By Doug Porter
The following analysis of Proposition 48 represents my opinion. The SD Free Press editorial board may or may not agree with me. For all our articles on the upcoming election, check out our 2014 Progressive Voter’s Guide.
It’s funny how people who normally couldn’t be bothered to pick up a gum wrapper off the sidewalk will become environmental activists when it suits their economic interests. In this instance we have “environmental concerns” being voiced by groups who are themselves exempt from the laws.
With Prop 48 we also have people who have worked hard to give the gambling industry a better image funding ads telling people to be afraid about casinos built in their neighborhood.
California, land of opportunity, where there’s a sucker born every minute.
Prop 48 – Indian Gaming Compacts. Referendum.–
Supporters: Yes on Prop. 48. Voters for Central Valley Jobs & Environment – A Coalition Tribes, Labor Orgs, Busns & Environ Grps Yes on Proposition 48
Opponents: No on Prop. 48 – Keep Vegas Style Casinos Out of Neighborhoods – A Project of Stand Up for California, Stand Up for California, Stop Reservation Shopping
Ballotpedia Guide: The details, in plain English
You Might Not Know: Prop 48 is a “veto referendum.” It aims to overturn Assembly Bill 277, a bill approved by the legislature giving the North Fork Rancheria of Mono Indians and the Wiyot Tribe permission to build a casino on lands away from their designated reservation.
A Yes vote upholds the legislature’s decision. A No vote overturns the deal.
Artist rendering of proposed casino
My Analysis: In addition to potentially opening the door for other off-reservation casinos in the future, AB 277 exempts construction of this project from the California Environmental Quality Act. (Native lands are generally exempt.) Gov. Brown and a majority in both houses of the legislature support the Yes vote. The Democratic party (there are exceptions, like U.S. Senator Dianne Feinstein) and much of organized labor stands behind the Yes vote.
The opposition includes all the Bee Newspapers, the San Francisco Chronicle and the San Diego Union. The Republican party is not actively involved in this issue.
The tribes in question are situated way off the beaten path and would have virtually no chance of building a casino on currently designated tribal lands. The shuttered La Posta casino near Boulevard in east San Diego County gives testament to the fact that people will only drive so far to gamble.
So the North Fork Rancheria of Mono Indians and the Wiyot tribe struck a deal with Gov. Jerry Brown to build a 2,000-slot machine casino on newly acquired land near Madera, about 38 miles away from its reservation in the Sierra foothills.
What Proposition 48 comes down to is an effort by the tribes that already have casinos (currently grossing $7 billion annually) to stop tribes that don’t from competing with them.
The “Haves” built a nearly $7 million war-chest to keep the “Have-Nots” (with $400,000 in the bank) in their place.
There are lots of arguments being made about casinos popping up in people’s neighborhoods, as if we still lived back in the days when they were considered dens of immorality. Frankly I don’t care where casinos get built as long as they conform with existing community plans and the owners are willing to assist in funding the infrastructure needed to support them. That’s why we have the zoning laws and permitting agencies in local government are important. (Unless they get neutered with “Common Sense” reforms by developers and their Tea Party friends.)
Opening up the casino business to Native American tribes has served to open up opportunities for people who have been marginalized and left with scant resources to support themselves.
Having said that, the five dozen casinos around the state, plus the 90 or so card rooms may be teaching a saturation point. Maybe it’s just me, but I find the even the swanky Vegas operations to be fundamentally depressing. I think their time may be over.
I don’t, however, think the State or a bunch of neo-puritans has any business being involved. It’s “ta-da,” a decision that should be left to the “market”. If people are thrilled by watching old folks drag their oxygen tanks through crowded, noisy rooms, good for them.
I say built the damned casino. But you won’t have any of my business.
Doug Porter
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Good analysis. Love the closing line
Will all future off reservation casinos be exempted from California Environmental Quality Act review if Prop 48 passes? That is a significant question. Environmental review addresses issues like water access and usage, sewage treatment, road capacities, etc.
If they are built on “native lands,” meaning the tribe bought property and got it ok’d by the feds, the answer is yes.
I’m voting no. Nothing in this argument, nor the organizations for the measure convince me it’s good law. If the tribes have the money to buy land off the registration their casinos shouldn’t escape local land use regulation. Casinos offer food, music and booze, as well as slots and tables, so we’re setting up a money-making advantage for a certain class when we approve this proposition.
If we’re talking reparations for the taking of lives and theft of homeland suffered by the original Americans there are better ways than to give up local controls protecting the environment and regulating land use.
Great analysis, Doug – save one assertion/opinion on your part: “as long as they conform with existing community plans.” Why are tribes obligated to do this, now? Once land is taken into trust status by DOI on behalf of tribes – they do their own planning, permitting, etc. That’s kinda the whole point. And to say tribal lands are “exempt” from CEQA is a little misleading. Once land is in tribal trust status, it falls entirely under federal and tribal jurisdiction (with the exception of P.L. 280 states, as with CA, where the state has some jurisdiction over criminal matters on reservations). Much as with federal properties – tribal lands are not “exempt” from CEQA – rather, those acres are subject to a different regulatory structure. In both cases – NEPA. NEPA review must take place as part of the “fee to trust” process – as well as with casino development (with the National Indian Gaming commission serving as lead agency). Reservations are also subject to regulation under most environmental laws (CAA, CWA, ESA, etc.) unless or until the tribe establishes their regulations that are at least as stringent as the federal laws – and on any projects where federal funds are involved.
This whole notion of “local control” over reservation planning and development needs to go away. It doesn’t exist (legally speaking)!!
Thank you Doug Porter for your analysis of Proposition 48. I found it similar to my opinion as well. As an individual who has been following this particular Gaming situation prior to the upcoming election, it’s not only, “Haves” vs. “Have-Nots”, but more of the nature of the oppressor limiting access to an oppressed people, “who have been marginalized and left with scant resources.”
Opponents and their funders could have easily provided half of that $7 million to education, scholarships or housing to many marginalized Native American’s or other minorities. Instead, “effort by the tribes that already have casinos (currently grossing $7 billion annually),” and their Tea Party friend, are aiming to overturn Assembly Bill 277.
As a voter and a Native American that understands both the political dynamics in play, and the historical relationship of American Indians and politics. I must say, I am pleased, to know that if I create a successful business on the reservation, or on lands that once belonged to our people, and I have Wall Street hedge funds backers. I can be assured my friends will support me out of the kindness of their heart, and help me regulate my competition, so that other historically oppressed people can continue a cycle of poverty for the next generation of Native Americans.
As to Ana Daniels comments, I find that Doug Porter response is correct, but keep in mind that most Native American Tribes, can’t afford to purchase or go through the federal process to re-acquire homelands that once belonged to Native American people. There is a possibility, but keep in mind that Tribes have internal conflicts and lack of knowledge to fully grasp the extent Sovereignty holds.
The North Fork Rancheria of Mono Indians and the Wiyot Tribe are one of two tribes, I am currently aware of, that have acquired their homeland in California through the federal process. Native Americans have unrecognized Tribes, who are still seeking federal recognition, so keep in mind the legislation is very unique as to which Tribes navigate the process.
Proposition 48 is truly just another way to let the historically known oppressor to regulate the abilities all Tribes have the right to do; use our Sovereignty as it is best suited for our economic development. As Doug Porter said, “I don’t, however think the State or a bunch of neo-puritans has any business being involved.”
” If people are thrilled by watching old folks drag their oxygen tanks through crowded, noisy rooms, good for them.” And gambling their social security checks away while coughing and choking on cigarette smoke. Gambling should not be encouraged whether it’s Native Americans profiting or Sheldon Adelson. In my opinion it’s just plain immoral and unethical to be in the business of taking money away from poor and ignorant people for whatever reason. It’s about time that people stop to consider the morality and ethics of what business they’re in whether it’s the military-industrial complex, the oil, gas and fracking industry or Wall Street. This had nothing to do with religion by the way.
Well alrighty then. I will probably vote no on this due the exemptions from the CEQA. That being said, shouldn’t people be able to make their own decision whether or not they want to partake in gambling? I go to Vegas now and then for music festivals and yeah play a few slots while there. Does that make me immoral? Slap my wrist if it does. Not everyone who goes to these casinos are elderly people gambling their SS away or poor people tying to win money to pay rent. Then again, I work for the military industrial complex so what do I know?
From a savvy writer like you, Goatskull, I’d like to know what the military industrial complex pays as its minimum wage. The median or average wage paid civilians, paid enlisted, and paid the officer class. It would be interesting to see if the gap between lower and upper is as great as the rest of the country’s, too.
Also, back a decade or so ago, the lefty press did a few investigations into fundamentalist Christian efforts to flood the ranks of the officer class with true believers, so I’d love to hear a good personal account of how those efforts have progressed, or failed.
Well the pay scales for active enlisted/officer and civilian employees are available with a quick Google search. Additionally so are bonuses, entitlements, allowances (like BAH…Basic Allowance for Housing) and any other kinds of special pays for active (outside of their normal salary).
As to fundamentalist Christian efforts to flood the officer ranks this is the first I ever heard of that. Not saying it didn’t happen but I never noticed and I retired in 2006. Sure there were fundamentalist/evangelicals both enlisted AND officers and there were Catholics, Episcopals, Jewish, Muslim, Atheists, Agnostics, not sures, didn’t cares. Even knew a couple Wiccas. If there really was such an effort I venture to guess it failed. On the political spectrum there was everything from die hard right wing conservatives to progressive liberals and anything in between. I myself spent a lot of my off duty time volunteering with the Surfrider Foundation and to a lesser degree The Sierra Club starting from the late 90’s up to the point I retired in 2006. I started this at the encouragement of my department head at the time.
Here you go: link to military pay tables
link to federal jobs salary base
I think people should think twice about condoning certain activities that are legal, but are not conducive to the betterment of society. I realize this is outside the purview of those who think, if it’s legal, it’s OK.
I’ve seen old folks gambling their social security checks away in Vegas amidst a profusion of cigarette smoke. It was a very depressing sight.
So should the owners of Hodad’s make the conscientious choice to cease operations (or change to another kind of cuisine) due to America’s obesity epidemic. Should Ballast Point stop brewing beer because of alcoholism? I grant you that the people who own and run the casinos probably don’t give two shits whether or not their customers go broke from gambling away their whole check, but does that mean no one else should use these casinos?
I think that people should stop to consider the ethics of what they do for a living and if what they are doing is really serving their fellow man or just taking advantage of their fellow man. There’s such a thing as “right livelihood.” I would have to say that owning and operating a gambling casino is unethical. I’m sure not that many would agree with me, but that’s OK.
As far as selling hamburgers and beer, not so much. But at least it should be on a person’s radar which it’s not to any great extent today. As far as being a customer of one of these joints, that’s for each individual to decide how they want to waste their money and/or consume stuff that’s not good for them.
CA, like the rest of the US, has an interesting history of gambling. It was actually fairly progressive/egalitarian, at least,- before CA joined the Union.
Acc to one report: (http://www.library.ca.gov/crb/97/03/chapt2.html)
“The apex of California gambling was from 1849 to 1855. Gambling became widespread throughout the state whether it was in Mexican towns like Monterey, mountain towns like Mariposa, or growing cities such as Sacramento. During this period, gambling tended to be integrated. Patrons included women, blacks, and Chinese. By 1850, both the state and cities were licensing gambling establishments to raise money.”
Today, the siting of these casinos are still complicated choices, and the CEQA exemption is worrisome. I voted, and abstained, on similar bills while serving in office. Often, the tribal leaders were immediately outside the Speaker’s office area during votes, asking for chances to talk directly to Members sequestered inside the Chamber.
These gaming compacts represent hardball politicking in Sacramento, with much money changing hands before, during and after election cycles. And they most often give to Dems because Dems are the (near-super) majority in both houses, and able to get these measures to the floor.
I also learned more about the so-called “landless tribes” in California, who were unfairly discriminated against by the federal government over the past 140+ years.
In some cases, requests for them to be formally recognized as tribes were simply ignored. The documents identifying their traditional tribal lands were “misplaced” by the Bureau of Indian Affairs and other agencies after being sent to DC.
This pattern has continued into the Jack Abrhamoff era: tribes with better “connections” receive recognition, land, services, preferential laws and other opportunities that smaller, more impoverished and less “visible” (e.g., connected to DC lobbyists) tribes are denied.
My creative proposal: allow landless tribes to operate gaming cars on hi speed rail trains, similar to the activities on river boats on the Mississippi.
While in the Assembly, I made this suggestion to various tribes and colleagues. It never was accepted as feasible- but I still think that”moving casinos” operating along hi speed rail up and down CA would have a few real benefits:
– It would allow “landless tribes” to benefit from gaming without having to purchase land and construct a permanent location.
– It would attract another source of investment to fund infrastructure.
– It would avoid the density and congestion adjacent to casinos that residents in rural areas abhor.
– People could gamble and drink in the relative safety of a train, for hours on end, while enjoying the sights of our lovely state, thereby taking drunk drivers out of the adjoining streets and highways (at least until they disembark at a station, where hopefully taxis etc are waiting to take them home)
So: if you want impoverished, “landless” tribes to have a chance to overcome centuries of discrimination: vote yes.
If you worry about the “slippery slope” of these casinos being exempted from local control, CEQA etc: vote no.
And perhaps one day, our state’s high speed rail will include a few gaming cars, harkening back to California’s earlier, pre-gold rush years.
I would much rather see Native Americans involved in some kind of activity that had a redeeming social value which gambling does not like reestablishing the buffalo herds. How do they square gambling with all their sacred ancient traditions regarding the land and preserving nature and all that? Gambling is about as far away from anything I’ve ever heard of as far as Native American culture is concerned. It’s all about making a fast buck. How very American.
Perhaps this is poetic justice as they see it? Who says they should only make money in a way that fits in with their traditional culture? Greed is not uniquely American.
Evidently, not.
“How do they square gambling with their sacred ancient traditions…”?. So you want them to be how you view the ideal Indian…cultural, ancient, sacred? Ugh. Fine, but can they please also be modern, advanced, and participate with the current society, please? Direct answer to your question: Gaming has provided Calif. Tribes with the opportunity…their first true opportunity…to be self-sufficient and independent, with gaming revenues going into services on the Reservation. Like housing, education, senior services, infrastructure, tribal government operations, AND cultural preservation. More has been done to preserve their own culture since gaming than has been done in a longtime prior to gaming. I can give you many examples on local Reservations. It has truly helped preserve their culture.