Monday, December 31, 2007

No on Prop. 94, No to Pechanga: California Tribes, Unions Bet big on Feb. Ballot

Pechanga and the other 3 tribes will be spending $50 MILLION trying to convince CA that this is a good deal. This is after some $million$ they spent trying to KEEP US from voting. First, they don't want us to vote, then, they have to spend so much to get us to vote their way. Sounds like they don't have a good compact for California. Let's vote NO on all the expanded gaming props.


Calif. tribes, horse tracks, unions bet big on February ballot
By AARON C. DAVIS, Associated Press Writer
Friday, December 28, 2007
(12-28) 17:30 PST SACRAMENTO, (AP) -- REST OF THE STORY

For all the money presidential hopefuls might spend to win California's February primary, far more may be bet on a lesser-known battle to expand Indian gambling.
Four wealthy Southern California Indian tribes are preparing to spend as much as $80 million to defend deals they struck with Gov. Arnold Schwarzenegger and the Legislature.
The deals would give the tribes 17,000 new slot machines — enough to fill eight Las Vegas-sized casinos. In exchange, they would share profits with California's cash-strapped general fund, which faces a multibillion dollar deficit.
The tribes — the Pechanga Band of Luiseno Indians (which decimated their population via their Indian Removal Act) near Temecula, the Agua Caliente Band of Cahuilla Indians in Palm Springs, the Morongo Band of Mission Indians near Cabazon and the Sycuan Band of the Kumeyaay Nation near San Diego — already have contributed more than $44 million to promote their compacts.
Tribal leaders say they're convinced the deals will be a winner with voters, but they're not taking any chances. Opponents have put four referendums on the Feb. 5 ballot to overturn them.

The tribes are expected to add tens of millions of dollars to their campaign in the coming weeks and have purchased so much commercial air time that some political analysts say it could cut into the number of presidential ads voters see before the election.
Despite the onslaught, an unlikely band of opponents believes it can stop the tribes.
A racetrack owner, competing tribes and a casino-workers' union pooled their money for a signature-gathering drive to put the deals on the ballot. They're banking on an Indian-gambling backlash and say they can convince voters the deals aren't nearly as sweet as they sound on TV.

We CAN make a difference, VOTE NO on 94.

Sunday, December 30, 2007

Notice to CA State Legislators: Pechanga has 500 more taxpayers that should be in the tribe

Dear CA State Legislator,

In continuing your weak and pathetic work for us in the capitol, widening our budget gap, you claim you are looking for revenue streams and that is why you passed theses shameful memorandum of agreements. Meanwhile, in the Pechanga tribe alone, they have kept 500 members from joining the tribe, as proscribed in their Constitution and Bylaws. Each moratorium internee would have earned about $1.5 million since the opening of the casino on the reservation in Temecula (BOYCOTT PECHANGA)

That's $750,000,000 in taxable income lost to the state because you didn't stand up for the tribal members who have been cheated by the tribe. The tribes said the compacts would be good for ALL native Americans. Now, you want us to believe that the tribe won't cheat the people of CA. You take for granted your union friends, all for some spa treatments for your wives and free golf for you, because you know the unions have nowhere else to go.

Urge your constituents to vote NO on expanded gaming, tell them that you will REWORK these compacts to give rights back to all Native Americans, give the unions their due and get the environmental impacts up. Do the right thing for the people of CA. Don't just do what feels good for you.

Pechanga Indian Removal Acts II: Chronology

Got this from Paulina Hunter's My Space Blog: Read More Here

It's about how the first family to be terminated and have their cultural heritage stripped by Pechanga, were started down the path of disenrollment and removal.

Pechanga Corruption UPDATE: Chronology

As my previous post dealt with the beginning of Pechanga's corruption, here is a chronology of the disenrollment of the first family to be disenrolled en masse in the history of Pechanga.

Chronology of Events
1. In December 2001, Yolanda McCarter (niece of Irene Scearce and Ruth Masiel OP: and she is the one on the Pechanga infomercial saying she could die happy if she didn't have the casino money.) submitted a letter to Enrollment Committee demanding the Committee research several families including ours. The request stated that "this (be) straightened up before the next election in July." (So that there would be less votes, a clear sign that they wanted to disenfranchise "several families")

2. In June 2002, Enrollment Committee Chairperson Mary Magee is removed from the Committee for divulging confidential information. (She was caught talking about other families. Her sister is Gloria Wright, who is CPP) A petition is justified to amend the Disenrollment Procedures. A vote to approve or deny the petition is set for July 2002. (Petition is not brought forth until February 2003.) The newly built Pechanga Resort and Casino is opened. This is a permanent structure which replaced the original Casino structures which were in modular and sprung structure. In October 2002, 2 new members are elected to Enrollment Committee to bring membership up to required 10 members. (A member retired from Committee in September 2002). Olivia Walls is elected Committee Chair, and we request an audit of Enrollment Committee activities for the previous years and advice from our legal counsel at California Indian Legal Services on how to address wrong-doings by Committee and Committee members. Our legal counsel is told by John Macarro not to take any action to assist the Committee or answer our questions regarding the wrong-doings. (Wrong doings include enrollment of adult family members of 'certain' enrollment committee members.)

3. November 12, 2002, members of the Enrollment Committee, acting without a quorum and outside the Committee's procedures, serve several other Committee members with disenrollment summonses. The Committee members who took the action were- Irene Scearce, Ruth Masiel, Frances Miranda, Margaret Duncan, and Bobbi Lamere. Those served include John Gomez, Theresa Spears, Olivia Walls, and Sandra Garbani. (Lamere later gets her family members enrolled in the tribe, during the "moratorium"

4. On December 10, 2002, Concerned Pechanga People (These were part of the splinter group, many who were not on the original 1979 membership roll, as the Hunters were) submit documents to the Enrollment Committee questioning the lineal descent of several families including the Manuela Miranda descendents, Paulina Hunter descendents, and Garbani descendents. This action was taken a month after the above action. The Concerned Pechanga people are immediate family and friends of Committee members who initiated the November 12, 2002 action. (See list of Pechanga Enrollment Committee members, Splinter Group and Concerned Pechanga people).

PLEASE CLICK THE LINK ABOVE TO READ MORE

Friday, December 28, 2007

PECHANGA INDIAN REMOVAL ACTS: Tribal theft totals over $142,000,000

Since 2004 when the first family to be disenrolled from Pechanga, en masse in the entire history of the tribe was terminated in the beginning of the Pechanga Indian Removal acts, the theft of members per capita has totaled over $142,000,000.

At the current per capita rate of $32,500, that total climbs by $7,637,500 per month. That's $255,000 per day that rightfully belongs to Pechanga members.

Pechanga keeps saying it's not about the money. They also say that they will be honest in counting their books. They also said that Hunters came after the casino. There was NO casino in 1895, when we got our alotment #62.

Let's match up the chairman's enrollment number versus a Hunter enrollment number. How about Council Members? Butch Murphy, Andrew Masiel? Can you beat and # in the 50's?

WHY the Tribes will win on expanded gaming Vote no on 94

Because the opposition is weak. And that opposition is US.

The Unions say the compacts don't allow for organization, but are they trying to organize? The teachers say that there is no allowance for eduction, as if, getting money for education would make expanded gaming alright. Fabian Nunez and other elected officials just want to stay in office and the tribes said they would through their money on No on 93 (term limits).

California's disenrolled tribal members which number over 3,000 people, have never been organized. We sound like a small group of whiny people, rather than a growing (sadly) populace. Of the Pechanga Band's members who were kicked to the curb, there are probably less that 10% who are actively fighting back on a regular basis. Passivity killed us. We thought that by doing the right thing, going through the processes we would be okay. Truth would win out. Fools we were, why would truth win out, when liars are in charge? Our elders did not take charge in our fight.

In Pechanga's latest infomercial, Butch Murphy said it all, "My parents said don't let anyone take anything away from you" and he won. He kept true Pechanga people out of the tribe, something he had been trying to do for 25 years. And this is after the tribe adopted him in. Instead of gratitude, he turned on the people of Pechanga.


Have you heard much from the Chuckchansi disenrolled people? NO? Me neither. The Picayune Rancheria is even more despicable that Pechanga, in terms of numbers. Bill Cosby REFUSED to perform there because of what the have done to their people. Have you seen any articles where, say 200-400 comments are there? No? Makes you wonder why those disenrolled aren't more vocal.

If we don't stand up for ourselves, why should others stand up for US? We should be able to send at least 3,000 faxes to our state legislators every week. We only need send an email while sitting on our asses, yet, we can't even get much cooperation on that.

Some of my family will say, "where were YOU when we were doing the research?" Or, "why didn't you come forward before?" Those are valid questions for some of us. I told one of my cousins, that if she hadn't been so secretive about what some were doing, more of us could have gotten involved. But, she wanted to play the hero and "save" the family, while in the end, she withheld some information that could have been useful earlier, but she was unable to see the big picture, and of course wasn incapable of gaining the trust of all of us. Still, she worked hard which is more than many of us did.

That being said, is giving up after taking a beating the right thing now? Right now, we have forced Pechanga to spend $15 million dollars trying to convince the populace of CA to believe that they are good. THEY ARE NOT. Their infomercial showed them crying, when in reality, the cruelty of what they did, greatly overshadowed what happened to our ancestors at the middle of the 19th century. (When, by the way Paulina Hunter, born of Pechanga People, lived with many of their ancestors. This was proven by the Pechanga Band's hired expert). The other tribes have kicked in another $15 million.

That seems like a victory to me. We must stand for something and it is not too late. Disenrolled Natives can check in on this blog and help build it's prominence. It's being seen by state government officials, those in Wash DC and other tribes. It's being linked to from GOOGLE and other sites.

From the comfort of our own homes, sitting on our asses, we can make a difference. We aren't forced to stand in the snow, holding a sign. Linking here, visiting here daily will help add a voice. If there are other sites that need attention, feel free to comment on that here. But most of all, sharing this site with friends and other relatives will help quite a bit. If the Chukchansi disenrolled have a site I'm not aware of, they can contact me and I'll post a link.

The unions are weak and the No Unfair Deals team is even weaker, they need to move now, to build momentum.

Otherwise, expect the tribes to get $27 Billion for themselves and not for you or your kids. Allow them to win, without effort. But then, speak no more on what has been done to us, if you won't lift a finger (or ten) now.

Thursday, December 27, 2007

Pechanga: A Lousy Casino Deal & bad for civil rights

John Gomez, SR is from the Manuela Miranda family, the first family Pechanga has disenrolled en masse in the history of the tribe. He, along with son John Gomez Jr. are leaders in AIRRO and have spearheaded the drive to restore civil rights to Native Americans. Additionally, they have worked very hard to keep the violations of civil rights perpetrated by Pechanga and other tribes (Redding, Enterprise, Picayune, see: www.tribalcorruption.com )


A lousy casino deal
The expansion of tribal gaming has seen an increase in the number of human and civil rights violations
By John Gomez, Sr.
OPINION

After spending millions in campaign contributions, four of the state's wealthiest and most powerful tribes — Pechanga, Morongo, Agua Caliente, and Sycuan — have cut themselves sweetheart deals for one of the largest expansions of casino gambling in United States history.
As a California Indian and vice-chairman of the American Indian Rights and Resources Organization, an organization working to protect the civil rights of Native Americans, I am deeply concerned that the deals on the February ballot — Propositions 94, 95, 96, and 97 — benefit four tribes at the expense of other tribes, the workers at these tribes' casinos, and California taxpayers.
The big four tribes bring in huge profits from their existing casinos and spend heavily to influence state laws. Yet they are eager to deny California voters their right to decide this issue and have fought to keep these deals off the ballot and prevent the voters from having their say. Could it be that the big four tribes know their sweetheart deals may not hold up to voter scrutiny?
Here are a few reasons to vote no on Props. 94, 95, 96, and 97.

Labor unions oppose the measures because the deals would shower four wealthy tribes with billions in profits but fail to ensure the most basic rights for casino workers, including affordable health insurance. A study conducted by David Farris, a University of California at Riverside professor of economics, found that Agua Caliente's health coverage is so expensive that 56 percent of the dependent children of casino workers are forced into taxpayer-funded health care programs.
In addition, the expansion of tribal gaming in California has seen an increase in the number of human and civil rights violations, especially within tribes that have gaming operations. These abuses have resulted in thousands of disenfranchised Indians being cut off from or denied health care benefits, elder benefits, education assistance, and other social services provided by their tribal governments.
Other tribes also oppose the deals. Just four of California's 108 tribes would get control over one-third of the state's Indian gaming pie. The deals would create dominant casinos that could economically devastate smaller tribes and local businesses. Moreover, the big four deals fail to adhere to the purpose and intent of previous gaming initiatives, which led California voters to believe there would be modest casino expansion and that Indian gaming would benefit all California Indians and taxpayers.
The big four deals would give these tribes an additional 17,000 slot machines. That's more than all of the slots at a dozen big Las Vegas casinos. As a result, California would become home to some of the largest casinos in the world.
While the big four would make billions of dollars from these new deals, promises to taxpayers would fall short. The claims about the amount of money the state would get under these deals are wildly exaggerated, and the state's independent, nonpartisan legislative analyst called the tribes' figures unrealistic. READ MORE *

John Gomez Sr.

Wonderful article.

UPDate: Pechanga Member 1130 links also

Academic Report Critcizes Pechanga's Deal, 3 Others.

Academic Report Criticizes Props 94-97, Big 4 Gambling Deals

December 27th, 2007 by No Unfair Deals
Contact: Scott Macdonald(310) 996-2671FOR IMMEDIATE RELEASE


LOS ANGELES – Explaining his detailed and well-researched study, a distinguished professor from Occidental College today denounced the Big 4 Gambling Deals on the Feb. 5 ballot as poorly negotiated, dismal for workers and the environment, and insufficient for California taxpayers and other tribes. (Not to mention the 25% of Pechanga's tribal members they terminated, leaving elders without health care, and putting to lie the infomercial they broadcast last week: Pechanga 125 years)

During a statewide teleconference with reporters, Peter Dreier, E.P. Clapp Distinguished Professor of Politics and Director of the Urban & Environmental Policy Program at Occidental College, said state negotiators need to go back to the drawing board and come up with an agreement that’s fair for taxpayers, workers and other tribes. (Plus added support of ICRA, that provides for civil rights for Native Americans)

Critics say Propositions 94, 95, 96 and 97 are sweetheart deals for the Big 4 tribes, but are a bad deal for California taxpayers, workers and other tribes. Dreier’s study provided proof.

“The state had the power and the leverage to stipulate environmental standards, to ensure casino working conditions and wages were equal to those of other California workers, and to get fair compensation for allowing the establishment of local gambling monopolies,” Dreier said of the negotiations.
“In these deals, the state failed utterly.”
Dreier found that the casinos authorized in the deals – some two-and-a-half times as large as the biggest Las Vegas casino – would generate as many car trips every night as a sold out sports arena. (OP: ALL on Pechanga Road! Very nice. Try getting home! Guess Pechanga will try to take some peoples homes to find a better route.)

No On Pechanga's Prop. 94: Low voter awareness helps casinos

Article

LOW VOTER AWARENESS of Term Limits and Indian Gaming California Propositions 27 December 2007
BY MARK Di CAMILLO AND MERVIN FIELD
Apparently lost in the media focus on the presidential race are a number of statewide ballot propositions that California voters will be asked to decide within the next six weeks.

Awareness is also low (27%) regarding four referenda to approve or overturn four Indian casino compacts recently approved the state legislature and Governor Arnold Schwarzenegger and which will appear on the February ballot as Propositions 94, 95, 96, and 97.

ALSO: they are initially supportive by varying margins – 50% to 32% with regard to the term limits modification, and 39% to 33% in relation to the Indian gaming compacts.

Still time to convince your friends and neighbors to vote NO on expanded gaming.

NO on Prop. 94, 95,96,97 No to Pechanga IV

http://www.menifee247.com/2007/12/california-proposition-94-95-96-97.htm

Steve has a blog up on why he is against the expanded gaming propositions. The comments section provides some compelling reasons as to why we should vote NO on these expansions. Pechanga should NOT be rewarded for violating our civil rights. And remember, Californians, PECHANGA was trying to KEEP US FROM voting on this.

Take a look at the comments.

More Tribal Corruption Issues: Pomo Tribal Feud

http://www.contracostatimes.com/news/ci_7819881?nclick_check=1

Tribal feud threatens casino plan
Dissidents accuse tribe's leaders of stacking membership rolls to get Las Vegas-style project in North Richmond
By John Simerman
STAFF WRITER

Article Launched: 12/27/2007 02:59:00 AM PST
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A long-simmering feud is boiling over in an Indian tribe that aims to build the East Bay's first Las Vegas-style casino, with a recall drive that threatens to stymie plans for a big casino in North Richmond.
A disgruntled minority of the Scotts Valley Band of Pomo Indians has accused tribal leaders of stacking the membership rolls, unfair payouts and distorting the tribe's history to sell the casino plan to federal officials. Can you be a disgruntled majority?
The group last month completed a petition to recall tribal Chairman Don Arnold and a majority of the casino-friendly tribal council. If deemed valid, the 33 signatures would force a recall vote under the tribe's constitution.
Former tribal Chairman Les Miller sent the petition by certified mail to the head of the tribe's election board. A postal receipt shows he signed for it Nov. 14. The tribal constitution requires a vote within 30 days of receiving a recall petition, or those seats go vacant.
The deadline came and went this month with no word from tribal leaders. Last week, the tribe's spokesman said the petition was never formally submitted.
"It is not considered an official submission if it is not actually presented at a tribal council meeting," said Eric Zell. "No formal submission has been made, therefore no action is being pursued." Certified mail seems pretty formal. That's how Pechanga notified it's members that they were beginning a witch hunt on our family.
The tribe's constitution makes no mention of that rule. Zell called it a common understanding "within the various provisions of the constitution." Miller said the response was typical misdirection

Tuesday, December 25, 2007

No on Prop 94 Learning About Pechanga's Corruption from the Beginning

The first family to feel the persecution of the Pechanga Band via the Indian Termination Action of 2005 was the descendents of Manuela Miranda. They have a website at http://www.pechanga.info/ that includes news from other despicable tribes such as Chukchansi and Redding. There is a forum that includes topics such as:

Mark Macarro Corrupt
LA TIMES Article on Corrupt Pechanga
Concerned Pechanga People The corrupt pechanga people is more like it.

Please take a look at it before you vote.

Monday, December 24, 2007

No On Prop. 94: Indian Casino Union formed in Conn, Maybe not it CA

I'm curious as to WHY the unions haven't tried to organize AT the casinos? What are they waiting for? The UAW had a 60% majority. They worked from the people up, UNITE is working from the legislators down. Is that maybe the problem?

Is it an organizational issue? They are not doing a good job getting their issues in front of the people. They need to get the people of CA behind them. All union members should be writing letters to the powers that be in the state legislature. They should be commenting on articles. Similarly, the CFT head wrote an article against Prop. 94,95, 96, 97, yet, no comments from union members to Marty's article. A silent minority is weak.

Indian casino union formed in Conn. not a sure bet in Calif.

By James P. Sweeney
COPLEY NEWS SERVICE

December 24, 2007

SACRAMENTO – For the past decade, much of the tension in the push to expand Indian gambling in California has been generated by organized labor and its political allies.
The hotel and casino workers union UNITE HERE! has waged a relentless campaign for a stronger hand in organizing – the ability to establish a union simply by persuading a majority of workers to sign cards in support of a union. No election is required.

Indian casinos, where employees toil under surveillance cameras and have limited recourse against employer retaliation, can't be organized under the old-fashioned way with contentious campaigns and secret elections, labor leaders insisted.

see link for the rest of the story.

Sunday, December 23, 2007

Merry Christmas from Original Pechanga

The next two days will be spent with family and friends. The Christmas shopping is done, the grocery shopping is done. Do you all have a wish list? Here are some of the things I'm wishing for:

1. I wish that the Hunter & Manuela Miranda Family can emerge stronger after
Christmas. We don't need strong, silent types, we need vocal types.
2. I hope the CPP will have this as their last Christmas. Maybe get some hearts.
3. I'm hoping that the UniteHere union will be more vocal, rather than whine.
4. I'm hoping the the NoUnFairDeals crew will organize themselves and put together a
much stronger campaign.
5. I'm hoping that the disenrolled tribal members in CALIFORNIA will band together
adding their voices together.

Merry Christmas to all of you. Be safe, enjoy the time with your family. I'll probably have a post or two tomorrow, that my family may not like, but, some will.

Friday, December 21, 2007

Pechanga: Federal Govt. Asked to retract approval of Compacts

Article here

The letter to the Dept. of Interior head Kempthorne asks that they do the right thing and allow California's voters to make their decision, which, we hope will begin with a NO to Pechanga, meaning NO on 94.

Letter assails tribes' deal

The Desert Sun • December 21, 2007

A Sacramento-based lawyer representing Unite HERE official Jack Gribbon and Californians Against Unfair Deals has asked the federal government to retract its formal approval of revised compacts for four Southern California tribes.
Thomas Hiltachk made the request in a letter Wednesday to Secretary of Interior Dirk Kempthorne.
Hiltachk's letter asserts that the U.S. Department of Interior intentionally or negligently undermined the California Constitution and rights of 3 million voters by injecting the federal office directly into the state referenda political campaign. (OP: Actually, the rights of ALL voters in California, not just the 3,000,000 that signed the petitions) See link above

Here's the address and phone for Department of the Interior

Department of the Interior1849 C Street, N.W.Washington DC 20240
Phone: 202-208-3100E-Mail: webteam@ios.doi.gov

Thursday, December 20, 2007

Who Opposes Expanded Gaming In CA?

We've all seen the commercial that is pro-expanded gaming with the Police Chief of San Miguel (pop. 1500) saying how much the state will make. ( or could make, such as, a meteor could make a big hole in San Miguel). But who opposes?

AIRRO - American Indian Rights & Resources Organization
California Federation of Teachers
LULAC - One of the first civil rights organizations
San Francisco Firefighters (pop. 850,000)
United Food & Commercial Workers(must be the "unions are corrupt" comment from Macarro
San Diego Labor Council (see "unions are corrupt" comment from Macarro of Pechanga)
Delores Huerta, c0-founder United Farm Workers)
Fresno County Democratic Central Committee
Temecula/Murrieta Open Space Preservation Organization

Disenrolled Native Americans of California (not organized yet, but over 3,000 in CA)

And many more, http://www.nounfairdeals.com/

http://www.pechanga.info/

Tribal Justice Not Always Fair: Pechanga Demonstrates That, Barona too

Pechanga had families on the disenrollment committee that were part of a group that tried to split up the tribe rule on families they publicy admitted they wanted out of the tribe. Fair, or not fair? Why give a tribe that mistreats their people the reward of Billions of dollars?

Tribal justice not always fair, critics contend
Reservation's courts include members as lawyers, judges

By Onell R. Soto

UNION-TRIBUNE STAFF WRITER
December 17, 2007
Millions of people enter Indian reservations each year for work or play, unaware they might be leaving behind things they take for granted elsewhere, such as the right to sue if injured.
NELVIN CEPEDA / Union-Tribune
Nellie Lawrence of San Carlos displayed photos taken when she was hospitalized after she was knocked down by a man running in Barona's casino. The deals that California Indian tribes signed with the state for Las Vegas-style casinos require them to pay “all legitimate claims” from people who have been injured.
Critics say not all tribes are living up to the spirit of such agreements, and some lawyers say the system is rigged against them and their clients.
The agreements with the state require tribes to waive sovereign immunity – the right of governments to be shielded from lawsuits – but the way that happens varies.

Many tribes have retired state judges decide disputes. Others direct complaints to tribal courts. �It's not fair,� said lawyer Bonnie Kane, who sued in state court when the Barona tribal court rejected a claim by Nellie Lawrence, 93, of San Carlos after she was knocked down by a man running in the tribe's casino. Kane doesn't object to tribes having courts to hear these matters. But she says the process should have guarantees of fairness, as other courts do.


Independent judiciaries
About half of the more than 560 Indian tribes in the United States have courts, and maybe one-tenth of those use their tribal council as the judges, said Vincent Knight, executive director of the federally funded National Tribal Justice Resource Center in Boulder, Colo. �That doesn't necessarily mean they're going to be unfair,� Knight said.

Tribal courts nationwide hear a variety of cases. Some have sophisticated systems with appeals courts and independent judiciaries. It is up to each tribe to decide how that is set up. In Lawrence's case, a state appeals court found in July that it is up to the tribe to decide how it deals with injured patrons. In October, the state Supreme Court declined to take the case.

A review by The San Diego Union-Tribune of more than a dozen lawsuits filed against tribes in San Diego courts in the past four years indicates that Lawrence's experience is not unusual. Federal and Superior Court judges throw out most suits when tribal leaders claim sovereign immunity.

Many personal-injury lawyers don't bother with people claiming they were hurt on tribal property, said Mark Merin, a Sacramento lawyer who helped draft ordinances that tribes use to deal with such situations. �They are basically out of luck,� Merin said. �The law is, (the tribes) have absolute immunity.� The issue goes beyond personal injury lawsuits in state and federal courts. Employment lawsuits against tribes often are tossed, as are other suits in which people claim they were injured by tribal employees.

It goes beyond California.

San Diegan Barbara Linehan, 52, was killed July 3, 2004, when the minivan she was driving from California to Texas was struck by a wrong-way, drunken driver on Interstate 10 outside Tucson. The driver of the Cadillac Escalade that plowed into Linehan's van pleaded guilty to manslaughter and was sentenced to more than 10 years in prison.

An Arizona state judge refused to hear the lawsuit by Linehan's husband, Gary Filer, against the tribally-owned Desert Diamond Casino, where the suit claims the driver got drunk and a valet brought him his car. An appeals court backed the judge's decision. But the appeals court said the law it upheld �arguably is divorced from the realities of the modern world.� Filer, who lost a leg in the crash, is frustrated. �There's some responsibility the casino needs to shoulder here,� Filer said. He is pursuing the case in the courts of the Tohono O'odham Nation, which owns the casino, where his lawyer is hopeful he'll get a fair hearing.

Foxwoods' system
Some tribes have developed sophisticated court systems.

People who are injured at Connecticut's Foxwoods Resort Casino � which claims it is the largest in the world � can sue at the Mashantucket Pequot Tribal Court, established in 1992.

Chief Judge Thomas Weissmuller is appointed by the tribal council, but he is not a Pequot tribal member, and his decisions and those of two other trial judges � and three appeals judges � aren't subject to approval by the tribe. �If you are responsible in setting up your court, you're going to have a good, neutral judicial system,� Weissmuller said. He is sometimes consulted on the effect new laws might have on the court, which hears about 400 cases a year, but he is not part of the tribe's legal department, whose lawyers sometimes appear before him.

Intertribal council
Formal tribal court systems are a relatively new thing in San Diego County.

In 2005, the Escondido-based Intertribal Court of Southern California was established, with a judge going from reservation to reservation to hear cases on behalf of 11 local tribes.

The Rincon Band of Luise�o Indians recently decided to use the intertribal court, instead of arbitrators, to hear disputes from patrons of its Harrah's Rincon casino, tribal Chairman Vernon Wright said. �It's a real practical way to try to bring a little bit of balance,� Wright said. On other issues, the tribal council has sat as the tribal court, but the advent of the intertribal court has changed that, partly because the council is busy but also as a matter of fairness, Wright said. �At a certain point, you have to ask yourself, 'Is this really an independent review?' � he said.

Intertribal Court Chief Judge Anthony Brandenburg, a lawyer and retired Superior Court commissioner, takes cases delegated to him by tribal leaders, mostly about disputes between tribal members such as child custody. Brandenburg is not involved with Barona's court, but he didn't see anything wrong with it. Ancient traditions can be difficult to understand, Brandenburg said, like the idea that a tribal council can have legislative, executive and judicial roles. �That's the way Indian country's been set up since time immemorial,� Brandenburg said.

Barona case
One who doesn't understand is lawyer LaToya Redd, who represents the woman who claims she was bitten by bed bugs at the Barona tribe's hotel two years ago. The woman sued the tribe in August in El Cajon Superior Court, claiming the tribal court couldn't fairly hear the case because Clenney, the tribe's lawyer, acted as a judge.

Redd argued the gambling deal the tribe signed allows lawsuits in state court. �California intended for there to be 'fair and prompt adjudication,' not 'We can do whatever we want,' � Redd said. Clenney said she doesn't make decisions and doesn't consider herself a judge. She said fewer than 10 cases have gone to the council, sitting as tribal court, in the past seven years, half of which have been denied. She said a few resulted in rulings against the casino, and the rest in settlements.

While Barona directs suits to its tribal court, other tribes deal with patrons in different ways, depending on their philosophy and the deals they signed with the governor allowing them to operate casinos. The initial compacts signed in 1999 called for $5 million insurance policies and simply said tribes would waive immunity from suit, without saying where such suits could be heard.

Recent compacts, including those signed by Pala, Pauma, Viejas and Sycuan, call for $10 million insurance policies and for disputes to be settled in state court or through arbitration by retired judges. Giving people a recourse if they are hurt makes business sense, said Jerry Turk, who manages the Pala casino, where disputes can go to binding arbitration. �It's fair for the guest,� Turk said. �It's fair for the casino.�

The Campo tribe, operator of the Golden Acorn casino in East County, said patrons could go to arbitration, but only if they followed the casino's rules. An appeals court ruled last year that the tribe did not follow its rules when it denied arbitration to Celeste Bluehawk, a woman who said she slipped on a wet floor.

That case was significant because justices found that the compacts tribes signed with the governor meant state courts could intervene in such disputes under certain circumstances, like when the tribe doesn't do what it says it will do.

Read the article at the link

The Latest from CA's Native Blogs.

Over at A Mixed-Blood Uinta's View, Earl is discussing Sovereignty. Does it help or hurt the individual Native American. For us, it's definitely hurt.
Native Unity has a story about a "white supremecist" who was defeated in his bid in a Comanche election and Advocate for Truth in the Santa Ynez Valley has a post up about the bungled, mishandling of the expanded gaming compacts that were 'misplaced', yeah, like Hillary's FBI files....

Take a look

Senate Committee on Indian Affairs

For those who may want to write our committee members, I blogged previously with their addresses and links

http://originalpechanga.blogspot.com/2007/12/senate-commitee-on-indian-affairs.html

No on Prop. 94, No on Pechanga: Are Feds Incompetent or Buffoons?

Article

Gambling agreements greenlighted

TRIBES: Opponents call for an investigation into the government's decision to approve the compacts.


10:00 PM PST on Wednesday, December 19, 2007
By JIM MILLER Sacramento Bureau
The federal government gave final approval Wednesday to gambling agreements between the state and four Southern California tribes, nearly seven weeks before state voters will be able to accept or reject the deals.
Opponents criticized the decision and called for an investigation.
The agreements, known as compacts, cover the Agua Caliente Band of Cahuilla Indians in the Coachella Valley; the Morongo Band of Mission Indians near Banning; the Pechanga Band of LuiseƱo Indians near Temecula; and the Sycuan band in San Diego County.

In September, with no announcement, Secretary of State Debra Bowen's office forwarded the pacts to Washington for review by the Interior Department. The agreements surfaced in late November and received automatic approval because a 45-day review period had expired. OP: Let's see, a compact that explodes Indian Gaming in California, is in the Interior Departments hands for 45 days and nobody KNOWS about it? Please...

If it looks like bulls**t and smells like bulls**t..... it's probably bulls**t.

"With publication, the governor, state legislature, and now the federal government have all approved the agreement. Clearly the efforts to break these comprehensive agreements are a waste of time and money for the people of California," Pechanga Chairman Mark Macarro said in a statement. Translation: We are going to do what WE want, we don't care about what the citizens of California want.

VOTE NO in Expanded gaming.

Wednesday, December 19, 2007

When BONES are more Important than People: No to Pechanga

This is an article from the NC Times that is still pertinent, and why you should vote NO on Prop 94:

TED HILLOCK - For The Californian

The Viejas Band of Kumeyaay Indians and San Diego State University recently co-sponsored a "Spirit of the Land" conference at SDSU. More than 80 keynote speakers spoke on environmental policy, smart growth concepts and American Indian sacred places. Mark Macarro, chairman of the Pechanga Band of Luiseno Indians spoke on protecting sacred California Indian places. At the same time he was speaking for the need to protect the more than 1,000 sacred Indian places throughout the state, the Pechanga were trying to disenroll 133 members because the enrollment committee said they "failed to show proof of lineal descent from original Pechanga people."
John Gomez Jr. was one of those expelled and is the unofficial spokesman for the group. He was, until recently, on the enrollment committee and considers himself ---- as the others do ---- a Pechanga. He claims to be a direct descendant of Manuela Miranda, the granddaughter of an original "headman," Pablo Apis. Gomez said the disenrollment was not based on facts, but on "greed and power."
The expelled group's attorney, Jon Velie, agrees. He has said there is more than enough documentation to prove the lineage. Each member receives $10,000 per month from casino profits. OP: Now, $32,500. So the fewer members, the larger the monthly check is. OP: Guess so, 3 times larger.
The recent disenrollment is becoming the norm, not the exception, throughout the nation. As the Indian casinos become more prosperous, they are becoming more
greedy. Laura Wass, a spokeswoman for the American Indian Movement said that hundreds of California Indians have been ejected from their tribes in recent years, many from tribes that run casinos, and that about 2,000 more people are facing ejection. In the few years that casinos have been allowed in the state, five of the San Diego County tribes, including three that operated casinos, decreased their memberships, according to Bureau of Indian Affairs figures. Six tribes that don't operate casinos had their memberships increase. While Macarro was speaking on the need to preserve Indian sacred sites for the value of their heritage, he was also supporting the ejection of living members.

See the link for the article.

Feds to CA Voters: F**K YOU and You and Your Ballot Props

Even though the BIA did not follow its own procedures, they will continue on as though the rights of the voters of CA do not matter. Of course, Pechanga Chairman Macarro is happy to think our votes do not count. That's what he did to his own people.

Southern California Indian gaming compacts backed by feds
Gruszecki

Final approval has been given to four Southern California tribal gaming compacts with the state by the federal government.
Notices of the U.S. Department of Interior's decision to approve the Indian gaming expansion deals with the Agua Caliente Band of Cahuilla Indians, Morongo Band of Mission Indians,

Pechanga Band of Luiseno Indians and the Sycuan Band of Kumeyaay Indians were published in the Federal Register today.The pact approval comes before the California voter referendum to endorse or reject the agreements that constitute one of the biggest slot expansions in state history.Agua Caliente chairman Richard Milanovich was attending a meeting and could not be immediately reached for comment. Tribal spokeswoman Nancy Conrad said, "It's all finalized. We're all very happy about that."

"With publication, the Governor, state legislature and now the federal government have all approved the agreement,'' said Pechanga chairman Mark Macarro. "Clearly, the efforts to break these comprehensive agreements are a waste of time and money for the people of California."
OP: Mark, the people did not make these agreements.

UPDATE: STATEMENT BY SCOTT MACDONALD

Congressional Inquiry, Referendum Defense Demanded

December 19th, 2007 by No Unfair Deals
Contact: Scott Macdonald(310) 996-2671
FOR IMMEDIATE RELEASE
The campaign against the Unfair Gambling Deals, No on Propositions 94, 95, 96 and 97 released the following statement today in response to publication of the unapproved gambling deals in the Federal Register.
“Whether caused by buffoonery, befuddlement or backhanded dealing, action by the United States Department of the Interior to publish the Big 4 Gambling Deals before California voters get their say on Feb. 5 is both totally outrageous and completely meaningless.
“There are no deals to review and/or approve until our constitutionally guaranteed referendum process is completed with a statewide vote. Still the Interior Department presses on with its unbelievable story of highly controversial deals that sit unseen for six weeks and then miraculously appear in an official’s inbox too late for review.
“An investigation is sorely needed into the shenanigans at the Interior Department that threaten to rob Californians of their right to vote on the Big 4 deals.
“Among the questions that must be answered:
“Who accepted the deals at Interior despite their incomplete status?
“How did they sit unnoticed for six weeks and then suddenly appear just after the deadline to review them had passed?
“How is it that deals that are not ready for federal review, have apparently been hidden within the department to avoid scrutiny and await a vote of the people before they can be finalized are considered proper candidates for publication in the Federal Register?
“Whatever action is necessary to rescind the deals’ publication must be taken.
“Most important, we warn the rich and powerful tribes who cut these deals for themselves — and now would appear to be receiving beyond-favorable treatment from the federal bureaucracy — to not install what would be illegal slot machines in their casinos.
“Any such action would be a violation of law, an attack on the California Constitution and a slap in the face to California voters.”

Pechanga Compacts: Investigation NOT Ratification

Tribal Gambling Compacts, Investigation Not Ratification
By Kathryn Bowen

Article

The road to ratification of tribal casino expansion deals leading to Sacramento and of the largest expansion of gambling in American history is littered with private deals, silenced communities, co-opted police, media, local governments and elected officials who have been summarily bought-off.
An investigation is what is needed into the negotiation and ratification of tribal gambling compacts and the Office of the Attorney General should be calling for one. One problem. The AG's office is playing politics like the rest of our elected officials. Turns out the Attorney General's office is busy assisting the Governor with his privately brokered multi-billion dollar tribal gambling deals.
What the state plans on doing to enforce compacts with 5 powerful Indian gambling tribes that operate outside of U.S. Constitutional law is a mystery to us all. Straight answers - any answers - would be helpful to the citizens of California.
Although the Attorney General's office is skeptical as to enforceability when they admitted compacts are difficult to enforce because of the "sovereign nation" status of tribes, the Assembly is still moving full speed ahead.

OP: Readers, please remember that the AG is not investigating the recent firing of a Pechanga Casino manager, who is the son of former Pechanga Tribal Spokesman Jennie Miranda. Why isn't this public? He not only cheated Pechanga, but the employees, who are CALIFORNIA citizens. And of course, the state, who lost some taxable income from the employees who didn't receive all their tips. WHERE is the news on this? THESE are the people (Pechanga) that we will TRUST to tell us how much they earned?

Pechanga: Wear a pro-expanded gaming pin or be fired!

PECHANGA: Up to and including TERMINATION.

The link above is to a comment by a Pechanga employee:

According to a memo that came out in my department it said " as part of your uniform you are required to wear the prop pin, if an employee is found not wearing the pin it will lead to disciplinary action up to suspension and/or termination

OP: Can they also wear a pin that says "the opinions are not my own, but my managements"?

Revenue Sharing Tribes should VOTE NO on Prop. 94-97

This was posted on Yahoo's Native California Indians newsgroup and reason why revenue sharing tribes should be voting NO on expanded gaming compacts. No to Pechanga:

REVENUE SHARING FOR NON-COMPACT TRIBES-THE IMPACT OF THE 2006(2008?) COMPACTS
The state doesn't have the money to increase revenue sharing next year, and ifthe 2006compacts are approved, the state won't even be able to fully fund the $1.1Million tribalrevenue sharing payments.
The problem ahead: 60 percent of the money used to fund revenue sharing for thetribewith no casino and those that operate less than 350 machines is through a"backfill" intothe Revenue Sharing Trust Fund (RSTF) from the Special Distribution Fund (SDF).
If the2006 compacts are approved by the voters in the February 2008 state election,thosetribes will no longer pay into the Special Distribution Fund and its annual revenue will drop from $137 million to $46 million.
The State has been spending $99 million per year from the Special Distribution Fund for Revenue Sharing Trust fund backfill,state program,and local government grants. Despite the priority for funding from the special distribution fund, Revenue sharing Tribes will have to compete for appropriations from the special distribution fund against those programs or seek funding from the general fund at thesame time as the state enters the budget year with a $14 billion deficit.
The only assured funding for tribal revenue sharing would be the revenue sharing trust funditself, which itis estimated can only provide $449,000 of the promised $1.1 million

VOTE NO on 94 thru 97

Monday, December 17, 2007

Must See Videos on Pechanga Corruption

And why you should be voting NO on Prop. 94.

Pechanga Membership Issues

Without a Tribe One of the MOST SHARED videos in KNBC history. The extended comment section is enlightening also.

Pechanga Man Banished from Reservation

And of course, the link in a previous post that shows the real information not being shared in the tribal commercials. You know, the ones the 4 tribes have committed $30 MILLION to so far.

Sunday, December 16, 2007

YOU TUBE NO on Prop. 94, 95, 96, 97 votes.

http://www.youtube.com/no94no95no96no97

Here is a NO on expanded gaming link to help explain what the tribes and Schwarzenegger are trying to get over on the people of California. You should be thinking NO to expanded gaming.

Congratulations to the Miami Dolphins

The underdog wins one today. Congrats to the Dolphins for the win and escape from the ranks of all-defeated.
Let's hope the underdogs will keep winning.

Saturday, December 15, 2007

Governor to Declare State of Emergency

Gov. Arnold, who doesn't want the citizens of CA to vote NO on Pechanga's Prop. 94 will be declaring a fiscal state of emergency. The man who borrowed from Indian Gaming's Special Funds because he couldn't say no to spending will be declaring that he's fiscally irresponsible, along with the legislature soon.

Mr. Governor, IF you asked the tribes to restore their membership and allow rightful people to be in the tribes, roughly 3,000 people would be added instantly to the highest tax bracket. That would be a quick $30,000,000 bucks by April. AND, it would be doing the right thing. Can you imagine that?

Thursday, December 13, 2007

How Exaggerated are Pechanga's Claims on Expanding Funds?



Increase in Payments to the State.

Under the compact amendment, the Pechanga tribe’s payments to the state would increase significantly. Its payments to the RSTF would increase to $2 million per year—up from the current annual level of about $300,000.

The tribe’s annual payments to the SDF—currently around $28 million—would end. WHAT?!? Would END? They aren't letting us know that in the commercial.

For the first time, however, the tribe would make payments to the General Fund, the state’s main operating account. (The General Fund receives about $100 billion each year from all sources, and its funds can be used by the Legislature for any purpose.) WOULD THIS BE the SAME General Fund that Politicians can't balance?

The Pechanga tribe’s annual payment to the General Fund would total at least $42.5 million under the compact amendment. So, cities and local governments LOSE and the state doesn't get enough to cover much.

In addition to this minimum payment, the tribe would pay to the General Fund an annual amount equal to 15 percent of the net revenues of the next 3,000 slot machines it adds to its casinos after the compact amendment takes effect. (In general terms, a slot machine’s net revenue is the amount of money that gamblers put in the slot machine minus the money paid out as prizes from the machine.) Pechanga would report that "net win" based on their own audits and could say, 'SORRY, there WAS no net win this summer, high price of gas..blah blah)


If the tribe operates more than 5,000 slot machines, it would pay the General Fund an annual amount equal to 25 percent of the net revenues of those additional slot machines. OP: RAISE YOUR HAND IF YOU can count to 4,999! I can, I can!

Covering Shortfalls in the RSTF. The compact amendment requires the state to use a part of the tribe’s payments to the General Fund if they are needed to cover shortfalls in the RSTF—the state fund that gives each tribe with no casino or a small casino $1.1 million each year. OP: You mean the tribes that aren't terminating their membership like Pechanga.

Tribal Payments to State May Decline in Certain Instances. OP: WHAT?!? They haven't mentioned that in their ads!

Under the compact amendment, if the state allows a nontribal entity to operate slot machines or certain card games in nearby areas, the tribe’s required payments to the state would be significantly reduced or eliminated Greed.....

City of Loma Linda against Unfair Gaming Deals

http://nounfairdeals.com/blog/category/blog/

City of Loma Linda Opposes Unfair Gambling Deals as councilmembers vote to take a standWednesday, December 12th, 2007

Two Loma Linda council members Tuesday night, admitting little in-depth knowledge of the issue, argued that there just wasn’t any reason to take a side, any side, in the referendum battle over the Unfair Big 4 Gambling Deals. One abstained and the other voted “No” on a resolution to oppose Propositions 94, 95, 96 and 97.

But, the mayor of this picturesque town know mainly for its world-famous medical center, Robert Christman, felt otherwise, Mayor Christman laid out a compelling case for rejecting what are sweetheart deals for the four rich and powerful tribes, but bad deals for California taxpayers, workers and other tribes.
Christman pointed out that the deals represent one of the largest expansions of gambling in U.S. history. The mayor also spoke against the approach of deal supporters who want to talk about nothing but money, while ignoring serious questions the deals raise about worker benefits, environmental protection and state finances. OP: And the tribes treatment of their own members: denial of civil rights, voting rights, elder care.

And Mayor Christman is absolutely correct. The Big 4 revenue claims are wildly exaggerated. Even the state’s independent, non-partisan Legislative Analyst says their figures are unrealistic. These deals are much more than some check written to the State of California – a check the non-partisan legislative analyst says will be significantly smaller than the one you’re hearing about in the Big 4 TV ads.

Rincon, Morongo leave CNIGA. Pechanga member still in charge

Exodus from tribal gaming association

Interesting. Certainly wouldn't be the cost of dues. Why would the tribe's leave?

December 07, 2007 SACRAMENTO --

California's most powerful Indian gambling alliance appears to have lost nearly a third of its members in an exodus driven by tensions within the organization. Twenty-two tribes, including big gaming operators like Rincon of north San Diego County and Morongo of east Riverside County, did not rejoin the California Nations Indian Gaming Association by Thursday, the deadline to participate in the annual election of new officers, sources close to the organization said.
Some of those tribes still could renew and pay their dues, which were officially due Nov. 1. At least two indicated checks will soon be in the mail. But many of the 22 are not expected to return after months of internal haggling over competing interests of gaming and nongaming tribes. With the departures, the organization -- a political force in Sacramento and Washington, D.C. -- will have a little more than 40 members, its smallest membership in years. Some of the defections were spurred by the group's decision to raise minimum annual dues from $650 to $5,000. Big gaming tribes pay more than $80,000 a year.
But the nonrenewals were split almost equally between gaming and nongaming tribes. The latter included Jamul and Manzanita of San Diego County. There apparently was no disagreement about who should lead the association.
Two-term CNIGA Chairman Anthony Miranda was elected unanimously to a third term.

Happy Anniversary Paulina Hunter of Pechanga's Blog

Paulina celebrates her one year anniversary blogging against a corrupt Pechanga Government. Check out the MYSPACE blog where she has had over 28,000 blog views.

We have received many visits from the friends of Paulina. Thank you and Welcome. Tell your friends.

Wednesday, December 12, 2007

Pit River Membership Issues.

Paulina Hunter's Blog has some discussion of the Pit River Tribe, who also are using sovereignty as a weapon against their people.
http://paulinahunterofpechanga.blogspot.com/2007/12/pit-river-membership-issues-parallels.html

Pechanga: Coalition launched to Repeal Gaming Compacts.

Coalition Launched to Repeal Anti-Labor Gaming Compacts
by Paul Hogarth, 2007-12-12

Labor activists, environmentalists and the San Francisco Democratic Party held a City Hall rally yesterday to kick off the campaign to defeat Propositions 94-97 on the February ballot. After Governor Schwarzenegger and Assembly Speaker Fabian Nunez pushed through contracts with four Native American tribes to allow for casinos on their land, UNITE-HERE gathered signatures to put the gaming compacts on the ballot – so that voters can repeal them.
These compacts are a giveaway to the wealthiest Indian tribes in the state, without demanding that they respect basic California labor law for casino employees, or environmental law. Unlike other gaming compacts, it does not help the more impoverished tribes benefit from casino revenue and does nothing to fund public schools. By defeating Props 94 to 97, California voters will have the chance to repeal these four gaming compacts – and send the state back to the drawing board. “The Democratic Party is the party of working people,” said Scott Wiener, chair of the San Francisco Democratic County Central Committee. “Defeating these 4 compacts will be our top priority this election. We will send the Governor back to the drawing board, and draft gaming compacts that respect working men and women.”

And how about not rewarding a tribe that violates the civil rights of their people?

No to Pechanga gets financial boost.

Article: reg. required.

The battle over the four Indian compacts on the February ballot already figured to be an expensive one.
But the costs – and stakes – went up today when the
Pala Band of Mission Indians donated $2.5 million to oppose rival tribes' casino expansion compacts on the Feb. 5 ballot.
The tribe, which operates a casino near San Diego, had previously given $500,000 to gather signatures for the four referendums to challenge the compacts, but had not promised to financially back the campaign itself.
In August, tribal attorney Howard Dickstein, who represents Pala and a second tribe which gave $500,000 for signature gathering, the United Auburn Indian Community, told The Bee, "What they have decided is to provide financial support for the signature gathering. If and when it qualifies for the ballot, they will have a fresh look at what, if any, participation they will have in the campaign."
Now it’s clear that Pala, which runs the Pala Casino Spa & Resort, is backing the effort to overturn the compacts, at least to the initial tune of $2.5 million.
The last time the Pala tribe donated to the referendum effort, a similar sized check was sent by the United Auburn tribe within two weeks.
Al Lundeen, a spokesman for the referendum effort, wouldn’t comment if more money was on the way from United Auburn , saying that revealing the campaign’s finances “would give our strategy away.”
As for the $2.5 million, he said, “We’ve felt all along we would be running a campaign until Election Day and this gives us a better opportunity to do that.”

All told those groups have reported raising $8.7 million, though much of the money was spent qualifying the referendums for the ballot.
OP: You know the ballot that our Governor and Pechanga don't want YOU to vote on. PLEASE: NO ON 94. The big 4 tribes have $34 million war chest. And for Pechanga, it's a shrinking tribe, they don't need expansions before the smaller tribes get theirs. We don't have funds, we have the power of the pen and keyboards.

Time Article: Wheel of Misfortune - Pechanga Moratorium

Time Magazine had an article in 2002 that mentions Pechanga's action to keep Pechanga people out of the tribe. Page 2. Disgraceful.

Tuesday, December 11, 2007

Busting Pechanga Lies: Adding slots will dilute existing slots

One of the big 4 tribes, Pechanga says that by adding 5,000 more slots, that it will help generate $9 billion for the state. As we have said, that is pie in the sky.

Here a comment from a well placed Las Vegas gambling executive:

Turk, a former co-owner of Fitzgerald's casino in downtown Las Vegas, brought in partner Anchor Gaming of Las Vegas to manage the casino. Before consummating its $1.4 billion merger with slot giant International Game Technology last year, Anchor announced it would sell its majority stake in Pala's management company to Turk.
The Pala tribe -- a member of the 21-tribe coalition -- will also likely expand its 2,000-slot maximum if Gov. Davis' revenue-sharing proposal makes economic sense, Turk said.
Adding slots ultimately dilutes the profits produced by existing machines, he said.
And because machines are replaced so often, it's also difficult to identify which are new machines and therefore subject to the state's potential revenue-sharing plan, he said.

OP: Just because you add more slots, it doesn't mean those slots will produce the same as the existing machines. How many of the new machines will lie fallow for many hours a day/week?
Check out the links to the right, there's lots to learn

NAACP Supports Civil Rights Violators II

As previously discussed here, the NAACP is supporting the Pechanga Band of Luiseno Mission Indians in their big to expand gaming. Pechanga is a well know violator of the civil rights of their people. How can the NAACP stand with them? Why wouldn't the support enforcing ICRA? Please, NAACP of CA. Take a look at what Pechanga has done to 25% of their tribe. Support the other propositions if you feel they are right, but No on 94 is the way to go in February. At minimum change your Mission Statement to "we are no longer seeking enactment and enforcement of federal, state and local laws securing civil rights as long as Tribes give us some money, or as long as they give our favorite politician a handout."

Here's the NAACP Mission Statement:

NAACP Mission Statement
The NAACP’s principal objective is to ensure the political, educational, social and economic equality of minority citizens of the United States and eliminate race prejudice. The NAACP seeks to remove all barriers of racial discrimination through democratic processes. This mission is accomplished by seeking the enactment and enforcement of federal, state and local laws securing civil rights, and by informing the public of the adverse effects of racial discrimination. From school desegregation, fair housing, employment and voter registration, top health and equal economic opportunity, the NAACP is working successfully with allies of all races, plays a significant role in establishing legal precedents in order to improve the quality of life of America’s downtrodden.

UPDATE: There will be a letter coming from a representative of AIRRO asking the CA NAACP to rescind their support of the Pechanga Band's Prop. 94.

Monday, December 10, 2007

Bryan Galt Says: About Chukchansi & Pechanga-like mindedness

Bryan Galt, friend of ours from One Little Indian Reports, has such a good comment that I'm bringing it forward for easier viewing. I've added my 2 cents worth.

Please, continue your comments. Thanks Bryan!

Bryan Galt said...
The real purposes of terminating memberships are two-fold:

1. Removal of potential distribution competition:
Each member of a gaming Tribe is usually entitled to an equal share of the Casino profits.


In the case of Chukchansi Gold, the casino has been averaging $4 million per month in payments to the Tribe over the past 18 months (as reported to me by a former Tribal Council member).
The Tribe had 1,224 members the day the Casino opened its doors in 6-2003. As of 11-29-07, it has less than 600.a. 18 months at $4M = $72Mb. 1,224 members / $72M = $58.8K over the 18 months or $3,200 per member per monthc. 580 members / $72M = $124K over the 18 months or $6,900 per member per monthd. 200 members / $72M = $4M over the 18 months or $20K per member per month (100 members is the stated goal of the faction currently in control of the Tribe and its operations. OP: When the Pechanga Band had 1,000 members, the per capita was $20,000 per month (including bonuses) $20 million per month. NOW with less than 800, it's 32,500 per month, about $26 million. Still think it's not about the money?

2. Removal of Native Americans from Federal obligation: Under current federal guidelines, almost every benefit that is available for Native Americans require that the person is a member of a federally-recognized Tribe or be at least 50% blood Native. The removal of so many people is helping the federal government to disband the BIA and save untold millions or even billion’s in assistance to Natives who are terminated. Historically speaking for California, the 50% blood is extremely difficult to find any more since the California Native Americans were nearly wiped out.a. Spanish arrival in the late 1600’s through 1848: it is estimated that 100,000 Indians in California died during this period, reducing the population down to 200,000 to 220,000.b. The American’s arrive: in 1849, the gold rush began. In 1850 California became a state. In 1851 or 1852, California offered a bounty on the head of any dead Indians (men, women and children). In that year, 177,000 Indians were killed. From 1852 to 1900, the Indian population statewide dropped to just over 10,000 people (and that was counting all mixed race individuals down to 1/32 Indian bloodline). OP: Any yet, my ancestor, Paulina Hunter was 100% Pechanga, as proved by Pechanga's expert. Already, Pechanga blood was diluted in other families, including Macarros.

3. To Add Insult to Injury: There have been several Supreme Court rulings that have determined Tribes can determine their own memberships. Not one of these rulings ever addresses the conflict of interest involved when kicking members off the rolls for money. The Court states that only Congress has the power to change this rule. Unfortunately, Congress is the property of the gaming Tribes. In January 2007, the Senate voted to turn down a resolution that would have placed Indian Tribes into the same category as corporations and thus limit their donations. Instead, the Tribes are able to donate any amount they wish to either party and to any incumbent or candidate they wish. The gaming Tribes donated more money than the AFL-CIO! This kind of feeding frenzy has virtually guaranteed the continuing spiral of the Tribes into smaller and more powerful groups. It is also guaranteed that the Tribes are going to be non-existent at that rate, which I believe is the ultimate goal of the federal government. OP: Bryan, are you talking about the huge influx of CASH that Don Perata's campaigns got? Or Cruz Bustamante?

Historically, every action taken against any Indian Tribe and every law passed since the US was formed has had the purpose of bringing the “savages” into “civilized life” and that goal has not changed. The only change has been in the way the game is being played. Instead of the government taking directly offensive actions to “civilize” the Natives, the casinos are doing it at light-speed. The casinos are destroying the Tribes while forcing the Native’s to become part of mainstream society by cutting them out of the system once and for all. The government has the perfect cover: the Tribe made the decision, not them!I hope this helps you to see what is really at stake: the very existence of the Native spirit that once inhabited this land is on the verge of extinction.

The Native people are victims of ‘genocide on paper’ and as long as the money keeps flowing into the political coffers, it won’t stop until the Natives are no more (at least from a legal viewpoint).As for the question regarding air time, the rules that you are referring to only apply to Presidential elections. Also, since Pechanga is a quasi-sovereign state, the rules would definitely have no bearing on them at all.I have repeatedly suggested that there are enough disenrolled Natives in this state to mount a great counter PR campaign if only it were possible to get $10 to $20 a month from the entire group (more would be even better). However, for reasons that I don't understand, I have found that the vast majority of Native people I speak with don't want to put up a fight, especially if they have to help pay for it.Until that changes, the casino's are going to win every time.

Vote for Steve Haze, Vote NO on 94.

NAACP supports Pechanga violators of Civil Rights for Native Americans

The pro expanded gaming site has an announcement that the NAACP endorses the expanding gaming Propositions. Since Pechanga is well know for violating the civil rights of it's people, the NAACP's approval of granting them most favored nation status for gaming is also tacit approval of their violating the rights of their people.

NAACP, you should be ashamed for standing with Pechanga. I'd suggest you educate yourselves and then THINK AGAIN about supporting Prop. 94. You DO understand, that you can vote for each proposition separately? Vote yes if you feel the need on the other propositions, but please, think twice or three times about giving a tribe such as Pechanga, more power and money to eliminate more of their tribe.

STAND WITH those who have had their civil rights and human rights stripped from them.

Sunday, December 9, 2007

Pechanga Cheats It's Members: What Would YOU Do?

Paulina Hunter's MYSPACE blog asked that question in February and I'm re-introducing the question here. The link has the original story, but more interesting is the comments from her friends. Please, feel free to answer the question: WHAT WOULD YOU DO?

Pechanga (meaning the tribal council and disenrollment committee) has CHEATED its members, by disenrolling them from the tribe. They have wronged over 500 people, when you include spouses and children who cannot claim membership.

Since 1995, almost 12 years, they have been paying per capita to each member of Pechanga. Here is the breakdown as they give for loan authorizations for the first years:
1995: $1,075 1996: $3,360 1997: $20,204 1998: $39,853

Now, bear in mind that by 1998, this is MORE money than many of the tribe has made in a year, EVER. You'd think that people would be HAPPY to be making an extra $3,000 a month.
1999: $44,071 2000: $47,744 2001: 63,800 2002: $91,000

Well now, in 8 short years, tribal members are making $7,500 per month, got health care approved and guess what? CPP started getting JEALOUS of what San Manuel was making (significantly more, due to smaller membership) so they started looking at how they could get more money.

Was setting a positive example of tribal unity and good public relations to build business and relationships the way?
or
Was getting rid of some members so you could control power and get their per capita the way?

Which would you choose? WHAT WOULD YOU DO?

Saturday, December 8, 2007

No on Pechanga Corruption: No on Prop. 94

This weekend we are expecting some new Pechanga videos to become available that will be drawing attention to why you should vote NO on Prop. 94. Please check back with us this weekend to get the links.

Please keep familiarizing yourselves as to WHY Pechanga should not get expanded gaming. Californians should not reward Pechanga's corruption.

Friday, December 7, 2007

New Link the Open Letter To Pechanga Chairman

Free Peltier Now has linked to our post of an Open Letter to Pechanga Chairman Macarro.

Thanks for the link and post.

Pechanga: Tribes must Halt All Efforts to Add Illegal Slots

Tribes Must Halt All Efforts to Add Illegal Slots in California
By Cheryl A. Schmit
Founder and Director of Stand Up for California ARTICLE HERE

You may have read one of the numerous news reports that somehow the unfair gambling deals the Big 4 tribes cut for themselves in Sacramento – and that await voters as Propositions 94, 95, 96 and 97 on the February 5 ballot – have been approved by the federal government. That’s not quite true for a number of reasons.

The compact must first be validly entered into under state constitutional law. Since nearly 3 million signatures were gathered to put the deals on the ballot, the deals await the decision of California voters under the referendum process authorized in the State Constitution. If voters reject the deals, California can’t be a party to them and there would be nothing for the federal government to review or approve.

Nevertheless, even if the federal government were to publish the authorization of the tribal state compacts in the Federal Register the Secretary’s approval cannot give life to a compact which is considered void on Feb. 5th by California voters, or determined by the courts to be void from the beginning (ab initio). To date, the federal government has indicated it will postpone publishing anything in the Federal Register. We applaud this decision. Unfortunately, the federal government’s respect for California’s referendum process is not shared by the Pechanga tribe in Temecula. The chairman of the tribe has told numerous reporters that they have plans to move forward with adding what would be illegal slot machines to their casino.

Read the rest at the link above. Chairman Macarro's cousin Victor calls Cheryl a shill. As one whose site gets ad monies and links to the Casino, he may be an expert. Takes one to know one, such as when Macarro called the unions Corrupt.

Original Pechanga: Mixed Blood Uinta's View

We've added a new friend to our blogroll: A Mixed Blood Uinta's View he's a friend from Pechanga.info, the site that is not Victor Rocha's.
Some good writing from a man who is fighting a disenrollment battle with the Feds. Check it out.

Thursday, December 6, 2007

Interesting Use of Google for Pechanga

Please Google: Mark Macarro Corrupt

He's at the top of Google. It's not an honor, it's because he did not follow Pechanga Law.

UPDATE: Teetilawuncha's Blog has more. Also from www.pechanga.info

Wednesday, December 5, 2007

Pechanga Told to Stop Plans for Illegal Slot Machines

Pechanga Told To Stop All Plans for Illegal Slot Machines
Contact: Scott Macdonald(310) 996-2671
FOR IMMEDIATE RELEASEDecember 5, 2007

LOS ANGELES – “Cease and desist” was the demand leveled today at the rich and powerful Pechanga tribe (violators of civil, human, voting rights: OP)which has made it clear to reporters that they are moving forward with plans to install illegal slot machines in their Temecula-area casino.
The demand came from the campaign against the Unfair Big 4 Gambling Deals, No on Propositions 94, 95, 96 and 97, which opposes the deals because they represent one of the largest expansions of gambling in U.S. history and are unfair to California taxpayers, workers and other tribes.
Standing in the shadow of the Westwood Federal Building, campaign representatives praised the federal government for acknowledging its mistake in prematurely reviewing the deals before California voters get their say on February 5th.
“Unfortunately, the federal government’s respect for California’s referendum process is not shared by the Pechanga tribe in Temecula,” said Cheryl Schmit, executive director of Stand Up for California!, a gambling watchdog organization. “The chairman of the tribe has told numerous reporters that they have plans to move forward with adding what would be illegal slot machines to their casino.”

“The California Constitution gives us the referendum process as a check on legislative decisions that favor the rich and powerful like the Big 4 tribes,” continued Schmit. “Until we vote Feb. 5, there are no deals and any attempt by
Pechanga or the others to add slot machines would be a gross violation of law, not to mention the democratic process.”
Schmit said the deals lack strict environmental protections and have a revenue formula that would let the Big 4 tribes manipulate funds to underpay the state.
John Gomez, Sr. vice-president of American Indian Rights and Resources Organization, said it concerned him deeply that the Pechanga tribe would trample on the rights of voters.
“It would be a monumental display of disrespect for Pechanga to expand their casinos before Californians have a chance to have their say as is guaranteed under the referendum process in the state Constitution,” said Gomez.
The leader of the Native American civil rights organization said one of the major problems with the Big 4 deals is that “just four of the state’s 108 tribes would control one-third of the state’s Indian gaming pie. On top of that, the Big 4’s dominant casinos
could economically devastate other smaller tribes.”
More information on Props. 94-97 is available at
http://www.nounfairdeals.com/

California Professional Firefighters, California Federation of Teachers and the American Indian Rights and Resources Organization are among those opposed to the Big 4 Gambling Deals.


OP: Also those disenrolled tribal members across the state.

Pechanga Man Describes Banishment by Pechanga Faction

http://www.youtube.com/watch?v=Udu5Yg40TdU

This is MUST SEE video. Now BANISHED by Pechanga, Joe Liska, son of Pechanga members describes how he was treated by the Pechanga tribe. He's a coming home person, caught in an unconstitutional (Pechanga's Constitutiona and Bylaws) moratorium.

Please watch.

Paulina Hunters Blog links here to this story, thank you.

Letter Against Pechanga's Civil Rights Violations and other things

One of our young people drafted a letter to those on the Indian Affairs Committee. Feel free to adapt it for your use. It would be a good idea to send it to your representatives.



Dear Senator,

I am writing because you are on the Indian Affairs Committee. I am one of thousands of Indians have been kicked out of our tribes since the advent of Indian Gaming. The majority of eliminated people come from tribes that have Casino's. The issues tend to simply mathmatecal, less members equates to a bigger per capita check. 250 of us, or 25% of our tribe, have been removed from the tribal. rolls with no due process, resulting in the loss of civil right, voting rights, health care and our rightful per capita. Additionally, we have lost education assistance for our children, especially for those who went to school on the reservation. When the tribe removed our families and the children who went to school, they sent members of the tribe to escort the children out of the school, saying that they werent to come back to school tomorrow because they are not Pechanga. CHILDREN! Who have only known their whole life that they are Pechanga. To put it mildly, many tears have been shed over the loss of the our tribe, our identity, and more importantly for the children their friends and their school.

My ancestor is Paulina Hunter and I am from the Pechanga Band of Luiseno Mission Indians of Temecula, California. In my family's case, 90 members, who can prove our lineage, in fact, Pechanga proved it with their own expert, were disenrolled. We have hundreds of certified documents saying that we are Pechanga. Certifed documents that have come from both State and Federal Government that proves our case.

Being kicked out was simply about money, our tribe payed out money to its members, called per capita. Since our family and another has been removed the money to members has increased from $250,000, to upwards of $350,000. We have dead buried in the Tribal cemetery who DIED knowing that they were Pechanga. My Aunt died knowing she was Pechanga. When she was buried, in the cemetary the Tribal Chairman helped bury her, saying that SHE was Pechanga and set a great example for all Pechanga's Members. Make no mistake, we can and have proved our lineage. The tribe hired the foremost expert, John Johnson, in California who stated in a 12 page letter to the tribe, "based on the preponderance of evidence that my ancestor, Paulina Hunter, was in fact Pechanga"! They refused to consider the evidence that they had payed for. We had members of our Tribal Council fall asleep during our meeting with them. Members of the committee also had a bias over land that we were given by the government over 100 years ago, including the Tribal Chairman, Mark Macarro.

This hasn't happened to just our family. To others on other reservations, such as the Cherokee Nation. Assemblymember Diane Watson has gotten involved since that tribe has kicked out 2,800 members who were black, and forcing an investigation into their lineage. She has spoken out for the Cherokee Freedman's and has recently come under scrutiny for doing so. The United Native America has filed a congressional ethics complaint against her. This level of scrutiny shows one thing, that right thing has yet to be done in this matter.

Now California is voting on compacts that would expand gaming in California, rewarding Illegal actions taken by the band. The ones that were just held up by the Bureau of Indian Affairs. The Governor likes the Compact because it will bring money to the state. But, the compacts reward the tribes for civil rights violations. Is that what we want our government to support in our own country?

Our Family has set up a blog for ours and many others around the country, Please take the time to look at what has come out over the last few months. The address is:
http://originalpechanga.blogspot.com

It's past time for the government to get involved here. I'm asking for your help in looking into this matter and in coming to a decision that supports all the citizens civil rights in this matter

LA County Supervisors Not Responding to Ron Andrade issue.

http://originalpechanga.blogspot.com/2007/11/will-la-county-pay-for-votes-ii.html

Last month, I wrote about Los Angeles County Commissioner Ron Andrade, here and here Ron, used LA County email, to solicit votes at last month's Democratic Native American caucus, he said "we will pay for your meal and your registration". We are STILL waiting for the Board of Supervisors to respond to request for payment.

We will begin another campaign of writing shortly.

AIRRO will Speak today on Pechanga going against the will of Californians

AIRRO VP John Gomez, SR will be speaking shortly at the Federal Building in Westwood. He will be discussing remarks made my Pechanga Chairman Mark Macarro to go ahead with expansion and not WAIT FOR the people of CA.
This is a perfect example of WHY Californians need to vote NO on Prop. 94.

Stay tuned!

I hope John Sr, will speak about Pechanga's unconstitutional moratorium he allows (against the Pechanga Constitution). NO on 94, No to Pechanga's denial of civil rights, No to Pechanga's elder abuse, No to CPP.

Gov. Schwarzenegger more like Benedict Arnold?

http://tribalwatch.blogspot.com/2007/12/arnold-schwarzenegger-more-like.html#links

Our friends at Tribal Watch are asking the question. Through some letters to the editor in Capitol Weekly. Arnold does not want the people to vote.

Also, some more comments, including from yours truly, to article by the President of the California Federation of Teachers. Why haven't YOU left a comment there? 12,000 people have seen it since it was written.

Tuesday, December 4, 2007

NDN News has Open Letter to Pechanga Chair

Thank You Tamra: http://www.ndnnews.com/Tribal%20Dis-Enrollment%20Issues.htm

Haven't heard back from Mark yet.

UPDATE: Tamra's newsletter is out today, we get a front page mention. THANK YOU!

Senate Commitee on Indian Affairs.

Contact information for the Senate Committee on Indian Affairs

However, if you wish to submit any documents in addition to your comments, please e-mail comments@indian.senate.gov with both your comments and attachments.

Similarly, you may fax the information to (202) 228-2589.


Committee Members.
Dems
Byron Dorgan, Chairman (ND)
Daniel Inouye (HI)
Kent Conrad (ND)
Daniel Akaka (HI)
Tim Johnson (SD)
Maria Cantwell (WA)
Claire McCaskill (MO)
Jon Tester (MT)

Pubs
Lisa Murkowski, Vice Chairman (AK)
John McCain (AZ)
Tom Coburn (OK)
John Barrasso (WY)
Pete Domenici (NM)
Gordon Smith (OR)
Richard Burr (NC)