May 13, 2008
"Slip and fall at one of California's 57 Indian casinos and you might have a case in court. But hurt yourself at another of them, perhaps one just miles down the highway, and your claim might be headed to a tribal council. Or to arbitration. Or to a claims adjustor. Or nowhere at all.
Ten years after Gov. Pete Wilson signed the first compact with a tribe allowing Las Vegas-style slot machines in California, personal-injury and property-damage protections in Indian casinos vary as widely as the tribes themselves.
Each of the 56 Class III gaming tribes in California has its own tort liability ordinance spelling out how it will process claims, according to the state Bureau of Gambling Control. Many tribes empower risk managers or their insurance carriers to decide a claim's validity. Some allow patrons to appeal claim denials to tribal courts or to councils of tribal elders. Others will take disputes to arbitration. Most do not recognize a role for California's trial courts.
Such diversity in tort systems rightfully reflects tribes that are protective of their sovereignty -- and sovereign immunity, tribal attorneys say.
"The tribe is a separate government," said San Rafael attorney George Forman. "Each has unique circumstances."
But the differences drive personal injury attorneys crazy. The small number of lawyers around the state who still take Indian casino cases say their colleagues have been scared off by what they say is vague wording in the ordinances and their frequent limits -- or outright bans -- on punitive and exemplary damages, attorneys fees and pain-and-suffering awards."
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Indian Casinos Offer Roll of Dice
(The Recorder 5/12)
Pojoaque Pueblo in northern New Mexico has chosen a management team for its new casino resort.
The tribe partnered with Hilton Hotels on the Buffalo Thunder Resort. When the resort opens in August, it will be the largest facility of its kind in the state, with a 390-room hotel, a spa, casino, golf course, restaurants and a Native American Heritage Center.
Mike Allgeier was named general manager of the Buffalo Thunder Casino. David Oakeley was named s executive director of marketing and Kelly Toscano was named director of casino marketing.
The tribe operates the Cities of Gold Casino and another Hilton hotel on its reservation outside of Santa Fe.
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Buffalo Thunder Resort reveals top management team
(New Mexico Business Weekly 5/12)
A federal magistrate agreed to stay a decision that ordered California Gov. Arnold Schwarzenegger (R) to negotiate a new compact with the Rincon Band of Mission Indians.
On April 29, Judge William McCurine Jr. ruled that the state was negotiating in bad faith. He ordered the two sides to come to the table within 60 days.
On Schwarzenegger's request, McCurine agreed to delay action on a temporary basis. He could make the stay permanent as the state pursues the case before the 9th Circuit Court of Appeals.
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Federal judge stays order for governor, Rincon band to reach gambling agreement
(The San Diego Union-Tribune 5/12)
The California Senate voted 31-4 on Monday to pass a bill that limits compact negotiations.
The bill bars the governor from negotiating a compact for casino sites that are not yet in trust. Sen. Dean Florez, a Democrat who sponsored SB1695, is targeting "reservation shopping" among tribes.
The Bush administration, without public comment or consulting tribes, implemented a similar policy.
The Bureau of Indian Affairs isn't allowed to approve compacts that refer to sites that are not considered "Indian lands" under the Indian Gaming Regulatory Act.
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Senate passes casino limits (The Fresno Bee 5/13) Username: indianz, Password: indianzcom
Calif. Senate votes to limit negotiations of casino compacts
(AP 5/12) Username: indianz@indianz.com, Password: indianz
Calif. Senate Votes To Limit Negotiations Of Casino Compacts (CBS8 5/12)
May 12, 2008
More than 800 people applied for jobs at the casino being opened by the Quapaw Tribe of Oklahoma.
The tribe plans to hire 1,200 people at the Downstream Casino
Resort. The $301 million facility is located on land in Oklahoma, Kansas and Missouri.
The casino is expected to open July 5. A hotel will open later in the fall.
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Hundreds turn out for casino job fair
(The Joplin Globe 5/11)
The Cowlitz Tribe of Washington is welcoming a Bureau of Indian Affairs decision on a casino project in California.
The BIA last week approved a land-into-trust application for the Mechoopda Tribe. The tribe plans to build a small gaming facility on 631 acres.
Phil Harju, a council member for the Cowlitz Tribe, says the decision is favorable for landless tribes. The Cowlitz and the Mechoopda don't have existing reservations.
Harju also says the decision shows a tribe doesn't need an agreement with a local government to proceed with a casino. Officials in Clark County are asking the BIA if they can kill the project without an agreement.
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Casino decision in California could set a precedent for Cowlitz Tribe
(The Columbian 5/10)
A poll commissioned by a group called Citizens for Limited Taxation shows support for expanded gaming in Massachusetts.
Sixty-one percent of poll respondents said they supported casinos. Only 32 percent said they were opposed.
Other polls have shown similar views about gaming. But lawmakers this year rejected a bill that would authorize three commercial casinos in the state.
Class II gaming is legal in Massachusetts but most forms of Class III gaming are not. The newly recognized Mashpee Wampanoag Tribe plans to open a gaming facility once it has land placed in trust.
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Another poll shows growing public support for casinos
(The New Bedford Standard-Times 5/12)
Members of the Oneida Nation of Wisconsin approved a new per capita payment plan.
Each tribal member will receive $1,200 a year. That's up from the current $800 annual payment.
Tribal members also authorized the creation of an endowment to fund future payments. The tribe currently spends $19.5 million year on per capita payments, which are funded by gaming revenues.
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Oneidas approve $1,200 payouts
(The Green Bay Press-Gazette 5/11)
Oneidas consider another one-time payment (The Green Bay Press-Gazette 5/9)
"Like a gambling addict certain that his luck will turn on the next roll of the dice, New York State is betting that vastly expanding gambling at the Aqueduct in Queens is part of the answer to the budget deficit. The state’s overly generous revenue projection is based on the hope that bidders will pay $250 million for development rights from the state-owned racetrack, and with it, the right to add 4,500 video slot machines that would provide the state a worry-free revenue stream.
It is never that simple. Video lottery terminals are similar to slot machines except for a few details that, taken together, provide enough of a fig leaf to make the machines legal under the state Constitution. They are addicting all the same to a minority of players who too often experience a variety of social ills.
Gambling is an awful way to fill a hole in the budget. There are already more than 12,000 video lottery terminals in eight facilities across New York. No matter how much the state rakes in from gambling, it never seems to prevent budget deficits. This year is no different. The state would be better off finding a source of revenue that doesn’t prey upon its own people.
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Editorial: Gambling Is Never Enough
(The New York Times 5/10) Username: indianzcom, Password: indianzcom
May 9, 2008
After reporting another dip in gaming revenues, the Mohegan Tribe of Connecticut saw the outlook rating of its gaming operations downgraded by Standard & Poor's.
S&P downgraded the Mohegan Tribal Gaming
Authority's outlook from stable to negative. But the tribe's credit rating stayed the same at "BB-."
Gaming officials said they weren't surprised by the move. On Wednesday, the tribe reported a $10.3 million year-to-year loss in revenues at the Mohegan Sun Casino.
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Mohegan Sun officials say downgrade of outlook rating came as no surprise
(The New London Day 5/9) Username: indianz@indianz.com, Password: indianzcom
The Fort Sill Apache Tribe and the Comanche Nation are still feuding over land and gaming rights despite a court settlement aimed at resolving their long-running dispute.
The Apaches built a casino on a half-acre of trust land that was originally a Comanche allotment. The Comanches filed suit, saying they were never consulted over the acquisition..
A 2007 settlement left the casino intact but required the Apaches to obtain Comanche consent for any future acquisitions. But the Comanches are upset again because the Apaches are leasing a different Comanche allotment for a casino parking lot.
The allotment owners willingly leased the land but now they say the $1,000 yearly fee is unfair. Tribal leaders say the Bureau of Indian Affairs failed to ensure the Apaches paid a fair price for the use of the land.
The BIA initially sided with the Comanches but the Apaches are appealing.
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Millions at stake in Lawton casino fight
(The Oklahoman 5/9) Username: indianz@indianz.com, Password: indianz
Peter D. White, a former chairman of the Leech Lake Band of Ojibwe, has pleaded guilty to accepting gaming-related bribes.
White admitted he took more than $20,000 from a check-cashing business that operated in the tribe's casinos. The operator, Craig Keith Potts, has already been indicted on bribery and conspiracy charges.
Federal prosecutors allege Potts made the bribes in order to influence tribal officials into awarding him more contracts.
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Ex-Leech Lake chairman pleads guilty to bribes
(AP 5/9) Username: indianz, Password: indianzcom
The Meskwaki Tribe of Iowa has lowered the gambling age for certain Class II games to 18.
Young gamblers will be able to play non-house banked poker games. They will not be allowed to operate slot machines or other Class III games.
The poker games will be available starting June 1.
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Casino could allow gambling for young players
(The Des Moines Register 5/8)
California Gov. Arnold
Schwarzenegger (R) is appealing a decision that found he was negotiating in bad faith with the Rincon Band of Mission Indians.
Schwarzenegger wants the 9th Circuit Court of Appeals to hear the case. His lawyers also want a federal judge to hold off enforcing the decision until the appeal is resolved.
The Rincon Band entered into Class III compact negotiations in hopes of installing more slot machines at the Harrah’s Rincon Casino & Resort. Schwarzenegger demanded the tribe pay fees to the state's general fund.
Magistrate William McCurine Jr. ruled that the demand wasn't justified because the state failed to offer a "meaningful concession" to the tribe. He wants the state and the tribe to negotiate a new deal.
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State seeks to delay Rincon order (The San Diego Union-Tribune 5/9)
May 8, 2008
The Federated Indians of Graton Rancheria, also known as the Coast Miwok Tribe, is one step closer to a casino in Sonoma County, California..
The tribe wants to build a 760,000-square-foot casino and 300-room hotel near Rohnert Park. The Bureau of Indian Affairs has agreed to take 254 acres in trust for the project.
But the tribe still needs to finalize an environmental impact statement for the casino. And the state has yet to agree to a Class III gaming compact.
The tribe was recognized by an act of Congress in 2000.
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Tribe wanting to buld casino granted 254 acres in Bay Area
(The Contra Costa Times 5/8)
Tribe clears major hurdle in bid for RP casino (The Santa Rosa Press-Democrat 5/8)
REGIONAL: LAND FOR PROPOSED ROHNERT PARK CASINO TAKEN INTO FEDERAL TRUST (KPIX 5/7)
The Cherokee Nation of Oklahoma reported a 20 percent increase in gaming revenues in 2007.
The tribe's casinos earned $418.6 million last year, according to Cherokee Nation Enterprises, the tribe's business arm. That's a big jump from 1999, when gaming profits were only $5 million.
The tribe's gaming empire will only continue to grow. The Cherokee Casino Resort in Catoosa is undergoing a$139 million expansion while the Cherokee Casino West Siloam Springs is undergoing a $125 million expansion.
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Cherokees to gamble on adding industry
(The Oklahoman 5/8) Username: indianz@indianz.com, Password: indianz
The United Auburn Indian Community of California hopes to break ground this summer on a huge hotel at the Thunder Valley Casino.
The 24-story hotel would be the largest in the area. It includes two ballrooms, a spa and three restaurants. A nine-story parking garage is also in the works.
The casino opened in 2003 on land that was taken into trust by the Bush administration.
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A standout proposal
(The Sacramento Bee 5/8) Username: indianz, Password: indianzcom
The Mohegan Tribe of Connecticut reported a drop in gaming revenues for the first three months of 2008.
The Mohegan Sun Casino took in $86.3 million in earnings during that time. That's $10.3 million less than the $96.8 million the casino in during the same period in 2007.
Mitchell Etess, the CEO and president of the Mohegan Tribal Gaming Authority, attributed the decline to a slowing economy, competition from Rhode Island and other expenses at the casino.
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Slump means less 'ka-ching' for the Sun
(The New London Day 5/8) Username: indianz@indianz.com, Password: indianzcom
Mohegan Sun to trim work force as income levels drop (The Norwich Bulletin 5/8)
Mohegan Sun Earnings Slip (The Harford Courant 5/8) Username: indianz@indianz.com, Password: indianzcom
The Pauma Band of Mission Indians is scaling back plans for its new casino resort.
The $300 million project originally called for a 23-story hotel, a gaming floor and an outdoor amphitheater. In response to local concerns, the tribe will build a 19-story hotel, reduce the size of the gaming floor and eliminate the amphitheater.
The tribe also agreed to fund road improvements and additional law enforcement and to use less water.
The Mashantucket Pequot Tribal Nation of Connecticut is financing the project. The original Casino Pauma opened in 2001.
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Tribe cuts aspects of its resort hotel plan
(The San Diego Union-Tribune 5/8)
May 7, 2008
The Connecticut House has killed a bill that would ban smoking at tribal casinos.
Democrats in the Senate succeeded in passing the bill last week. But Democrats in the House were opposed, so the bill was killed after a closed-doer meeting.
The Mohegan Tribe, owners of the Mohegan Sun Casino, and the Mashantucket Pequot Tribal Nation, owners of the Foxwoods Resort Casino, opposed the bill. They said they want to negotiate the issue on a government-to-government basis.
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House Snuffs Out Proposal To Ban Smoking At Casinos
(The New London Day 5/7) Username: indianz@indianz.com, Password: indianzcom
" Clark County commissioners have posed an interesting question in a letter to the Bureau of
Indian Affairs, essentially: If the commissioners do not agree to a memorandum of understanding with the Cowlitz Tribe, will that kill the proposed tribal casino on Interstate 5 near La Center?
Commissioner Marc Boldt says the answer will probably be a variation of “Maybe.” But it doesn’t hurt to ask. Who knows? Some milestone clarification might waft down from the BIA tower.
So, if and when the BIA’s “maybe” is heard, county commissioners should go back to basics, follow their own advice, refuse to negotiate an MOU and instead of dithering, work aggressively to block the casino application."
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n our view: ‘Maybe,’ probably
(The Columbian 5/7)
The Seminole Tribe of Florida has opened the first music-themed Hard Rock Park in Myrtle Beach, South Carolina.
The park features rides, games, restaurants and other attractions built around music. All genres and eras are represented at the $400 million park, which is set for a grand opening on June 2 and 3.
The tribe purchased the Hard Rock brand for nearly $1 billion.
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Hard Rock Opens Music Theme Park
(The Tampa Tribune 5/7)
The Sault Ste. Marie Tribe of Chippewa Indians has landed a $100 million investment for its commercial casino in Detroit.
The tribe needed to find new investors or face a state-ordered sale of the Greektown Casino. Revenues at the facility are dropping and the tribe is seeing some money problems amid increased competition from Detroit's two other commercial casinos.
The tribe retains majority ownership of the casino. Entertainment Interests Group has agreed to purchase 40 percent.
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Greektown Casino wins investors
(The Detroit News 5/7)
The backers of a commercial casino in Oregon will wait for the outcome of two controversial tribal casinos before trying to put the issue to voters.
The Warm Springs Tribes of Oregon and the Cowlitz Tribe of Washington are planning casinos that have been criticized by environmentalists, local governments and other tribes. So investment adviser Bruce Studer and attorney Matthew Rossman said they wait to pursue their proposed commercial casino.
The backers need more than 100,000 signatures to put the issue on the ballot.
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Non-tribal casino initiative on hold
(The Oregonian 5/7)
The Pennsylvania Gaming Control Board wasn't aware of a partnership between the Mohegan Tribe and a convicted developer, The Pocono Record reports.
The tribe, based in Connecticut, and developer Dennis Troha backed an off-reservation casino in Wisconsin.
After an investigation, Troha pleaded guilty to money laundering charges in June 2007.
The tribe ended its relationship with Troha but failed to disclose the partnership when it applied for a slot machine license in Pennsylvania. The license for the facility was already awarded to the tribe before Troha pleaded guilty.
The tribe now operates the Mohegan Sun at Pocono Downs.
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Mohegan Sun linked to corrupt Wisconsin developer
(The Pocono Record 5/7)
May 6, 2008
"Tribal casinos in South Sound are pumping hundreds of thousands of dollars back into the communities they serve.
The latest example was the Nisqually tribe's $450,000 contribution to nonprofit organizations and government agencies in Thurston County.
The tribes, as part of their compacts with the state, are required to contribute 2 percent of their net income from gaming operations back into the community. It's up to individual tribes and their committee representatives to determine which agencies and nonprofit groups receive funding.
The tribal contributions help nonprofit groups provide services to the poor and needy and give public safety officials additional financial resources to better meet public demands for service.
It's all good."
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Editorial: Tribal casinos help their communities
(The Olympian 5/6)
The Southern Ute Tribe of Colorado is busy building a new casino that is scheduled to open later this year.
The new Sky Ute Casino will replace the existing facility. It features about 700 slot machines, 10 table games, a 146-room hotel, several restaurants and other amenities
Construction began last summer. The tribe plans to train 500 employees by October 1 in anticipation of the grand opening.
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Casino rolls ahead
(The Durango Herald 5/6)
Republican lawmakers in Michigan might be ready to give up the fight against a gaming compact with the Match-E-Be-Nash-She-Wish Band of
Pottawatomi Indians.
The tribe and Gov. Jennifer Granholm (D) signed the compact last summer. It calls for the tribe to share up to 12 percent of gaming revenues with the state and up to 2 percent with local governments.
So far, Republican leaders have refused to bring the compact up for a vote. But now that the D.C.
Circuit Court of Appeals rejected a legal challenge to the tribe's casino, they are re-evaluating their stance.
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Odds slim on stopping casino, Senate leader says
(The Grand Rapids Press 5/6)
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