Joe Valandra: Attacking tribal sovereignty through gaming

Friday, April 15, 2011  

"About 24 years ago, Congress passed the Indian Gaming Regulatory Act in response to our victory in the Cabazon case before the U.S. Supreme Court. We suddenly had a vehicle by which to perhaps find peace and security for our people. The IGRA is in effect another treaty with the U.S. government, one that the U.S. government and the states did not particularly want but one that was necessary if they were somehow to control and profit from the results of the Cabazon victory.

In the IGRA, Tribes agreed to compromise their sovereignty by requiring agreements (“compacts”) with the states for Class III gaming—states that have no obligation to act in good faith. The very states that historically have coveted Tribal land and resources and have not afforded the Tribes even basic justice. States that now believe they are entitled to a limitless share of our resources.

Tribal governmental gaming has brought prosperity and self-sufficiency to many Tribes. The tremendous and rapid success of gaming has also engendered resentment and jealousy. The states are again hovering, using any rationale to extort money from us and to chip away at our sovereignty. By denying us our land and approving historically unfair compacts the U.S. government is in partnership with the states, not acting as the trustee of our interests.

There is a growing theory that by signing a “negotiated” compact we have also waived our sovereignty and must submit to state rules, laws and oversight. This is not only wrong, it actually is another broken promise—and it is dangerous."

Get the Story:
Joe Valandra: Protecting Sovereignty (Indian Country Today 4/15)