
Artists(me) rendition of Middleboro casino
Now that the Massachusetts State Legislature has
passed a bill for expanded
mathematical stupidity gambling, I’ve decided to comment on what that means for the prospects of a casino in Middleboro.
The short answer is – the chances are still slim.
I’m sure there are a few diehards out there cheering the decision to legalize gambling and see the inclusion of a preference for a tribal casino in Southeastern Mass as a good sign – a breath of new life into the idea of a Mashpee Wampanoag casino in Middleboro. On the surface, it would appear to bode well — but I don’t think it does. I believe as strongly as ever that the Mashpee will never get a tribal casino. Their prospects for a commercial casino are a bit better but still not great. And neither event is likely to result in a casino in Middleboro.
First off – let’s look at what the bill actually says about tribal casinos.
The first mention provides $5M for legal and other costs related to a tribal casino in Region C(SE Mass):
Note this just sets aside money – nothing more.
The next mention is in the duties of the hackerama gambiling commission(send applications to Sen. Marc Pacheco). The 40th listed duty is to assist the governor in negotiating a compact with an indian tribe – if necessary.
The next mention – 100 pages later basically says: Keep an eye on the tribes and let us know if impossible happens – land into trust:
A few dozen pages later – we have Section 89 – where all the tribal meat is. Items a-d specify the way compacts with indian tribes work. The bill gives the governor permission to enter into a compact with a tribe that would be subject to approval by the legislature. I believe that the governor already has this power – I guess it’s restating is to remove doubt about the role of the legislature. So far, we have no solid promise of an indian casino.
The whole tribal pot boils down to section e. The way I read it is this: If a tribe looks likely to get land into trust by Aug 1, 2012 – the Governor has to power to negotiate a compact. If they don’t – any old person can bid on the SE Mass casino.
At the risk of restating the obvious for the 12 billionth time: There is no legal way for the Secretary of the Interior to take land into trust(See Carcieri v. Salazar). It would – literally – take an act of Congress for the Mashpee or anyone else to get land into trust and that is JUST NOT GOING TO HAPPEN. Read Sec. 89 for yourself:
It is still possible for the Governor Patrick to do something really dumb and give the Mashpee Wampanoag a commercial casino if they cede their rights for a possible future tribal casino. I think that would be of very suspect legality with regards to federal indian law – but he could do it. But I don’t think that is likely. Why would the Governor give this hapless bunch a commercial casino? To be fair – I don’t think of the tribal rank and file to be “hapless” – it’s their leadership – and that is the only thing that is relevent to this discussion. They’ve proven to be untrustworthy partners(See Middleboro, Fall River, Freetown, Raynham). They seem to have significant difficulty with self-governance(See Marshall, Hendricks, Cromwell). They have absolutely zero experience with casinos – or any large commercial venture. The most likely reason for all this alleged tribal preference is to give an appearance of negotiating in good faith so there is no legal ground for the tribe to argue to the BIA/SOI that Patrick was negotiating in bad faith.
If everyone decides to do something stupid, like give them a commercial casino, it will most certainly NOT be in Middleboro. There are several hundred pages of documentation explaining in great detail why that land is environmentally untenable for large commercial development – along with the painfully obvious fact that the state DOES NOT want a a casino in Middleboro.
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