Here’s a little update on the latest in casino world. In the big picture, we don’t know much, because there’s as yet no word as to whether, when, and to what extent the Governor will file a casino, slots, or other expanding gambling legislation this year. But there are some smaller-scale developments worth noting.
- A couple of weeks ago, the U.S. Supreme Court handed down an important decision that ended the Mashpee Wampanoags’ hopes for building a casino in Middleborough on tribal land — at least for now. Basically, the Court interpreted federal statutes to say that the government can only take land into trust for tribes that were already recognized in 1934. That of course does not include the recognized-in-2007 Mashpee Wampanoags. Therefore, the Mashpee Wampanoags are now in the same position as anyone else who wants to open a casino in Massachusetts: they are entirely subject to state regulation. However, the Court’s decision is purely statutory, so if Congress chooses to amend the law, this roadblock for the tribe would be lifted.
- In today’s Globe, an anti-casino PR guy pitches a progressive income tax as the antidote to what ails the state, accurately pointing out that it’s exactly what MA needs in order to be able to implement the state equivalent of the Obama tax plan. I’m all for it — I’ve been pushing to start the constitutional amendment process for some time now. However, it’s obviously not a short term solution, since even if the process got underway today, the earliest the required amendment could be on the ballot would be November of 2012, allowing a progressive income tax to take effect in 2013, with the state seeing the first fruits of it in 2014. We need to come up with solutions before that.
- Finally, Ryan points us to an article suggesting that dog track workers aren’t exactly lining up around the block for job retraining. They’d rather, well, gamble that the state will pass a racino bill that will save their jobs by turning the dog tracks into slots parlors … or maybe even that the lege will decide to repeal the dog racing ban. Seems like a bad strategy — about as sensible as doing your financial planning down at the lottery parlor. IMHO, the lege is not going to undo what the voters did, and a casino/racino bill will not get done in the 2009 session, if it gets done at all. Dog racing stops in January, 2010. So waiting around hoping against hope that the axe doesn’t fall, despite its distinct downward trajectory, doesn’t seem like a great idea to me. According to the article, the state is making retraining resources available:
Meanwhile, one state official said his offer to help the track was rebuked by its management. Ken Messina is the Massachusetts manager of Rapid Response, a federally-funded program in every state, which responds to companies and employees facing closings and layoffs. Messina said his team offered three months ago to set up shop at the dog track, hoping to educate employees about unemployment, health insurance and resume assistance.
“We were ready to go, and when we started talking to the representatives of the dog track, it was evident they were trying to see if there were any alternative things to keep the track open,” Messina said.
Track owner George Carney could not be reached for comment….
Messina confirmed his agency has set aside money specifically earmarked to help displaced track employees. “We haven’t spent that money,” said Messina, who declined to disclose the amount.
Why wouldn’t you take advantage of offers like that? Weird.
I like the idea of a progressive tax. Too bad it will take so long.
I get it now that the idea of a casino is not very popular for A LOT of people. Personally, I would like to see some type of entertainment complex in my area, I’m neutral on whether or not it is a casino . I’m more interested in shows, concerts, restaurants, etc.
As for those poor employees from the dog tracks…if you stop to think about it, they are probably suffering from a deep feeling of sadness about losing the camaraderie they have enjoyed for years (kinda feel bad for them.) They are in denial. They’ll get over it.
their workplace is their home and they don’t want to go…that is really a sad thing for them, to be sure.
The court settlement of the Mashpee land suits (Wampanoag vs. Town) called for 150 acres within Mashpee to be placed in trust along with the land in Middleboro which was purchased to compensate the tribe for the land which the town stole over the course of time.
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p>So NOW what? Do conditions revert to what they were at the time the settlement was reached, because the terms cannot be fulfilled, thus giving the tribe the right to repo New Seabury, Mashpee Commons, and dozens of individual deeds throughout the town?
Do you have any links or other info on the settlement — complaint, documents, newspapers, anything?
…which led to the problem described above. Skinner actually said there was too much Negro blood for the Wampanoag to be recognized, words along that line. I remember being shocked when I read the decision.
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p>Skinner – the judge who ruled against the Mashpee Wampanoaq the first time around, even admitted he made mistakes:
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p>http://www.capecodtoday.com/bl…
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p>Further reading:
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p>The depositions and case documents: http://oasis.lib.harvard.edu/o…
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p>http://www.uchastings.edu/facu…
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p>http://www.utexas.edu/law/acad…
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p>And now, it is 2009.
My old brain doesn’t always get the facts correct, but you seem to have abbreviated some significant time lines that made the issue confusing.
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p>Any court land settlement had nothing to do with Middleboro.
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p>When the Mashpee Wampanoags applied for Tribal
Recognition, the corrupt process for which Glenn Marshall will do federal prison time with additional indictments pending, there was an agreement with the Town of Mashpee that Mashpee would not oppose tribal recognition, the tribe would not resurrect the land claims case, the tribe would not put a casino in Mashpee.
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p>In all of the documentation that sought Tribal Recognition, the Mashpee Wampanoag NEVER claimed historical ties to Middleboro because they don’t exist.
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p>When the Tribe gained federal recognition, public comments from the leadership were “All bets are off with any agreement we previously signed. We’re a Tribe now and Sovereign. Not bound by that Agreement with Mashpee.”
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p>Cooler heads prevailed and someone told the leadership that in order to put Land Into Trust, the Tribe needed the Town of Mashpee NOT to oppose their LIT application.
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p>The Tribe and Town of Mashpee renegotiated the Agreement –no casino in Mashpee, no land claims, no Mashpee opposition, that was ratified at Town Meeting.
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p>The LIT application was submitted to the BIA, where it currently sits.
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p>During this process, IGRA was amended (with John McCain’s involvement and Jack Abramoff’s) and essentially made LIT applications a distance from initial reservations ‘casino shopping.’ Because the Tribe failed to file the appropriate documentation, they can’t be grandfathered.
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p>Now comes SCOTUS in their Carcieri v Salazar case and says the Tribe wasn’t recognized prior to 1934 — No Casino.
This is going to be argued by attorneys, Attorneys General and Congress until reality sets in.
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p>The Tribes first public comments in the papers?
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p>”We’ll re-open our land claim.”
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p>That reaction defines the leadership’s willingness to discard agreements they signed at a whim to gain a monthly casino paycheck.
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p>The Cape Cod Times explained the terms of the contract the Tribe has with the investers —
http://www.southcoasttoday.com…
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p>Before the Wampanoag were recognized in 2007, they signed a development agreement with South African casino moguls Sol Kerzner and Len Wolman. That agreement provides for Kerzner and Wolman to have exclusive rights to develop the casino in exchange for an undisclosed piece of the profits. The developers also agreed to loan the tribe funding to obtain federal recognition and pursue the casino project.
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p>That agreement indicates the tribe would have to pay back those loans, reaching into the millions, once a casino is financed. Last year alone, the tribe used nearly $4 million in funds borrowed from investors to pay for lawyers and consultants working on their casino bid. The money was also used to pay the salaries of the tribe’s top officials.
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p>If a casino never opens or the contract is voided, the tribe would be responsible for paying back that money, the agreement indicates.
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p>Those investors are the Twin Rivers’ investors who have defaulted on loan payments and need a RI bailout.
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p>The laws regarding the issues are complex and those providing the best explanations that are clearly readable, are my fellow bloggers –
http://carverchick.blogspot.com/
http://gladyskravitz.blogspot….
http://mysite.verizon.net/vzey…
http://bellicose-bumpkin.blogs…
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p>As Gladys pointed out, this is a Dead Parrot.
http://gladyskravitz.blogspot….
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p>The Tribe does NOT own the land in Middleboro. The investors do. The Tribe is obligated to pay the real estate taxes plus a premium, in addition to $250K per year for engineering and a number of other costs to the Town of Middleboro according to the Agreement with the Town. There is no provision for cancellation of a project that is now dead.
As to the workers not seeking retraining. . . . Sad, but at some psychological level understandable. The loss of the familiar–in this case a familiar job–is a loss.
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p>As for the track owner/management refusing free retraining services for their workers . . . this is nothing short of disgusting. But what should one expect from a predatory industry that wants to use these sad stories as part of its PR strategy as it pursues slots in the legislature? The more pathetic the stories, the greater their value. Sickening.
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p>Why isn’t the AFL-CIO publicly demanding that these workers receive the retraining they deserve? But, then I guess we know the answer to that . . .
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p>–Leo