Indian Gambling’s New Chapter

Now that the barrage of television campaign ads is over, Proposition 5 has disappeared from daily awareness, but its fate is hardly settled.

Before the statewide voter initiative on Indian-lands gambling was approved in the November election, two things were predicted: that it would generate one of the most expensive campaigns ever waged over an initiative and that the vote, whatever the outcome, would not settle anything. Both predictions came true, but few could have imagined a scenario as complicated as the one that has developed. Ironically, a looming court battle has provided an opening for a deal that could satisfy both the tribes and surrounding jurisdictions. In fact, new negotiations are about the only thing that could bring this matter to a succinct and satisfying end.

The proposition, which would legalize certain kinds of casino gambling on Indian land, faces a long-anticipated challenge before the California Supreme Court, based on a voter-approved 1984 change in the state Constitution that says, “The Legislature has no power to authorize, and shall prohibit, casinos of the type currently operating in Nevada and New Jersey.” Proposition 5’s supporters and opponents must have their arguments filed by next month. In the interim, the measure is on hold.

Gov. Pete Wilson earlier refused to negotiate with the tribes that already operated casinos, preferring instead to set up a restrictive pact on his own terms with other tribes. That pact too remains under challenge aside from the Proposition 5 court case and may face repeal at the ballot box.

Was the Proposition 5 initiative the best means of deciding the scope and type of gambling that should be allowed on Indian lands? As The Times has said before, no. A far better agreement, with better monitoring and safeguards, could have been hashed out had Wilson been willing to negotiate.

In the absence of such discussion, Proposition 5 was the fairest alternative. Bear in mind that the principal financial backers of opposition to Proposition 5 in the courts are the same Nevada hotels and casinos that, fearing a loss of business, financed the electoral campaign against it.

But with a new governor, Gray Davis, set to take office, the chance to negotiate is back. And Atty. Gen.-elect Bill Lockyer has already set the tone. “The era of being adversarial with California tribes has ended,” Lockyer said last month. Let’s hope that the era of real negotiation has begun.