Casinos not good for people or government

Reader View: Jim Marino

  • Published: 3/10/2010 11:06:53 AM
Jim Marino
American Indian casinos bring more than the negative economic effects and social problems of all gambling casinos. They rely upon people who, for the most part, cannot afford to lose their money and many who become addicted to slot machines which provide 85 percent of the casino revenue.

American Indian casinos can operate without complying with almost all state and local laws — laws that were enacted to protect the public from injury and damages and laws that protect the workers in these Indian casinos and businesses.

American Indian casinos and businesses refuse to pay needed taxes even though they place great demands upon public services and infrastructure provided regularly and paid for by non-Indian taxpayers. They cannot be sued for their misconduct no matter how outrageous it is because of an outdated court created “legal immunity doctrine” sometimes called the “sovereign immunity doctrine.”

Most agreements made by local and state governments for the casino tribe to pay some money in lieu of taxes, if one is negotiated at all, are, in most cases, worthless and unenforceable because tribes seldom effectively waive their immunity from suit and refuse to divulge any income and expense information upon which such payments would be based. The vast profits accrued from the losses of gamblers enables tribal governments to unduly influence politicians and corrupt the political system and preserve their unregulated and tax free status. It is not long before nearby non-Indian businesses are forced out of business because they cannot compete with tax free, legally immune and unregulated Indian businesses.

Apparently local politicians do not understand that the BIA and NIGC take the position that NO strings can be attached to any transfers of fee lands into trust by the U.S. Department of Interior and any promises made by an Indian tribe or land owner about what they will or won’t do with the land once it is in trust in order to facilitate a transfer into trust, are not binding at all.

In the words of George Skibine, acting chairman of the NIGC, tribes who promise not to build a casino in the process of transferring land into trust can simply “change their mind” once the land is in trust. Once land is in trust it is not only not taxable, it is beyond the jurisdiction of state and local laws and control for any purpose except the use and sale of alcoholic beverages.

Promises of “no casino” made to eliminate public opposition to transfers of land into trust for gambling casinos are meaningless. Given the vast sums of money to be made from gambling losses in the largely tax-free unregulated Indian gambling casinos world, the public should always assume land put in trust will eventually if not immediately be used for a gambling casino. History has shown that to be the case. Look at the Rohnert Park California example among many others. n

Jim Marino
Goleta, Calif.

Jim Marino is an attorney specializing in American Indian law, often representing communities where casinos have been built or proposed.

 

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sayingitlikeitis from zimbabwe, Washington
3/11/2010 7:55:56 AM

blah, blah, blah, blah. Sounds just about right doesn't it?? Marino, who in the heck do you "think" taught them how to DO business????? Hmmmm, I'm waiting? It was US you fool. Before you listen to a foolish man blabbering his lips just cause he can, all I ask is this before making any rash judgments, "Just think of all the revenue the Tribes pay to local municipalities for fire and police services and not to mention garbage, sewer and water." Oh, and don't forget how much money goes to helping individuals with gambling problems. Now I ask is this, Jim do you really know what the heck you're talking about????? Or, you just talking cause you know how? Dude, do your research BEFORE you open your portal again and try to talk bad about the Indian Tribes. Just my thought on the matter.

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