Wednesday, February 24, 2010

Rincon Decision Could Change Compact Negotiations.

Rincon Chairman Bo Mazzetti has an article in Indian Country Today, arguing that our Governer, Arnold Schwarzenegger negotiated in bad faith with tribes. Well, the tribes also promised they would take care of their people. How did that work out for members of Pechanga, Picayune, Redding and many others in California? Disenrollment, elder abuse, loss of voting rights, healthcare......


By stacking the deck against tribal governments when negotiating casino compacts, California Gov. Arnold Schwarzenegger was gambling that he could violate federal law with impunity. He bet he could hold the tribes hostage by our need to engage in gaming as our only means to economic development. But, it appears this is one bet he may lose. OP: Tribes like Pechanga tried to circumvent laws too, like putting additional Class II slots trying to get around their 2000 slot limit. Mr. Mazetti falsely claims that gaming is the only means to economic development and that's not true, entertainment and dining, also have economic possibilities. Of course, one may make you rich, the other, simply a business venture.

The United States District Court has ruled that the governor’s negotiation tactics with California’s gaming tribes are illegal and constitute bad faith. The state appealed to the 9th Circuit Appeals Court and a decision is expected soon that may change the way governors throughout the nation negotiate. It may also halt the trend of holding tribes hostage to state politics and charging increasingly higher fees as a condition for signing compacts.

The lawsuit, brought by the Rincon Band of Luiseno Indians of San Diego, alleged Schwarzenegger imposed an illegal and unfair tax on gaming revenues in return for tribal state compact agreements. OP: If you want a monopoly, you should have to pay dearly for it. Otherwise, it would make more sense to change the laws and legalize gaming in California, with total regulation by the state. What a CONCEPT!

Rather than work with Rincon to reach an agreement consistent with the court’s order, what did the state do? The state appealed, until the case finally landed where it currently sits – pending the decision of the 9th Circuit Court. OP: The HORROR! After suing the state, Mr. Mazetti whines about the state suing back!?



20 comments:

Anonymous said...

I find it curious that newspaper accounts don't publish both sides of the issue.

Schwarzenegger used his leverage and the tribes agreed. He tried to convince Cahleefornians that expanded tribal gaming would be good for us. FAIL on his part... AGAIN.

We need to authorize gambling for all of the state. That is the ONLY way that Californians will benefit.

Anonymous said...

I really don't think that non-Indian casinos could compete effectively with the Indian casinos. If gambling was open to all and taxed the tribes would pay no taxes while the corporations would pay 35% to the Feds and another 10% - 15% to the state. Plus the corporation would no doubt have union which would kill the profits. On top of all that you would likely have more casinos in CA which CA doesn't really need.

Anonymous said...

The tribal casinos will have unions when card check passes next year (or late this year)

What you WILL have is state taxed casino's in: Los Angeles, Orange County, Riverside and San Diego.

That will mean that people won't have to travel to a tribal casino to gamble. A tribal casino where they lose many of their rights in a sovereign reservation.

Imagine the advertising. Don't go to Pechanga and get your ass kicked like Richard Swan, come to our casino where you will have ALL your rights!

Why go to a business where tribes CHEAT their own people? Come to our casino where we don't cheat.

Allen L. Lee said...

The thing about Las Vegas as opposed to tribal Casinos is that Las Vegas is a metropolis of Casinos whereas the tribal casinos are regionally scattered.
There's no doubt that state sanctioned Casinos would put a serious hurt on the tribal casinos, and Las Vegas, because they could develop a metropolis gambling area in the State of California.
Casinos as an entertainment industry has a lifespan, the end of the old Las Vegas strip is an example. That type of entertainment constantly has to be upgraded and invested in, in order to remain profitable. I just hope the Casino oriented tribes are aware of that

Anonymous said...

Additionally, when the state sanctioned casinos pull customers away from tribal casinos, the clout they currently have because of their monopoly will diminish.

It's too bad that many tribes don't realize the value of publicity in taking care of their people...

Anonymous said...

There are many in control of gaming tribes that don't care about their people at all.

Too many tribal members aren't getting an education and will the tribes sorely lacking shortly.

Politicians only care where the money comes from, not who. They don't care who has been harmed.

Allen L. Lee said...

As much as I understand a strategy to affect the economic foundation of the "rights violating tribes" by adversely affecting their casino operations, the same principle that was used with the Lunch Counter boycotts during the Civil Rights struggle and econimic sanctions against foreign rights violators, I fail to see any component of state casino advocacy that actually addresses the re-patriation or self-determination of dis-enrolled California Indians to their tribes.
If I've missed something, please fill me in. If someone has taken possession of your house, there are several different ways to handle it. If you plan on burning it down, you need to have a plan to rebuild it.

Anonymous said...

This is the best point I've ever read on here, "If someone has taken possession of your house, there are several different ways to handle it. If you plan on burning it down, you need to have a plan to rebuild it". This is why I push a plan to try to gain tribal members' support in order to let us in.

'aamokat said...

"This is the best point I've ever read on here, "If someone has taken possession of your house, there are several different ways to handle it. If you plan on burning it down, you need to have a plan to rebuild it". This is why I push a plan to try to gain tribal members' support in order to let us in."

It would be nice if we could just gain tribal members' support to let the moratorium people in and to let the disenrolled back in but how many tribal members, even those who know that wrongs have been committed, have put their position on the line and taken any extra steps to see that real justice is done?

Answer, not very many.

Before we were disenrolled among the Hunters the prevailing attitude was let's work within the system, you know go through the process, and what did that get us?

Disenrolled without any resemblance of due process of law.

Yes we should not burn bridges with our friends in the tribe but sometimes we have to do what we have to do.

Anonymous said...

Mr Lee asks:

I fail to see any component of state casino advocacy that actually addresses the re-patriation or self-determination of dis-enrolled California Indians to their tribes.
If I've missed something, please fill me in.

Mr. Lee, sometimes when there's nothing left to be greedy about, like casino profits, there's less reason to have fewer people in the tribe.

We were members when all there was was LAND and SAND and that was satifying enough. Having casino per capita was wonderful, but look at what it's wrought...

I can enjoy being a member again, without a casino. Can the current members?

Allen L. Lee said...

Thanks for the answer anonymous, makes sense and good question to the current members. I'll be checking for more responses and views.

Anonymous said...

I was not looking for casino. I was thrilled to walk about Pechanga. Shut the damn false god down. Watch the cockroaches scatter.

Criminals have desecrated Pechanga for their greedy purposes. More will never be enough for greedy hearts and minds. The 'cabals' are having a howdy doody time watching Indians destroy themselves from within.
OY VEY!

White Buffalo said...

It is better to part of a large family who is poor, than to be a family of one who is rich. I remember the days of a real PowWow befor the days of the Casino PowWow when people would dance and sing around a real fire and play Pion for day's the gaterings were small but you could fell the spirt of the wind when it touch yur skin.

Anonymous said...

We hunted from the red cabin on Hunter Lane.

Rabbit, Dove and we planted vegetables and grapes....

O Pechanga said...

The red cabin on Hunter Lane was built in 1957, well before Macarro's cornfield allegation.

And well before he was born. You know, when his family lived in Colton and San Bernardino and way before Victor Rocha was in the system....

creeper said...

I remember going with Uncle Louis
to the cabin in the early seventies
and him tellimg me that he also helped build the cabin.
We used to visit Mathilda and the Ertle's, walk around and drive allover the Rez. If we had to start
new, without a Casino, I am ok. with that. I just want to live on my land, which is next to the red cabin, without disturbance from
Mark Macarro and his corrupt Regime.

'aamokat said...

Words by 'aamokat

A Paper Genocide (Lament of the Disenrolled Indian)

"We were one Indian Nation
When they put us on our reservation
We were at one with the land
Made our homes when there was only sand

We were one land we were one tribe
No casino just native pride
But some of the friends we had for years
Causued a Paper Trail of Tears

Casino People
Shamful Tribe
Betrayed your own
A Paper Genocide

Just a few years ago
We are all united in a common goal
To pave a way to a better life
But our success it brought strife

Casino people
Shameful tribe
Destroyed your own
A Paper Genocide

But maybe someday when they've learned
Then the people will return
Will return!
Will return!
Will return!
We will return!"

My words don't just reflect what has happened at Pechanga but is for all who have gone through the pain of disenrollment in tribe after tribe, most with casinos.

To the moratorium people, no I haven't forgotten about you and if some words come to me, I will write something about your situation as well.

Anonymous said...

The words are hearfelt and sad for the disenrolled whom have lost and had stolen from them thier indian heritge culture all for the sake of the greedy tribal council and Mark Macarro SHAME ON THEM AND ALL MEMBERS THAT VOTED FOR THEM,AS for THE moratorium People dont worry I havent forgotten you ,we have ancesters from 1710 and have relatives that have stolen land allottments and have worked against Helping enrollment of own family members Because we wanted the land a home not per cap I really dont like being referred to as the moratorium people The above comment seems a lot like we are not standing at same level as the disenrolled the division that put all here at this part of the fight to unite is the very attitude that I have seen from the tribe that stole from all of us Attitude adjustment from all should be required United we stand !

'aamokat said...

Sigh, I can't win as my words for my song are about the disenrolled so I wanted people stuck in the moratorium to know that they are in my heart as well so my heart is in the right place as we are all in the same boat of being oppressed by people in power in the tribe.

So yes, I am standing with my brothers and sisters stuck in the moratorium and we are all equal in that regard, no question about it.

The line in my song that says "just a few years ago we were all united in a common goal" refers to the prop 5 and 1A campaigns in which all California Indians seemed to be aboard, tribal members and others not enrolled, as we bought the line that all of us would benefit from gaming.

This was especially true in the tribe as we worked side by side with all tribal members, even those who ended up turning on us, to pass those measures.

But accross the state in turned out that only about 10 percent of Cal. Indians ending up benefitting from gaming.

Yes I know I did benefit from gaming for a while but those stuck in the moratorium also deserve to benefit as well, but I am proud to say I voted against the moratorium and I was trying to present a petition to end it before I was disenrolled so I know in my heart I tried to end it.

Anonymous said...

THANK YOU