Q: What is the Indian Gaming Regulatory Act (IGRA)?
A: IGRA is a monopoly created for tribal governments as an economic tool. American Indians can open Las Vegas-style casinos on their reservations—or off reservation in some exceptions—to generate revenue for tribal governments. That revenue was then intended to upgrade tribal facilities and upgrade quality of life.
Why hasn't gambling upgraded life on reservations?
IGRA intended the revenue to upgrade the life of tribal families, but it buys legislators, litigators, lobbyists and lands. That creates a snowball. It is not helping. It is making a few corrupt leaders. The American public needs to understand that tribal governments are monarchial in their set up. The chief may appoint his brother as the judge or his uncle as the sheriff. If you are a member of the ruling family you are going to get all the perks, but if you aren't, you better just keep quiet. With enrollment in a tribe, Native Americans renounce most of their constitutional rights. They do not afford due process or secret-ballot voting. Our tribal leaders are elected by gathering in a room and (voters) raising their hand. There is oppression and intimidation in a system like that. I believe everybody has a right to choose their lifestyle, but a tribal government should have zero authority on non-enrolled U.S. citizens. They are really pushing out to govern nonmembers. There is a real effort to push out and govern a settler (not Native American) economy.
When you say IGRA created a monopoly, what do you mean?
IGRA is a congressionally created monopoly. Think of Microsoft and Macintosh: If Microsoft was congressionally created and everything it did was tax free, Mac couldn't compete. The (problem with IGRA) is that it creates and allows tribal government to create off-reservation, tax-exempt monopolies.
What is the cultural perception about Native-American gambling?
If you speak up about it you are a racist. But we are really talking about government decisions not an American-Indian culture issue. The business, economic and legal issues are tearing all sides apart. This is not doing American Indians any good.
How is gambling affecting societies around Indian casinos?
The money in the surrounding area goes into slot machines rather than the disposable income going into local communities. Gambling preys on our weaker nature. That income that was going into restaurants, food and clothing, now it goes into non-taxed tribal government economy.
When you think about it, not too long ago gambling was destination gambling. Families would save money and go gambling. IGRA has franchised gambling across the country.
What type of regulation is there for Native-American gambling?
A lot of this happens very quietly before the local community knows what hit them. Gaming investors and coordinators work with tribal leaders who go to the Department of the Interior and governor's offices. The whole deal is done quietly before a community knows it is coming. The community has 30 days to comment after it is announced, but most families haven't a clue on how to comment.
In the Senate, any legislation that involves Indian tribes goes immediately to the Senate Committee on Indian Affairs. This is an example on how obstructive or limiting that is: a recent homeland security bill was there two solid years and not once was a citizen able to speak in the committee against it. The opportunity for an opposing voice is slim. That committee seldom, if ever, allows an opposing view.
What can CitizenLink readers do?
First, common sense is that if we just have a sense of personhood and treat another person like you'd like to be treated we'd change things. You treat every person as an equal that's where I'm coming from.
There is a problem for the average American citizen though. To oppose any tribal endeavor, it is a problem to separate respect for culture with decision making. When I finally could make that separation, I said, 'These are government decisions that affect me.' When I could stand up, I was immediately called a racist. Those two hurdles, making separation and moving forward in spite of name calling, it is very hard to grow. But the good news is that the movement is growing.
You have said that recent legislation could create more problems with specific people groups in Hawaii. What is that about?
The biggest battle is S. 147, the Akaka bill (Sen. Daniel Akaka, D-Hawaii). The Hawaiians want their own reservation. If that succeeds like in 1944 (with Native Americans), if they pull out ethnic Hawaiians, it sets the stage for every ethnicity to pull away. We are Balkanizing. That is how countries implode. Look at the money. Who can blame them? The Hawaiians want their casinos; we have to turn this around.
Is there other legislation on the table?
Pombo (Sen. Richard Pombo, R-Calif.) is proposing two economic Indian zones in every state—but it is not in bill form yet. That would expand gambling in states that it doesn't exist, which is not a good idea.
Bills by Vitter (Sen. David Vitter, R-La.) and Rogers (Rep. Mike Rogers, R-Mich.) are the same versions in the House and Senate. They're calling for serious reform and more local input. Those are steps in the right direction. They would be a band aid. They are called the 'Common Sense Indian Gambling Reform Act.'
I frankly don't believe IGRA can be reformed unless the reform is dramatic enough to create a level economic playing field.
TAKE ACTION
Let your senators know that you oppose S.147, the Native Hawaiian Government Reorganization Act. Then ask your senators and representative to co-sponsor the Common Sense Indian Gambling Reform Act, which has been introduced in the Senate as S. 1260 and in the House as H.R. 2353. You can find contact information in the CitizenLink Action Center.
