Opinion: Support compact for Gun Lake Tribe

Monday, August 6, 2007  

"Federal law dictates that Indian tribes have the right to operate gaming as a means of economic development in states where such gaming is allowed for any purpose, by any person, organization or entity. The Gun Lake Band is undisputedly a federally recognized tribe and the state of Michigan has undisputedly authorized Class III gaming by both tribal and non-tribal entities.

Class III gaming basically allows for a full-blown casino. The State of Michigan has entered into Class III gaming compacts with 11 of 12 federally recognized tribes (the Gun Lake Band being the 12th). The state has also authorized non-tribal Class III gaming operations (Detroit casinos) under the Michigan Gaming Control and Revenue Act.

So that part is pretty clear. If a state allows anyone to have gaming operations, then it must allow federally recognized tribes to do the same. Now what about the recent Michigan Constitutional Amendment that requires both local and statewide voter approval for new Class III gaming operations? Our Michigan Constitution has no bearing on federally recognized tribes as they are technically sovereign nations. So our constitution would require a vote for a new non-tribal operation, but that is where it ends.

Here are my options as I see them. I could reject a compact and challenge the right of the US Department of Interior to force one. If the State loses that challenge (and I have every reason to believe we would), we end up with an unregulated, untaxed full service casino. If the state somehow wins, we end up with a "bingo slot" casino that is totally unregulated and untaxed. In other words, no compact equals a no win situation for Michigan.

Or - I could support a strict compact that regulates the gaming, guarantees that those under 18 could not purchase tobacco products and prohibits those under 21 from gambling.

Further, the compact requires that taxes (technically called revenue sharing) be paid to both the local and state government."

Get the Story:
Michigan State Rep. Brian Calley: The truth about legislative authority (The Lansing State Journal 8/5)