Gambling compacts approved by feds

By: EDWARD SIFUENTES - Staff Writer
Opponents: Voters should have their say in referendums | Thursday, December 20, 2007 11:01 PM PST ∞

The federal government approved Wednesday four gambling agreements, including one for the Pechanga band near Temecula, that will appear on ballots in California's Feb. 5 primary election.

Whether the approvals make the four referendums moot was a hotly debated point Wednesday, as tribes, opponents of the gambling compacts, government officials and lawyers on all sides scratched their collective head.

Officials with the U.S. Interior Department said this month that the agreements, which would allow four tribes to increase the number of slot machines in their casinos, were approved.

But they waited until Wednesday to publish the notices in the Federal Register, the final step in the approval process.

Department officials did not return calls for comment.

As they did when the approvals were announced two weeks ago, supporters and opponents of the gambling deals disagreed on what the publishing of the notices means.

Pechanga Chairman Mark Macarro said in a written statement that the tribe considers its agreement, which was negotiated by the governor and passed by the Legislature earlier this year, approved.

The three other tribes are the Sycuan band in East County, the Agua Caliente band in Palms Springs and the Morongo band near Banning.

"Clearly efforts to break these comprehensive agreements are a waste of time and money for the people of California," Macarro said.

However, a spokesman for the No on the Unfair Gambling Deals campaign said the matter is not over until voters have their say. The campaign includes the owner of the Bay Meadows and Hollywood Park racetracks; UNITE HERE, a service workers union; and the Pala Band of Mission Indians, which owns a casino in North County.

"There are no deals to review and or approve until our constitutionally guaranteed referendum process is completed with a statewide vote," said campaign spokesman Scott Mcdonald.

Some legal analysts say the agreements have taken several unusual turns during the approval process.

Professor I. Nelson Rose, who specializes in gambling law at Whittier Law School, said Interior Department Secretary Carl Artman should not have approved the agreements, also known as compacts, because they were subject to the voter referendums.

"He was reading (a federal Indian gambling law) requiring him to act within a short time frame, without clearing up whether there were problems with them, which there certainly were, once the referenda were approved," Rose said.

The agreements would allow the four tribes to increase the number of slot machines in their casinos from a total of about 8,000 slot machines up to 25,000 machines. That would make the casinos among the largest in the country.

Supporters say the compacts will generate about $9 billion for the state in the next two decades. But opponents say the agreements are "sweetheart deals" that will create huge casinos and not generate as much money for the state as the tribes claim.

Opponents and some tribal attorneys have raised other questions about how the agreements were handled, including Secretary of State Debra Bowen's decision to forward them to the Interior Department before a vote on the referendums.

Bowen said through a spokeswoman that state law requires her to send the agreements to the Interior Department.

Scott Crowell, a prominent attorney whose tribal clients include the Rincon band in North County, called Bowen's reasoning "absurd." The state should have waited until Jan. 1, when the agreements became effective, or until after the election once the referendums were approved for the ballot, he said.

There is also a question of whether the Department of Interior reviewed the compacts at all. Opponents of the compacts cite a San Diego Union-Tribune report saying that the department did not review them before a 45-day deadline expired. Federal rules say the agreements are "deemed approved" if no action is taken on them.

"Still the Interior Department presses on with its unbelievable story of highly controversial deals that sit unseen for six weeks and then miraculously appear in an official's inbox too late for review," Mcdonald said.

As supporters and opponents wage multimillion-dollar campaigns in advance of the Feb. 5 election, the specter of a legal fight looms.

"You can view this as a make-work project for lawyers," Rose said. The Whittier Law School professor added, "If these pass, both sides will have good arguments."

Contact staff writer Edward Sifuentes at (760) 740-3511 or esifuentes@nctimes.com.

11 comment(s)[-]Go to Top

burt wrote on Dec 21, 2007 5:03 AM:I'm glad that the tribes can harvest significant value from reservation lands "given" to them that were once thought worthless.

King George wrote on Dec 21, 2007 5:15 AM:I never gamble with political campaign contributions from anyone who is flush with cash. I count my money!

Roy wrote on Dec 21, 2007 7:47 AM:"Clearly efforts to break these comprehensive agreements are a waste of time and money for the people of California," Macarro said. What an arrogant statment! Just this statement alone shows not only Macarro's attitude toward the will of the people of California but probably is the view of the rest of the tribes involved. Macarro says any effort by the people of Caliifornia is a "waste of time and money." I repeat this for emphasis! We do not trust our state or federal government with this issue. Up until now both elected entities have handled the situation poorly and now the chairman of Pechanga has the nerve to say that the will of the people and the democratic voting process to override bad political decisions is a "waste of time and money for the people of California." Not only should we vote no in February against the arrogant will of the tribes to expand, but we should also take the issue of previous compacts to the U S Supreme Court and strike down the ability of these casinos to operate as a monopoly in California. Macarro's quote shows that the will of the people of California and the DEMOCRATIC process is unimportant but the will of the Casino fat cats to expand is all important.

lisa wrote on Dec 21, 2007 9:01 AM:I agree with "Roy" 100%.

To Roy wrote on Dec 21, 2007 2:11 PM:The will of Roy and his friends has no place in this issue. What the Sovereign Governments of these tribes do on their own land is their business, not his. This is Federal Law.

Jeff wrote on Dec 21, 2007 2:32 PM:Talk about reading between the lines, Maybe certin people should re-read Macarro's statement this time without the "chip" on there shoulder, if they did than just maybe they might see that Macarro was showing concern for Californians by not wanting to see there time and money being wasted by a small group who would love to see no gambling at all or a union group just wanting to get in the door or even worse than those is in this "free enterprise" system we have here in America we see another gambling group in the area who does not want to "Deal" with any competation.

Webster wrote on Dec 21, 2007 3:31 PM:There is no question that in an attempt to placate the voting masses, we're getting nothing more than silly and trite sayings such as '...we've harnessed the power of self-reliance' from local tribal spokespeople. This attempt to push forth measures which will only exasperate the desecration of rural San Diego and adjacent counties is extremely offensive and transparent. Vote NO on all the measues.

Crocodile Approvals wrote on Dec 21, 2007 4:09 PM:Roy and Lisa are right. Over 3 million people signed a petition requiring a vote on the compacts, and the voters will be heard. However, no matter who wins the election, the premature federal approvals have fouled the process and may have delayed the expansion of the Casinos for years. For now, the lawyers win this jackpot.

Gambling is for losers wrote on Dec 21, 2007 4:58 PM:All gambling should be illegal outside of Las Vegas. Gambling is for suckers and losers who don't have the character to save, work, and be productive to build wealth. When you gamble, you're teaching your kids that hard work and perseverence don't matter. Money is to be won with no effort. That's why gambling was illegal in the United States, back in a time when this nation was moral and its people had character.

Jim wrote on Dec 21, 2007 6:15 PM:Roy, Lisa and all the other Las Vegas and Union interests need to understand that the federal law which permitted Indian gaming states that a Compact must be reached between government for gaming to take place on Indian land. It requires approval from the state Governor, the state Legislature, the Tribal Government and the federal Interior Department. All of those parties have now agreed, so the referendum vote in February is moot. That is all Mr. Maccaro is saying. And he is right.

Roy wrote on Dec 21, 2007 9:25 PM:Jim and the rest of you stealth casino reps: I am not pro union. I am anti union.And remember this: The Supreme Court can change Federal Law. Your agreements are not written in stone and if you defy the will of the California people you deserve to have the PRVILEDGE given to you to be taken away. I am against these compacts being railroaded down our local throats by far away politicians that will not face ANY of the consequences of their actions. These "leaders" will not drive through the present, and with compacts, dramatically increased traffic congestion around the casino. Nor will they have to own a residence that is impacted 24/7 by the casino's presence. These same politicians will also not have to worry about the crystal fiends or prostitutes that are attracted to these area casinos like maggots on putrid meat. No these politicians do not have the locals best interest in mind with casino expansion. If there is expansion open new facilities somewhere else and spread the gambling demand over a larger geographical area AND use the money to benefit other tribes with 30k per month in income per tribe member. Do not concentrate the demand to a few mega complexes and further reduce the quality of life of local area residents. And yes poster above free enterprise does work and the choice should be to either legalize gambling altogether or elimnate any monopolies that exist.

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