Background and precedents Indian Gaming Regulatory Act

1 background , precedents

1.1 historic , cultural
1.2 legal

1.2.1 bryan v. itasca county
1.2.2 california v. cabazon band of mission indians

background , precedents
historic , cultural

gambling part of many traditional indian cultures. tribal games include dice , shell activities, archery competitions, races, , on. when native americans moved indian reservations in mid- late 1800s, left limited economic opportunity. today, of these reservations located in remote areas little indigenous economic activity…[they] have of highest rates of poverty, unemployment, welfare dependency, school dropout, alcoholism, , other indicators of poverty , social distress of communities in u.s.

the use of gaming generate profit did not begin until late 1970s , 1980s within indian communities. several tribes, in california , florida, opened bingo parlors way earn revenue. actions related search new sources of revenue, given emphasis reagan administration placed on economic self-sufficiency tribes.

legal

while bingo legal in california , florida, states had stringent regulations. operating on history of tribal sovereignty, tribes did not comply these laws. high-stakes indian bingo operations arose in california, florida, new york , wisconsin. industry grew rapidly. state governments began contending revenues own gaming operations dropped native american operations increased potential stakes.

several laws influenced creation of indian gaming regulatory act (igra). many of these influential laws came u.s. supreme court rulings regarding tribal sovereignty. while number of court rulings played significant role in development of legislation regarding reservation gambling rights, 2 landmark cases, bryan v. itasca county , california v. cabazon band of mission indians, provided major legal breakthroughs.

bryan v. itasca county

in 1970s, helen , russell bryan, members of chippewa tribe, lived on reservation in itasca county, minnesota. in 1972, county notified them mobile home subject state property taxes. unable pay tax, turned legal services , filed class action lawsuit against state, alleging state did not have jurisdiction tax personal property of native americans living on reservations.

according u.s. constitution, federal government possesses sole right treat native americans. case law has since granted congress jurisdiction on indian reservations. yet, public law 280, passed congress in 1953, transferred criminal jurisdiction on indian reservations federal government states. although both district court , minnesota supreme court ruled in favor of state, u.s. supreme court reversed decision in 1976. court interpreted pl 280 more narrowly, designed address crimes , civil disputes, not unilateral grant of broad authority states.

therefore, states given jurisdiction on criminal laws on reservations, not on civil regulatory laws. new interpretation of pl 280 opened gates indian gaming industry , led creation of variety of economic development ventures on reservations. gaming became successful economic initiative on reservations across country.

california v. cabazon band of mission indians

another court case paved way igra in mid-1980s when cabazon band of mission indians started small bingo parlor , card club on southern california reservation. although state attempted shut down these gambling operations, cabazon tribe filed lawsuit against state, claiming such action illegal in light of prior court rulings , sovereign rights of reservation. state, on other hand, argued running such high-stakes gambling organization illegal , therefore punishable criminal violation of law, in accordance public law 280. cabazon case reached u.s. supreme court.

the native american cause prevailed california gambling laws ruled regulatory, not prohibitory. ruling made because of allowance of form of gambling: state lottery. ruling plainly recognized sovereign rights of indian tribes living on reservations. affirming gambling not regulated states (unless state law prohibited forms of gambling), court opened door native american gaming industry.

gambling became popular instrument economic development on reservations striving economic opportunity. growth in indian gaming continued in 1980s (grossing on $110 million in 1988), though, tensions increased.

states began lobbying federal government allow states regulate indian gaming. states argued regulation needed stop infiltration organized crime. wanted able tax revenues gained indian gaming. tribes fought states in effort both maintain tribal sovereignty , protect indian gaming revenues support economic development. congress responded set of compromises evolved indian gaming regulatory act of 1988.

the primary legislators involved in drafting act senator daniel inouye of hawaii, representative , (as of 1987) senator john mccain of arizona, , representative mo udall of arizona. representative udall had sponsored numerous bills regarding native american issues , rights. @ time, senator mccain serving member of committee on indian affairs, of senator inouye chairman. s.555, bill passed united states senate on september 15, 1988. house passed bill on september 27. president ronald reagan signed law on october 17, 1988.

some aspects of law later clarified through court cases. whether revenue indian casinos subject other governmental taxation determined in chickasaw nation v. united states. and, in 2009 supreme court ruled in carcieri v. salazar department of interior not take land trust acquired tribes recognized after 1934.