Maine
Rep. Henry John Bear, a citizen of the
Houlton Band of Maliseet Indians, wants to know whether tribes in the state can operate casinos just like most others.
If approved by lawmakers in the House,
House Order 58 would direct the Maine Supreme Judicial Court to issue an opinion on the subject. Bear's bill says the
U.S. Supreme Court decision in
California v. Cabazon Band of Mission Indians determined that "state and local governments do not have the authority to regulate gambling on Indian land."
“The time is right,” Bear, who represents his tribe as a non-voting member of the Maine Legislature, told The Bangor Daily News of his desire to resolve the issue.
Nearly every tribe in the U.S. is able to follow the
Indian
Gaming Regulatory Act, which Congress enacted in 1988 in response to the
Cabazon decision.
But most tribes in Maine fall under
land claim settlements that have been interpreted to impose state law on their homelands.
A
1983 Maine Supreme Judicial Court case appears to confirm that interpretation with respect to the
Penobscot Nation,
The Daily News reported.
As a result, tribes have gone through the Legislature to seek approval to open casinos or engage in gaming on their lands. Those efforts have repeatedly failed even as voters approved two non-Indian casinos in the state.
Bear is a
Green Independent Party candidate for Congress. He's seeking to represent Maine's 2nd District.
Read More on the Story:
Court opinion could free Maine tribes to open casinos without state approval
(The Bangor Daily News February 20, 2018)
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