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.
*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.
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