Yes on Indian Gambling

The Times urges voters to support Proposition 5, the statewide initiative on Indian lands gambling on the Nov. 3 ballot. That’s because Proposition 5 is a logical step in a process that could settle the contentious issue of how to allow tribes to rise from poverty while maintaining the rights of states.

Congress thought that it had found a solution in the Indian Gaming Regulatory Act of 1988, but it was flawed. Still, the goal was commendable and that helps undergird our support for Proposition 5.

The federal gaming law promoted tribal development and self-sufficiency. It was designed to reduce staggering unemployment and welfare dependency, sans taxpayer dollars. One of the strong points of the law was its directive that most profits must be used to provide essential services such as roads, schools and hospitals on Indian lands. That happened, and under Proposition 5 those profits would be spread to non-gambling tribes as well.

But in California the vast majority of the state’s tribes want to maintain casino-style gambling, prohibited by the state Constitution. Federal law permits tribes to negotiate agreements with state governments on establishing casino-style and other forms of so-called Class 3 gambling. But the federal law is not clear on whether governors can be compelled to negotiate with every tribe.

The federal law also specifies that tribes can sue governors for failing to negotiate in good faith, but the Supreme Court has said no, ruling it a violation of the states’ immunity against such action under the 14th Amendment.

It’s a given that Proposition 5, if it passes, will face a court challenge. But is an initiative the best means of deciding what kind of gambling should be allowed on Indian lands? The answer is no, The Times believes. A far better standard, with better safeguards, could have been reached if Gov. Wilson had sat down with the tribes again and worked out a system agreeable to all.

But now, passing Proposition 5 is the best option for developing equity. Most of the opposition’s funding comes from Nevada casinos and California gambling interests that oppose giving up any slice of their pie. The opponents’ arguments are misleading, such as one declaring it unfair that tribes don’t pay taxes on their gambling profits. The reason the mostly poor Indians don’t pay state taxes is that reservations are federal trust lands. They aren’t subject to state taxes. It’s the law.

No matter what moral and societal arguments are made against gambling, taxation and states’ rights, this issue won’t go away. Until a comprehensive national solution is approached, there is Proposition 5 as an option, and it deserves your vote.