State must have say in casino decisions

California-based Indian tribes have every right to operate casinos on reservations, so long as the governor, Legislature and, occasionally, the electorate can have their say.

Based on two recent federal court decisions, however, California’s authority to establish appropriate rules and worker protections is in doubt. Judges essentially have told the state to acquiesce to the tribes and their commercial partners – which include large gambling companies that have nothing to do with tribal membership. We don’t think that’s what voters had in mind in 2000 when they granted tribes monopoly rights to operate casinos on their lands.

Rep. Doug LaMalfa, R-Richvale, has introduced federal legislation making it clear that California decision makers are not potted plants. LaMalfa’s HR 5079 is a California-specific bill that seeks to prohibit the U.S. interior secretary from authorizing casinos over objections of California officials and voters.

LaMalfa’s four California co-sponsors included Republicans Jeff Denham of Turlock and Paul Cook of Apple Valley, and Democrats Jared Huffman of San Rafael and Raul Ruiz of Palm Desert. The other 47 members of California’s congressional delegation should sign onto this legislation.

The measure was inspired by proposals to build Indian-owned casinos off their reservations, one on Highway 99 near Madera, and the other in Yuba County. Voters rejected the Madera compact in 2014; the Legislature nixed the Yuba County deal. That should have settled it. But the tribes and their corporate backers sued and are winning.

California has more than 100 recognized tribes, more than any other state; it also has 60 Indian-owned casinos. Most tribes build casinos only on existing reservations. But with capital from developers, some tribes try to get closer to cities, with or without state approval.

California allows the tribes the exclusive right to operate casinos, but it’s not an absolute right. There are limits. Voters expect to have a say, as do California’s elected leaders. Tribes and their partners must recognize that a sure way to run afoul of the voters is to ignore their voice.

Another piece of congressional legislation, HR 511, would reverse a National Labor Relations Board decision requiring tribes to comply with the National Labor Relations Act in dealing with casino employees. It’s a ridiculous exception. Tribes are sovereign, but their casinos employ non-Indian workers and attract non-Indian customers. Those workers deserve the same protections as every other worker in America.

Sadly, most Republicans supported the measure (including Denham and Tom McClintock), but most Democrats opposed it. One exception was Rep. Loretta Sanchez, the Democrat running for U.S. Senate, who sided with the casinos against employee protections. Many of these casinos are operating in impoverished valley and mountain communities; we can’t allow the tribes and their corporate overseers to make their lives worse.

This story was originally published May 9, 2016 at 3:26 PM with the headline "State must have say in casino decisions."