in Washington Money for language and culture revitalization, although promised more than delivered Potential is tremendous When US has Iran-Contra, Watergate, or other scandals nobody question its right to exist – same logic should apply for tribal government when there is a problem – sovereignty is paramount

Future of Tribal Gaming Taxation? State competition? Taxation?