Mythbusters

The myth perpetuated by the casino industry that Indian casinos are inevitable in Massachusetts continues to not hold legal muster.

Supreme Court rules in big land-into-trust case
Tuesday, February 24, 2009
Filed Under: Law | Trust

Tribes that weren't under federal jurisdiction in 1934 cannot follow the land-into-trust process of the Indian Reorganization Act, the U.S. Supreme Court ruled today.

By a 6-3 vote, the justices said the Interior Department can't acquire land for the Narragansett Tribe of Rhode Island because the tribe didn't gain federal recognition until 1983. Justice Clarence Thomas wrote the majority opinion. "Because the record in this case establishes that the Narragansett Tribe was not under federal jurisdiction when the IRA was enacted, the Secretary does not have the authority to take the parcel at issue into trust," Thomas wrote. Three justices dissented from the court's opinion. Justice David Souter agreed with the 1934 issue but said the Narragansetts should be given the opportunity to prove they were under federal jurisdiction at the time, an issue that wasn't argued when the case was accepted. "The very notion of jurisdiction as a distinct statutory condition was ignored in this litigation, and I know of no body of precedent or history of practice giving content to the condition sufficient for gauging the tribe’s chances of satisfying it," Souter wrote in an opinion that was joined by Justice Ruth Bader Ginsburg. Justice John Paul Stevens disagreed with the 1934 issue altogether and said the Narragansetts are an Indian tribe as defined by the IRA. "That tribe has existed as a continuous political entity since the early 17th century," he wrote. Justice Stephen G. Breyer joined the majority opinion and authored a concurrence that said the Narragansetts have no way of proving they were under federal jurisdiction in 1934. "Because I see no realistic possibility that the Narragansett Tribe could prevail on the basis of a theory alternative to the theories argued here, I would not remand this case," he wrote. The decision blocks the Narragansetts from using a 31-acre parcel for a housing project. But it also affects every other tribe that wasn't federally recognized, or under federal jurisdiction, in 1934. Anticipating the outcome, the Narragansetts have sought support for a legislative fix to address the 1934 issue. But tribal leaders expect major opposition from the state's politicians and Congressional delegation. The National Congress of American Indians discussed the case earlier this year as tribal leaders gathered in Washington, D.C., for the inauguration of President Barack Obama. However, the "Carcieri fix" was left off the final list of priorities for the 111th Congress. The list of tribes who are affected by the 1934 issue runs in the dozens and includes some of the more financially successful in Indian Country. Many of them, however, may be able to overcome the date limitation by proving they were under federal jurisdiction at the time. The Department of Justice, in another land-into-trust case that was rejected by the high court last month, said Interior will have to take a look at treaties, statutes, executive orders and other sources of law to answer the federal jurisdiction issue. It's not clear how this process might be developed. And the decision doesn't appear to affect post-1934 tribes whose land is already in trust, as only Congress can take land out of trust. It would appear only to affect future acquisitions.

"You're Fired!"

Just when you think the bizarre world of casino owners, investors and politicians can't get any stranger (or corrupt) along comes the Donald who just fired himself.

My favorite little factoid in the article:

The Tropicana Casino and Resort has been run by a state-appointed trustee for 14 months after its former owners were stripped of their casino license. It is due to be sold soon at a bankruptcy auction, but creditors may try to block such a sale, fearing it wouldn't fetch enough of a price to pay them back much.

Need I tell you - part deux "Philly Mobsters"

We have Marshall and Troha on the corruption stage along with Anthony Nicodemo the reputed Philly mobster with the Middleborough, Mohegan Sun and Borgata/Atlantic City casino operations respectively.

However, 2009 has ushered in a new era in Massachusetts. The Governor's Task Force on Ethics has returned it's recommendations. It is great to see this step at the beginning of the second half of the Patrick Administration's tenure. We have come a long way since the ridiculous drapes and Caddy controversy, through the quagmire of the three -casino proposal, to ethics reform. Well done.

I am even hopeful that there will be a rake dragged through the prolific (aka bloated) number of six figure incomes of "public servants" in the Commonwealth, as we get hit with cuts to local aid....nah.

Maybe Congress (you know that batch of multi-millionaires - with the exception of a few, who enjoy lucrative benefits, pensions and outside contracts) will really work for the American people as recently stated,

"The most immediate task for the new Congress will be helping struggling families hurt by the ailing economy,"

by Congressman Olver (D-Amherst) and forego the 2.8% pay hike they granted themselves during this recession that is hammering working people....wanna bet?

Mass Audobon Society rejects mega-casinos

Our son attended Laughing Brook Nature pre-school at the site of the Hampden Audobon Society's education center. Those were wonderful years with the children learning skills through exploring their natural environment. Chris Eaton was his talented teacher. Shortly after our son moved on to elementary school the facility burned to the ground. Only recently have the trails been fully re-opened. I look forward to taking a hike through the back woods in the near future. Therefore, it was with interest that I read the article below and once again admired the voice of truth and commitment to sustainability of the planet and the human race by the members and founders of the Massachusetts Audobon Society.

Mass. Audubon Society cites environmental impact of Middleboro casino
By Alice C. Elwell
ENTERPRISE CORRESPONDENT

MIDDLEBORO — The latest blow to the proposed Mashpee Wampanoag casino comes from a group of prominent environmentalists who contend the billion-dollar gaming house is not the “native way.”

The winter issue of Sanctuary Magazine, a quarterly journal of the Massachusetts Audubon Society, has taken a stance against the proposed Middleboro casino because of the effect on the environment, quoting a Native American spiritual leader’s comments from a Bureau of Indian Affairs hearing last year in Middleboro.

Faries Gray, also known as Dreaming Bear, spiritual leader of the Massachuseuk Indians, is quoted in the article Native Footprint as saying at a March 2008 hearing at Middleboro High School, “I don’t understand how the Mashpee can make sense of what they are attempting to do. They say that they care about the land; they have been good stewards of the land. But they are going to destroy the land ... That is not the native way. That is the way of the settlers ... ”

Kathleen S. Anderson, an honorary director of the Massachusetts Audubon Society, echoed that sentiment when contacted by The Enterprise.

“Destroying the land that feeds us for the sake of enriching a few people is not the native way,” said Anderson,

who is also chairman of the Massachusetts Fisheries and Wildlife Board’s Natural Heritage and Endangered Species Advisory Committee, and active member of the Wildlands Trust of Southeastern Massachusetts.

Anderson said the current issue of Sanctuary presents a “pretty fair analysis” of the impact of a casino. “I am very sympathetic to the Native American people, the way they were treated and are still being treated, particularly in the west … they’re not being treated fairly.”

But she says the lure of casino money is entirely contrary to Native American beliefs.

“If a casino comes to Middleboro… It will destroy Middleboro,” Anderson said.
Gayle Andrews, spokesperson for the Mashpee, could not be reached for comment.

“It’s not the Native American way to destroy the environment." She said Native American philosophers believe a person should look to the seventh generation for the effects of everything they do.

Heidi Ricci, senior policy analyst for the Audubon Society, said her organization has not taken a stance against gambling, but against the environmental effects of a mega-casino located in a rural area.

“It is a very environmentally sensitive site,” Ricci said of the 539 acres proposed for a casino. Ricci said if the land is taken into a trust for the tribe, it will be exempt from state and federal environmental law.

She said the impact to water, habitat and the transportation system in a remote rural area without infrastructure could be disastrous and far reaching.

And the effects won’t be limited to Middleboro, she said.

She predicts substantial impact to natural resources and infrastructure in surrounding communities

— the possible filling of wetlands, threats to the Taunton River and its 582-square-mile watershed and irreplaceable ecosystems, air pollution and threats to several aquifers in the region.

“The impacts are far more than local. While the Native Americans negotiated with Middleboro, nothing’s in place to address the impacts to the rest of the region,” Ricci said.

Ricci said the casino’s proximity to the Nemasket River could endanger the herring populations, considered by some to be one of the most abundant in the world.

For Richard Young, president of the statewide coalition Casino Free Mass, the current issue of Sanctuary comes as vindication of his group’s long-held fears, and brings the concerns forward to the environmental community.

He said it feels good to have a major organization like Mass Audubon mirroring his concerns. Ricci said the magazine is not on sale at newsstands, but state legislators will be getting a copy of the issue in the mail. She said anyone interested in obtaining a copy should call the Audubon Society at 781-259-9500.

Many think of birds when it comes to the Audubon Society, but, it’s more than the winged creatures, “Audubon’s mission is to protect the nature of Massachusetts for the benefit of both people and wildlife,” said the organization. “We have a long history of not working just on birds but on all Massachusetts native habitat and wildlife."

American Values

I wrote this little essay over four years ago and decided that I would post it here. If you have some thoughts on these issues please post.

************************************************************************
AMERICAN VALUES

Humans have the power of reflection and projection among other intellectual attributes that separate us from the rest of the animal world. We also have the ability to analyze information in the context of history and probable outcomes. Twentieth century American culture placed a tremendous emphasis on education, invention and experimentation. Yet, the rise of conservatism, which seems to have reached a pinnacle in the United States as evidenced by the last Presidential election, is a political ideology that is ironically contrary to the very culture that produced the greatest changes and accomplishments of the previous century. Rigid policies based on conservatism and the status-quo, that seek to regain a real or imagined lifestyle of a time that is past, not only oppose the incontrovertible drive for human progress but they are beliefs that are deeply rooted in fallacy. America’s greatness has sprung from enormous vision, sacrifice and courage of the immigrants that came before us to explore and expand our culture, science, religious perspectives, and our notions of humanity.

Attempts to control and predict outcomes are a route well traveled by many people and societies. For example, the expansion and contraction of a capitalistic economy is a regular occurrence that is studied and predicted by economists. Religious expansion and retraction is also evidenced and studied throughout modern history in many societies including our own. These events also seem inextricably connected to war. War as an economic event (e.g. Halliburton) is self-evident. Possession of territory, resources and control of governments has always been an underlying if not overt goal in the ascension and marketing of war. Fear is the critical component needed to bring the masses of any society to support war. Religious fervor has been a historically powerful and convenient tool to achieve these means. Nazi Germany reveals most of the lessons that one needs to know to identify the process.

History lessons alone however, cannot counter the current media-based methodologies utilized to paralyze a nation into a state of collective fear, depression and limited consciousness. Media has been an ingredient in the political process since printing was effectively engaged to solicit response from citizenry. Contemporary media accessibility and limited diversity in ownership have combined to create an enormously powerful tool of social influence and control. It is my belief that the greatest challenges to American Democracy at this time, rest in demanding unbiased reporting and information dissemination from media outlets and in re-establishing the fundamental separation of Church and State as guaranteed in the United States Constitution.

Life evolves in a forward direction and despite the enormous collective fear in our society; it is futile to live nostalgically looking backward in time. Challenging, changing and creating are traditional American values. Dictionary sources reveal that the term conservative means traditional, opposing change and liberal means progress oriented and broad-minded. Neither one is in essence a pejorative term, nor a moral mandate.


11/06/04

Need I tell you?

The multitude of sordid stories of corruption and casino gambling seem to only be rivaled by corrupt politicians in our society. But, then again, most of the multitude of sordid stories include the casino operators in cahoots with an unscrupulous politician or vice-versa (emphasis on vice).

Today's revelations in the Herald mirror the stories of corruption with associates of Mohegan Sun in Wisconsin (Dennis Troha et al).

"The former head of the Mashpee Wampanoag Tribe was charged today with making illegal campaign contributions to members of Congress, embezzling funds from his tribe, filing false tax returns and fraudulently receiving Social Security disability benefits all in connection to efforts to win official U.S. recognition of tribal status."

Our anti-casino friend Dan Kennedy writes on his blog, "All this at a moment when the casino industry is falling apart — making it unlikely, Matt Viser reports in the Boston Globe, that Gov. Deval Patrick will revive his three-casino proposal any time soon.

Given the charges against Marshall, it looks like everything is up in the air — not just the proposed Middleborough casino, but whether the Mashpee are even a legal tribe with the right to build such a monstrosity."

Are the Mashpee even a legal tribe? Hmmm.

The next Legislative session begins in January 2009. We will have an outstanding opportunity to see which legislators continue to support the egregious plans to bring casinos to the Commonwealth and which have learned that the glitter ain't gold. I am hoping that the Administration has had it's "come to (deity of choice) moment" and rejects
the slippery slope of casinos.

We have some hard work to do in the months and years ahead to restore our nation's standing in the world. We have some hard work to do in the months and years ahead to support ourselves, our families, community and our region. As my neighbor Stella Gallant used to say when we were kids (I'm one of six), "life is hard and the only way through is through".

Election Hiatus

Been busy working to elect a new state rep. in our district.
http://www.votebrianashe.com/
Governor Patrick came to the wee little town of Hampden MA to endorse Brian Ashe. The Governor was gracious and elegant in his presentation and presence.

I'll be back after elections and recovery from the craze.
-K