Monday, November 4, 2013

Help the Shinnecock Nation - “Vote No” on Nov. 5 Gaming Referendum

The referendum authorizing non-Indian casinos outside New York City, Proposal 1, completely disregards the sovereign interests of the Shinnecock Indian Nation.  If the New York Casino Gambling Amendment is approved on November 5, the Shinnecock Nation’s decision to exercise their rights under the law and engage in gaming will be drastically hindered and possibly thwarted by higher bidders who are likely from out of the state.

New Yorkers should prefer Shinnecock or other New York tribal gaming facilities as opposed to foreigners monopolizing the New York casino industry.  The Shinnecock people are among the first New Yorkers and there are endless benefits that could emerge from a partnership between the Shinnecock, Long Island, and New York to pursue gaming.  Through such a partnership, money will stay in New York for New Yorkers rather than commercial gaming funneling it elsewhere.  The Shinnecock must also comply with the Indian Gaming Regulatory Act (IGRA), which requires that net revenues from Indian gaming be used to address tribal and neighboring communities’ socioeconomic conditions.  By building local relations with the Tribe, the Shinnecock will have every incentive to train and hire personnel locally as well as buy products and services locally, which many other Tribes across the United States have done to benefit neighboring communities.

Randy King, former Chairman of the Shinnecock Indian Nation Board of Trustees, stated before the Senate Standing Committee on Racing, Gaming and Wagering, “[n]ation-state compacts authorizing Class 3 gaming operations run by Indian nations appear to be the most advantageous path for immediate benefits of gaming revenue for both the Shinnecock Nation and New York state … because tribal gaming would not require a constitutional amendment, which would entail a lengthy, two-year-plus process with no guarantees for success of the amendment at the end of the process. The approval process can begin immediately for development of a Native American casino in the region, whereas the steps toward commercial gaming in the area would realistically be several years out from adoption for any proposed constitutional amendment.”

Despite the benefits of tribal gaming over non-Indian Las Vegas-style casinos, Governor Andrew Cuomo brushed aside dialogue with Shinnecock tribal leaders to build a casino on Long Island back on June 6, 2012.  Cuomo stated that it was “unrealistic right now” for the state to engage in talks with the Shinnecock Indian Nation given the impending referendum.   The Nation issued a statement saying that,  “[w]hat is ‘unrealistic’ is that we should have to wait two years for the possibility of the legalization of commercial gaming before a meeting of substance occurs with the governor to discuss Indian gaming, while commercial gaming corporations enjoy free access to present their gaming visions…”

The past year has been extremely difficult for the Shinnecock Nation following Cuomo’s dismissal of initial talks with the Tribe.   In determining the best approach to continue pursuits toward tribal gaming in wake of the referendum, the Shinnecock Nation suffered great hardship including the breakdown of deals with gaming developers, internal strife, and the burning down of the Tribe’s Gaming Authority Office just last week.

The Shinnecock Nation is now picking up the pieces.  Great strides have been made by the Nation’s Governance Committee in leading the effort to draft governing documents for strengthening the tribal government’s accountability as well as developing viable relationships with the outside.  As a result of the Governance Committee’s work, the Nation overwhelming ratified a Tribal Constitution on February 26, 2013 and also passed its own Referendum on November 2 for a Council of Trustees Procedure Code and Legislative Procedure Code.   With internal governance reinforced, tribal members are hopeful that Governor Cuomo will be inclined to listen to the Shinnecock Nation’s leadership when the Tribe again requests to negotiate a gaming compact.

The Shinnecock Nation, the only federally recognized tribe on Long Island, deserves to be treated no differently than the Oneida Nation, Seneca Nation, and the St. Regis Mohawk Tribe who have all signed revenue-sharing deals with Cuomo.  The upstate tribes have been guaranteed an exclusivity zone around each of their casinos as part of the deal to not oppose the referendum.   

This plea to “Vote No” may be too little, too late – a lamentation that many opposition groups to the referendum with little to no funding have expressed about their own efforts to educate voters.  After 32 years of petitioning for federal recognition, which began as a request for the United States to bring suit on behalf on the Shinnecock seeking relief from the stolen Shinnecock Hills in 1978, all that the Shinnecock Nation has pushed for with what resources the Tribe has may be too little, too late.  However, despite the most dismal of circumstances, the Shinnecock Nation will push on. They are a strong-willed people that want the best for their future generations as well as for their neighbors. 

*The views expressed above are those of the author of this blog and are not meant to reflect any official statement of the Shinnecock Indian Nation.