Editorial: Long odds against Oregon tribal casino

Tuesday, June 17, 2008  

"There’s less than meets the eye in last Thursday’s ruling by the Oregon Court of Appeals in favor of opponents of the casino in Florence. The People Against a Casino Town group has a long way to go before it proves that Gov. Ted Kulongoski violated the state Constitution by signing a casino compact with the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians.

The case has been bouncing around the courts for years. The fundamental issue — whether the federal Indian Gaming Regulatory Act trumps the Oregon Constitution — has been addressed only indirectly. Instead, several state and federal court rulings, including the most recent one by the appeals court, have dealt with matters of procedure.

Oregon’s Constitution flatly prohibits casinos: “The Legislative Assembly has no power to authorize, and shall prohibit, casinos from operation in the state.” That language has been ratified by the voters on several occasions, most notably in 1984, when Oregonians approved an initiative creating a state lottery.

Four years after the lottery vote, Congress passed the Indian Gaming Regulatory Act. The act says that if a state permits gambling, that state’s sovereign Indian tribes must be allowed to conduct the same types of gambling operations. Tribal casinos are subject to an approval process involving the secretary of the interior and state governors."

Get the Story:
Editorial: Long odds for casino foes (The Eugene Register-Guard 6/16)