Thursday, June 19, 2008

New Crack in Sovereignty Dam: Barona Can't Avoid Taxes

Nice try by Barona, but it didn't work.

It is true that tribes have an interest in their economic self-sufficiency," Judge Kim McLane Wardlaw, Clinton nominee, wrote for the majority. "However, this concern carries minimal weight in the context of a $75 million casino expansion," the court said.
The court said the tribe "invited" commercial activity to the reservation that would otherwise take place off the reservation. So it is non-Indian businesses -- not the tribe -- whose rights are at stake, Wardlaw wrote in the 15-page ruling.
"In these circumstances, we find the state interest in the application of its general sales tax to be greater than the combined federal and tribal interests," the court said.

Read more: HERE

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