Nick Reo’s recent post on online posts written in response to the Inland settlement reminded me of a dissertation by Scott G. Sochay, “Newspaper Images of Native Americans: Michigan Newspaper Coverage of Treaties and Compacts Affecting Indians in the Territory and State of Michigan” (1998). The diss. covers the 1819Treaty of Saginaw, the 1836 Treaty of Washington, and the 1993 gaming compacts.
It’s a large document, but you can download it here: Sochay Dissertation
From the Port Huron Times Herald: “Little by little, the odds for a Port Huron casino are beginning to improve. First, there was the important support U.S. Sen. Carl Levin gave the effort earlier this year, a setback to Detroit. Motor City officials have tried to block Port Huron’s bid, a development they view as a threat to Detroit’s three casinos.
“With new support from U.S. Rep. Patrick Kennedy, Port Huron’s casino effort marked another important sign of progress. The Rhode Island Democrat last week became a co-sponsor of H.R. 2176, legislation essential to Port Huron’s gambling facility.
“The bill seeks long-sought federal approval of a 2002 land trade between the state of Michigan and the Upper Peninsula’s Bay Mills Indian Community. The Chippewa band, based at Brimley, agreed to drop its claim to 110 acres of property at Charlotte Beach on the St. Marys River in exchange for the establishment of a new reservation on the property of Port Huron’s Thomas Edison Inn. The reservation would become the site of Port Huron’s Indian-run casino.”Despite his opposition to casino gambling, Gov. John Engler approved the deal. He did so largely because the Point Edward Charity Casino and Sarnia’s Hiawatha slot machines were drawing a substantial number of Americans who crossed the St. Clair River to gamble in Ontario. The Thomas Edison Inn casino would allow Port Huron to compete.”
From Indianz:
Florida threatens suit over Class III procedures |
Florida Attorney General Bill McCollum said he will sue the Interior Department if it issues Class III procedures for the Seminole Tribe. McCollum cited a 5th Circuit Court of Appeals decision that invalidated the Class III secretarial procedures. He said Interior can’t force a state to accept Class III gaming over the state’s objections. “They can put all they want in a letter to the governor, but I don’t think they can act on it,” McCollum told The Miami Herald. Interior says it will authorize the tribe to offer slot machines unless the state can reach a compact by November 15. The tribe and the state say they are near an agreement.
Get the Story:
State to sue feds if Seminole Tribe is given slots (The Miami Herald 11/8)
Lakes has a management contract with the Pokagon Band of Potawatomi Indians and some other tribal properties. It’s report is here.
From the Port Huron Times Herald: “Stupak’s bill is the latest of several attempts to win congressional and presidential approval of the Aug. 23, 2002, land swap approved by then-Gov. John Engler and Bay Mills, a Chippewa band based at Brimley in the eastern Upper Peninsula.“The tribe gave up its long-standing claim to 110 acres of property at Charlotte Beach, a community on the St. Marys River, in exchange for a reservation on the 15-acre Thomas Edison Inn property in Port Huron.”
Details about H.R. 2176 are here.
Bay Mills’ claim against the State of Michigan in regards to Charlotte Beach was dismissed in 2001 by the Michigan Court of Appeals. The opinion is here.
The Washington Court of Appeals recently decided Foxworthy v. Puyallup Tribe of Indians, a dram shop tort claim against a tribal business enterprise. The Court held that the Puyallup tribe hadn’t waived its immunity in state court.
The opinion was out, but is missing online at the moment. When I get a nice, clean pdf I’ll put it up. It is on Westlaw, etc.
The plaintiff’s brief is here: Foxworthy Opening Brief
The tribe’s response is here: Puyallup Response Brief
The plaintiff’s reply is here: Foxworthy Reply Brief
From the Romulus Roman: “It’s possible that the City of Romulus may house two casinos, after all.”Representatives from the Sioux Indians contacted the city recently to restart negotiations that had halted in 2004. The tribe successfully lobbied the city for a ballot issue in 2003 that paved the way for gaming in the city.
“Mayor Alan Lambert said the interest of the tribe could mean that two casinos as opposed to one could be constructed near Detroit Metropolitan Airport.”
***
“In 2005, the Hannahville Indian Tribe signed a deal with the city to open a casino on Vining Road near the airport. State and federal approvals are still pending on that proposal.”
I think they mean “Sault” Indians, not “Sioux” Indians. In any event, the chances of this happening any time soon are paltry at best.
In a case where the Department of Interior issued a FONSI in 2006 and the Governor of New York concurred in the trust acquisition (for gaming purposes) shortly thereafter, Secretary Kempthorne still has not taken action. So, the St. Regis Mohawk tribe sued, alleging that the only reason for the delay is Secretary Kempthorne’s “personal views opposing off-reservation gaming.”
This will be an interesting case to watch.
The decision of the regional NLRB director in the Foxwoods Casino case is here.
One interesting passage from this opinion:
“I find particularly unpersuasive the Employer’s claim, unsupported by record evidence, that “a strike against the Tribal Gaming Enterprise would severely disrupt the Tribe’s continuing ability to provide essential services” to its constituent members. As previously indicated, the Employer has annual gross revenues in excess of $1 billion, and approximately 98% of the Tribe’s revenues are derived from the operation of Foxwoods. Thus, approximately 2 percent of the Tribe’s annual income, at least $20,000,000, is derived from outside sources. The record does not indicate the Tribe’s capital reserves, or the amounts needed to fund any of its essential services. Therefore, even if the Employer were to face a protracted strike, there is no evidence that it would have insufficient revenues and/or capital to provide the Tribe’s 900 members with any essential public service.
But what about tribal casinos that don’t make that kind of money or have larger memberships? Hmmm….
As referenced in a prior post about the Wisconsin Legislature’s ploy to balance its budget with the theoretical proceeds of a successful lawsuit against the Ho-Chunk Nation, here is the March 9, 2007 order in the case granting partial summary judgment to the Nation: March 9, 2007 Order
Don’t think Wisconsin’s suit is a guaranteed win….
Turtle Talk 
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