Native American gaming
Native American gaming comprises
History
In the early 1970s, Russell and Helen Bryan, a married
Under the leadership of Howard Tommie, the
Controversy arose when Natives began putting private casinos, bingo rooms, and lotteries on reservation lands and began setting gaming prizes which were above the maximum legal limit of the state. The Natives argued for sovereignty over their reservations to make them immune from state laws such as Public Law 280, which granted states to have criminal jurisdiction over Native reservations.[7] States were afraid that Natives would have a significant competitive advantage over other gambling establishments in the state which was regulated, which would thus generate a vast amount of income for tribes.
In the late 1970s and continuing into the next decade, the delicate question concerning the legality of tribal gaming and immunity from state law hovered over the Supreme Court.
A Supreme Court ruling issued on July 9, 2020, which expanded tribal jurisdiction for the Muscogee (Creek) Nation in Oklahoma also opened the possibility for Native Americans to have more power to regulate casino gambling.[9]
Cabazon Band, 1980
In the early 1960s, the
Indian Gaming Regulatory Act
In 1988, Congress passed the Indian Gaming Regulatory Act (IGRA) (signed by President
Class III Native gaming became a large issue for the states and federal government, because of these court cases, as Congress debated over a bill for Native gaming called the Indian Gaming Regulatory Act.
Currently, all attempts to challenge the Indian Gaming Regulatory Act on constitutional grounds have failed.
After President Reagan signed the IGRA, Native gaming revenue skyrocketed from $100 million in 1988 to $16.7 billion in 2006.[13] Following the IGRA, the National Indian Gaming Commission was created as a federal agency in 1988 to regulate high-stakes Native gaming.
The Commission consists of three members: a chairman who is appointed by the US president with the consent of the Senate, and two associate members appointed by the Secretary of the Interior.[14] Each member serves a three-year term and must pass a detailed background check by the US Attorney General.
The NIGC withholds certain powers over Class II and Class III gaming. These include budget approval, civil fines, fees, subpoenas, and permanent orders. The NIGC monitors Class II gaming on Native lands on a continuing basis through inspection, investigation, access to records, and contracts.[15] As for Class III gaming, all contracts must be approved by the chairman of the NIGC. 200 of the 562 federally recognized tribes created Class III gaming of large casinos and high jackpots.[12]
This rise of gaming not only brought great revenue but also corruption. In January 2006, a court case involving lobbyists convicted of felonies such as conspiracy, fraud, and tax evasion. This was known as the Jack Abramoff Indian lobbying scandal. These lobbyists, Jack Abramoff, Ralph Reed, Grover Norquist, and Michael Scanlon, bribed members of Congress when lobbying for Native casinos, then overcharged their Native clients; this generated around $90 million in fees from the Natives.[16]
2006 legislation
In 2006, Congress introduced legislation to protect their own casino interests from those tribes that are outside reservations.[citation needed] Further, the Bureau of Indian Affairs (BIA) has faced increasing pressure to tighten regulatory policy and oversight of casino approvals. In particular, the BIA has been instructed by Congress to implement new procedures after two decades of IGRA's existence. These procedures would allow local communities to have more influence in the siting of casinos in their community and would make the process of casino approval more transparent. To many tribes, however, the proposed regulations will further encroach on tribal sovereignty.
Pacific Northwest gambling
This section is written like a personal reflection, personal essay, or argumentative essay that states a Wikipedia editor's personal feelings or presents an original argument about a topic. (March 2024) |
Indian gaming became the focus for many tribes in efforts to retrieve their sovereignty and economic independence.[17] Native American tribes went through vast political, economic, and social change after the Indian Gaming Regulatory Act of 1988. Non-Native Americans instituted their politics and forced Native Americans onto small reservations. Casino and bingo halls have provided funding for housing, medical, social services, education, and many other resources for the Native American tribes.[18] Funds derived from gambling have advanced Native Americans. However, Native Americans have compromised their wants because of a set of provisions forced on the Native Americans by the federal government. The first provision enforced was that the state has to approve the form of gaming that is conducted. The second provision was the state and reservations had to agree on where to build each casino. The third provision required the tribe to develop gaming ordinances to be approved by the chairman of the National Indian Gaming Commission.[19]
The Puyallup Tribe's casino advanced tribal agency majorly. The Emerald Queen Casino earnings enabled the tribe to preserve their culture.[20]
Gambling has both positive and negative effects on Native Americans. Indian gaming weakens Indian sovereignty and breaks down tribal cultures and traditional values and has increased domestic abuse.[21]
Indian gaming provides job opportunity for thousands of Native and non-Native Americans. The casino and bingo hall generates billions of dollars in revenue that helps Native American sovereignty.[22]
Regulatory schemes
Statistics provided by the National Indian Gaming Commission (NIGC), indicate that there are 460 Native gaming establishments in the US.[23] These casinos are operated by 240 federally recognized tribes and offer Class I, Class II and Class III gaming. Gaming is divided into 3 classes with a different regulatory scheme for each:
Class I
Class I gaming is defined as (1) traditional Indian gaming, which may be part of tribal ceremonies and celebrations, and (2) social gaming for minimal prizes. Regulatory authority over class I gaming is vested exclusively in tribal governments and is not subject to IGRA's requirements.
Class II
Class II gaming is defined as the game of chance commonly known as bingo (whether or not electronic, computer, or other technological aids are used in connection therewith) and, if played in the same location as the bingo, pull tabs, punch board, tip jars, instant bingo, and other games similar to bingo. Class II gaming also includes non-banked card games, that is, games that are played exclusively against other players rather than against the house or a player acting as a bank. The Act specifically excludes slot machines or electronic facsimiles of any game of chance from the definition of class II games.
Tribes retain their authority to conduct, license, and regulate class II gaming so long as the state in which the Tribe is located permits such gaming for any purpose, and the Tribal government adopts a gaming ordinance approved by the National Indian Gaming Commission (NIGC). Tribal governments are responsible for regulating class II gaming with Commission oversight. Only Hawaii and Utah continue to prohibit all types of gaming.
Class III
The definition of class III gaming is broad. It includes all forms of gaming that are neither class I nor II. Games commonly played at casinos, such as slot machines, blackjack, craps, and roulette, clearly fall in the class III category, as well as wagering games and electronic facsimiles of any game of chance. Generally, class III is often referred to as casino-style gaming. As a compromise, the Act restricts Tribal authority to conduct class III gaming.
Before a Tribe may lawfully conduct class III gaming, the following conditions must be met:
- The Particular form of class III gaming that the Tribe wants to conduct must be permitted in the state in which the tribe is located.
- The Tribe and the state must have negotiated a compact that has been approved by the Secretary of the Interior, or the Secretary must have approved regulatory procedures.
- The Tribe must have adopted a Tribal gaming ordinance that has been approved by the chairman of the commission.
The regulatory scheme for class III gaming is more complex than a casual reading of the statute might suggest. Although Congress clearly intended regulatory issues to be addressed in
The revenue generated in these establishments was close to $27.1 billion in 2011 up from $12.8 billion in 2001. The regions with largest revenues in 2011 were Sacramento ($6.9 billion) and Washington State ($6.7 billion).[24] The Native American gaming industry has been described as "recession-resistant", although tribes in many states (including Arizona, California, Connecticut and New Mexico) saw revenues fall at a similar rate to commercial casinos during the Great Recession of 2007–2009.[25]
Tribal casinos in the eastern US generated roughly $3.8 billion in FY02. Those in the Central US recorded gross revenues of approximately $5.9 billion, while those in the Western US generated nearly $4.8 billion. Most of the revenues generated in the Native gaming are from casinos located in or near large metropolitan areas. Currently, 12% of Native gaming establishments generate 65% of Native gaming revenues. Native gaming operations located in the populous areas of the West Coast (primarily California) represent the fastest growing sector of the Native gaming industry. As suggested by the above figures, the vast majority of tribal casinos are much less financially successful, particularly those in the Midwest and Great Plains. Many tribes see this limited financial success as being tempered by decreases in reservation unemployment and poverty rates, although socioeconomic deficits remain.
As of 2008 there are 562 federally recognized tribes in the United States, many of which have chosen not to enter the gambling industry.
By state
California
The largest casino in the state of
Oklahoma
Native gaming revenues in Oklahoma rose to $3.23 billion in 2010, representing 44 percent of all U.S. casinos. Oklahoma surpassed Connecticut as second in the United States for gaming revenue, according to Alan Meister, an economist with Nathan Associates Inc.[31]
Oklahoma has 113 tribal casinos, more than any other state in the U.S.
Connecticut
The
The Mohegan Sun Resort & Casino is also located in Connecticut, and is owned and operated by the Mohegan Tribe. The Mohegan Tribe approached the Mashantucket Pequots in the early 1990s for permission to pursue gaming. Although doing so would relinquish their gaming monopoly in Connecticut, the Mashantuckets granted the Mohegans their request, who then opened Mohegan Sun in 1996. This enterprise is 580,000 square feet (54,000 m2) and consists of 6,500 slot machines and 180 table games.[38] It is the second largest casino in the United States, located 7 miles away from Foxwoods in Uncasville, Connecticut. Since opening in 1996, the state of Connecticut has received more than $3 billion in slot revenue from Mohegan Sun alone.
The success of both casinos is due in no small part to their location roughly halfway between New York City and Boston.[38]
The economic recession that began in 2007 took a heavy toll of receipts, and by 2012 both Foxwoods in Connecticut and its nearby rival the Mohegan Sun were deeply in debt.[39] The New York Times Magazine said "Foxwoods is fighting for its life", with debts of $2.3 billion.[40] In August 2012, the tribe owning the Foxwoods Casino restructured over a billion dollars in debt in an attempt to remain profitable.[41]
Idaho
The Coeur d’Alene Casino is located in
The Shoshone-Bannock Tribe also operates a slots-only casino in Fort Hall, Idaho, located just outside Pocatello, Idaho.
New York
In March 1994 the Mohawk people created a joint venture with Alpha Hospitality to develop and operate a gaming facility on tribal lands.[45][46] In January 1996 they entered into a memorandum with Robert A. Berman's Catskill Development, L.L.C. regarding the development and management of a casino adjacent to the Monticello Raceway. The project received approval from the National Indian Gaming Commission.[47][48]
In 1999, however, the
Indiana
The state of Indiana's first tribal casino was opened on 16 January 2017. The 175,000-square-foot
Minnesota
The biggest casino in Minnesota is
The Treasure Island Resort & Casino is a tribal gaming facility owned and operated by the
South Dakota
Tribal gaming in South Dakota is regulated through tribal-state compacts negotiated with individual tribes, with the oversight of the South Dakota Commission on Gambling. Casino games in Class II and Class III are permitted.
Wyoming
The development of Indian gaming in
In 2005, a pivotal court decision favored the Northern Arapaho Tribe, granting them the right to offer comprehensive casino-style Class III gambling on their lands. This ruling was a consequence of Wyoming's actions, which ultimately led to the state forfeiting any claim to revenue sharing from Class III gaming income generated by the tribe.
Following this judicial outcome, in May 2006, Wyoming Governor Dave Freudenthal and the Eastern Shoshone Tribe entered into the state’s first Class III gaming compact. This agreement, negotiated in April 2006, was made possible after the 10th Circuit Court of Appeals affirmed that all types of Class III gaming were accessible to tribes within the state. Both the Northern Arapaho Tribe and the Eastern Shoshone Tribe have since operated casinos near their shared Wind River Indian Reservation.[57][56][58]
In Wyoming, while there are no commercial casinos, tribal gaming is conducted by the Eastern Shoshone and the Northern Arapaho Tribes with casinos located on the Wind River Indian Reservation in Fremont County near Lander and Riverton. The Eastern Shoshone Tribe operates under a state compact, while the Northern Arapaho Tribe's gaming activities are authorized by the National Indian Gaming Commission (NIGC). When interacting with these tribes for business purposes, it is crucial to adhere to each tribe’s specific policies and procedures, as well as any additional tribal laws or regulations.[57][56][58]
Florida
The Seminole Hard Rock Hotel & Casino, also known as "The Guitar Hotel", is a hotel and
Impact on Native American economics
Native American gaming has, in some instances, changed the face of tribal economies, but it has also proven to be very ineffective in other situations. Although tribal victories over the governmental and cultural oppression in the 1950s yielded a dynamic transformation, economic success fell short in comparison.[59] Unemployment was down and personal income had increased, but only a handful of tribes had made economic changes. Their strides were spotty and fluctuated greatly from each Native reservation. This was happening because, for most tribes, their lands were not economically productive, infrastructure was poor, and they were far away from prospering markets of large populations. In order to address the issue of poverty, Native tribes were required to fuel some type of economic development. Natives sold some of their tribal land to prospecting non-Natives in order to stimulate economic growth, but tribal gaming has proved to be the single largest source of income in the Native community. However, the United States government intervened in tribal affairs throughout the rise of Native gaming.
Many tribal governments have seen substantial improvements in their ability to provide public services to their members, such as building schools, improving infrastructure, and shoring up the loss of native traditions. Tribal gaming operations have not been without controversy, however. A small number of tribes have been able to distribute large per-capita payments, generating considerable public attention. Additionally, the national expansion of Native gaming has led to a practice critics call reservation shopping.[60] This term describes tribes that, with the backing of casino investors, attempt to locate a casino off their reservation, usually near a large urban center. However, although authorized by the Indian Gaming Regulatory Act, only three "off-reservation" casinos have been built to date.
In popular culture
- The plot of the 1999 Family Guy episode "The Son Also Draws" features a Native American casino.
- "Red Man's Greed", a 2003 episode of South Park, focuses on a Native American tribe's scheme to buy and demolish the entire town of South Park in order to construct a highway directly to their casino.
- The 2016 novel The Whistler by John Grisham centers on the moral and legal problems involved in Native American gaming.
See also
- Carcieri v. Salazar
- List of casinos in the United States
- Native American civil rights
- Tribal sovereignty in the United States
References
Citations
- ^ Gaming Tribe Report (Report). National Indian Gaming Commission. July 6, 2011. Archived from the original on February 20, 2013. Retrieved 2013-02-18.
- ^ NIGC Tribal Gaming Revenues (PDF) (Report). National Indian Gaming Commission. 2011. Archived from the original (PDF) on 2012-10-10. Retrieved 2013-02-18.
- ^ a b Kevin K. Washburn, "The Legacy of Bryan v. Itasca County: How an Erroneous $147 County Tax Notice Helped Bring Tribes $200 Billion in Indian Gaming Revenue" 92 Minnesota Law Review 919 (2008).
- ^ Anderson, Jack (August 13, 1975). "Nixon invited to visit China". Lewiston Daily Sun. Maine. p. 4.
- ^ Hillinger, Charles (February 13, 1976). "Minnesota Indians' casino tests state gaming law". Spokesman-Review. Spokane, Washington. (Los Angeles Times). p. 16.
- ^ Wilkinson 2005, p. 333.
- ^ a b Wilmer, Frank. "Indian Gaming: Players and Stakes." 1997. Wíčazo Ša Review, 12(1), 89-114. Retrieved November 14, 2008, from JSTOR. (1409164).
- ^ Wilkinson 2005, p. 331.
- ^ Hurley, Lawrence (July 9, 2020). "U.S. Supreme Court deems half of Oklahoma a Native American reservation". Reuters.
- ^ a b Wilkinson 2005, p. 332.
- ^ Wilkinson 2005, p. 335.
- ^ a b Wilkinson 2005, p. 336.
- ^ Wilkinson 2005, pp. 335–336.
- ISBN 0-471-26632-9.
- ISBN 0-471-26632-9.
- ISBN 978-0-932438-29-4
- ^ Mason, Dale W. (2000). Indian Gaming: Tribal Sovereignty and American Politics. Norman: University of Oklahoma Press.
- ^ Ruby, Robert H.; Brown, John A.; Collins, Cary C.; Kinkade, Dale; O'Niell, Sean (2010). A Guide to the Indian Tribes of the Pacific Northwest (3rd ed.). Norman: University of Oklahoma Press.
- ^ Treuer, David (2019). The Heartbeat of Wounded Knee. New York: River Head Brooks. pp. 370–73.
- ^ Douglas, Miguel; Miller, Danica (2016). "The Casino Economy: Indian Gaming, Tribal Sovereignty, Economic Independence for the Puyallup Tribe of Indians". University of Washington Press (Seattle).
- ^ Peroff, Nicholas C. (2001). Indian Gaming, Tribal Sovereignty, and American Indian Tribes as Complex Adaptive Systems. American Indian Culture and Research Journal.
- ^ Meister, Alan P.; Rand, Kathryn R. L. (2009). "Indian Gaming and Beyond: Tribal Economic Development and Diversification". South Dakota Law Review: 375–493.
- ^ "NGIC". Archived from the original on 2013-02-20. Retrieved 2012-06-10.
- ^ "Native American Gold Rush". 13 November 2012. Retrieved 2012-11-13.
- ^ Aliese M. McArthur; Thaddieus W. Conner; William A. Taggart (2010). "A Research Note on Indian Gaming in Arizona: Evidence of Recession and Recovery". Indigenous Policy Journal. 21 (1). Retrieved 2015-07-14.
- ^ "Can't drive a block without seeing a Yaamava' billboard? Inside the casino's big bet on music". Los Angeles Times. 2023-11-09. Retrieved 2023-12-30.
- ^ "Pechanga Resort & Casino". Pechanga Resort & Casino. Retrieved 2012-05-04.
- ^ Gedye, Grace. "9 graphics show the state of sports betting and gambling in California". The Desert Sun. Retrieved 2023-12-30.
- ^ "FY 2022 Gross Gaming Revenue REPORT" (PDF). National Indian Gaming Commission.
- ^ Yakowicz, Will. "Nevada Set A Gaming Revenue Record In 2022 With $14.8 Billion". Forbes. Retrieved 2023-12-30.
- ^ "Oklahoma second in nation for tribal gaming - Tulsa World: Government". Tulsa World. 2012-03-06. Retrieved 2015-11-07.
- ^ List of casinos in Oklahoma
- ^ "Calif. tops U.S. in tribal casino revenue". Rgj.com. 2015-04-06. Retrieved 2015-11-07.
- ^ "Oklahoma Casinos and Gaming | TravelOK.com - Oklahoma's Official Travel & Tourism Site". TravelOK.com. Retrieved 2015-11-07.
- ^ "Archived copy" (PDF). Archived from the original (PDF) on 2020-10-03. Retrieved 2019-12-19.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ Waldman, Carl. Atlas of The North American Indian. 3rd ed. New York: Infobase, 2009. Print.
- ^ "Casinos: Native American Tribal Casinos - The Story Of Native American Casinos In Two States". Net Industries. Retrieved 2012-05-04.
- ^ a b Barker, Thomas, and Marjie Britz. Jokers wild: legalized gambling in the twenty-first century. New York: Greenwood Group, 2000. Print.
- ^ Associated Press, "Indian casinos struggle to get out from under debt", January 21, 2012 online
- ^ Michael Sokolove, "Foxwoods is fighting for its life". The New York Times Magazine (2012) Archived 2014-03-25 at the Wayback Machine
- ^ Stephan A. Hoover, "Forcing the Tribe to Bet on the House: The Limited Options and Risks to the Tribe When Indian Gaming Operations Seek Bankruptcy Relief". California Western Law Review 49 (2013): 269–309. Online (PDF).
- ^ "Jackpot for jobs". Spokesman.
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- ^ "Sijohn is new casino CEO for Coeur d'Alene Tribe". Idaho Business Review. 12 September 2016.
- ^ "Empire Resorts". Reference For Business.
- ^ Semple, Kirk (31 January 2005). "Catskill Casino Politics: Game of Delicate Balance". The New York Times.
- ^ Bagli, Charles V. (17 April 2000). "Against All Odds, a Complicated Casino Proposal Advances". The New York Times.
- ^ Peterson, Iver (9 May 2003). "Reluctantly, a Tribe Starts to See Casinos As Being Imperative". The New York Times.
- ^ "Catskill Development v. Park Place Entertainment, 144 F. Supp. 2d 215 (S.D.N.Y. 2001)". Law Justicia.
- ^ "Park Place Entertainment Announces Filing of Sullivan County Casino Application". Gamber’s Corner. Archived from the original on 2016-11-29. Retrieved 2016-11-28.
- ^ "Mohawk Catskills casino plans advance, backers survive a legal gauntlet". Indian Country Today. Archived from the original on 2016-11-29. Retrieved 2016-11-28.
- ^ "Akwesasne Mohawk Casino".
- ^ "Indiana's newest casino — and first tribal casino — is now open in South Bend". www.indystar.com. 16 January 2018. Retrieved 18 January 2018.
- ^ "U.S. sports betting: Here is where all 50 states currently stand on legalizing online sports betting sites". CBS Sports. 17 November 2023. Retrieved 11 December 2023.
- ^ "Tribal gambling and tourism in South Dakota". Rapid City Journal. 29 September 2023. Retrieved 11 December 2023.
- ^ a b c d "Wyoming Tribal Gaming Properties". Casino City. Retrieved 2023-12-11.
- ^ a b c "Tribal Gaming in Wyoming". Gaming Regulation. Retrieved 2023-12-11.
- ^ a b "Wyoming Casinos". 500 Nations. Retrieved 2023-12-11.
- ^ Wilkinson 2005, p. 329.
- ^ "A big casino bet" San Francisco Chronicle (17 May 2006)
Sources
- Wilkinson, Charles F. (2005). Blood Struggle: The Rise of Modern Indian Nations. W. W. Norton & Company. ISBN 978-0-393-05149-0.
Further reading
- Fromson, Brett Duval (2003). Hitting the Jackpot: The Inside Story of the Richest Indian Tribe in History. New York: Atlantic Monthly Press. ISBN 0-87113-904-9.
- Lawlor, Mary (2006). Public Native America: Tribal Self Representations in Casinos, Museums, and Powwows. New Brunswick, N.J.: Rutgers University Press. ISBN 0-8135-3865-3.
- Light, Steven Andrew; Rand, Kathryn R. L. (2005). Indian Gaming and Tribal Sovereignty: The Casino Compromise. Lawrence, Kan: University Press of Kansas. ISBN 0-7006-1406-0.
- Rand, Kathryn R. L.; Light, Steven Andrew (2006). Indian Gaming Law and Policy. Durham, NC: Carolina Academic Press. ISBN 1-59460-046-5.
External links
- National Indian Gaming Commission
- The Indian Gaming Regulatory Act
- Pechanga.net--daily Indian gaming news
- Indianz.com--daily Indian gaming news
- Indian Gaming Magazine / indiangaming.com
- The Economic Impact the Mashantucket Pequot Tribal Nation Operations on Connecticut - PDF file
- Indian Casinos Radio Documentary