Federal Court Rules Against Oklahoma Tribe Opening a Casino in New Mexico

Federal Court Rules Against Oklahoma Tribe Opening a Casino in New Mexico

Good news for New Mexico. As reported in the Santa Fe New Mexican about a week ago, U.S. District Court Judge Ellen S. Huvelle upheld a decision by the National Indian Gaming Commission (NIGC) that the Fort Sill Apache tribe of Oklahoma was not eligible to operate a casino in New Mexico.  The Fort Sill Apache tribe has owned a roughly 10 acre property at Akela Flats about 18 miles east of Deming, just north of Interstate highway 10, They have operated a smoke shop, diner and convenience store there for years, and slipped bingo in from time to time.

The tribe tried to open a casino at Akela Flats in 2008.  The National Indian Gaming Commission shut the casino immediately, and Governor Bill Richardson ordered a state police blockade to enforce the order.

In 2008 the NIGC determined that Fort Sill did not qualify under any of the exceptions to the general prohibition against tribes gaming on lands acquired after Congress passed the Indian Gaming Regulatory Act of 1988.

After losing their battle with the NIGC, the Fort Sill Apaches took their argument to federal court, which has deliberated on and off for years.. Judge Huvelle, the district court judge, dismissed each argument made by Fort Sill. The Fort Sill Apaches will most likely take this battle to the appellate court to try to get Judge Huvelle’s decision overturned.

The Fort Sill Apaches are remnants  of the Chiricahua Apache Tribe that was forced out of their homeland in New Mexico by the U.S. Government after the Indian wars in 1886, and relocated in Oklahoma.  In 1913 the Chiricahua were offered a choice: they could stay in Oklahoma or return to their homelands in New Mexico.  Most returned to New Mexico and are recognized as the Mescalero Apache Tribe, while those who remained in Oklahoma became the Ft. Sill Apache Tribe.  The Ft. Sill Apaches operate a casino in Oklahoma.

The Mescalero Apache Tribe, owners of the Inn of the Mountain Gods Resort and Casino, and the potential main competition to the proposed Fort Sill Apache Casino, were very pleased with the judge’s decision.

“We have a shared history as Chiricahua Apache, but they chose to stay in Oklahoma and lost their connection to New Mexico,” Mescalero Apache President Gabe Aguila said. “IGRA was not intended to allow tribes like Fort Sill to game hundreds of miles away. Fort Sill promised Mescalero they would not game here.”

Stop Predatory Gambling New Mexico is also very pleased with the judge’s decision.  One more tribal casino would only add to the addiction, poverty, bankruptcy, homelessness, business failures, criminal activity and suicide that we already struggle under.

It’s time for the government to get out of the predatory gambling racket.

 

Guy ClarkFederal Court Rules Against Oklahoma Tribe Opening a Casino in New Mexico
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State Leaders Called to Shut Lotteries for 30 Days As Relief Checks Arrive

The members of Stop Predatory Gambling sent the letter below to leaders in all states with lotteries calling on them to shut down all lottery gambling games for 30 days as hundreds of billions of dollars in direct federal financial relief is delivered to American families across the nation. Luring citizens to lose their money on lottery gambling games during this time defeats the intended purpose of the stimulus. You can download a PDF of the letter here.

April 20, 2020

Dear Governor,

We are writing to call on you to immediately shut down the marketing and selling of all state lottery gambling games until the financial turmoil caused by the coronavirus has passed. It is essential that these games be shut down between now and at least 30 days after federal stimulus payments are received by American families.

The reason is simple.  Federal tax dollars are being sent to American families in order to put food on the table, make rent or mortgage payments, or provide for other daily necessities – not to subsidize state lotteries.

There is a mountain of facts showing many citizens gamble on the lottery to change their financial condition, and even more so when they are feeling a sense of desperation.[1] Yet state government is continuing to market its lottery gambling games at the very same moment that citizens are receiving their economic relief checks from the U.S. Treasury.

Luring citizens to lose their money on lottery gambling games during this time defeats the intended purpose of the stimulus. Government sending stimulus and unemployment checks to families in need while states continue to operate lotteries will result in greater financial loss for our citizens, rather than fulfilling the intent of providing for essential needs and encouraging consumer spending to benefit the economy and create jobs.

State lotteries are one of the root causes why more than 60% of Americans had less than $1000 in savings before the financial distress caused by the coronavirus pandemic.[2] State governments have turned a nation of small earners, who could be small savers, into a nation of habitual gamblers on course to lose more than $1 trillion of wealth to government-sanctioned gambling over the next eight years.[3]  At least half of this wealth – $500 billion – will be lost to state lotteries. It’s America’s most-neglected problem today.

Building assets and the accumulating and investing of savings, are the keys to financial peace.  A home, a college fund, retirement accounts, a stock portfolio—these assets are the hallmarks of middle and upper class America, and they are all the result of savings. Creating wealth by the accumulation and investment of savings is the direct opposite of what state lotteries represent and encourage.

We strongly urge you to act now, before the assistance that American families will be receiving ends up being taken by state lottery tickets, rather than invested in immediate needs and churned through our economy for the benefit of everyone.

If you need any additional information about the urgency of shutting down state lottery gambling games, please contact us.

Thank you for your attention to this serious problem.

Sincerely,

Les Bernal

National Director

Stop Predatory Gambling

[1] “Living in Truth: Lotteries Worsen Opportunity, Reduce Mobility Out of Poverty and Deepen Budget Problems,”

A Briefing on State Lotteries by Stop Predatory Gambling, April 20, 2020 https://www.stoppredatorygambling.org/wp-content/uploads/2020/04/2020-Brief-on-State-Lotteries.pdf

[2] Bankrate’s Financial Security Index, 2018, https://www.bankrate.com/banking/savings/financial-security-0118/

[3] H2 Gambling Capital, 2018 https://h2gc.com/

Les BernalState Leaders Called to Shut Lotteries for 30 Days As Relief Checks Arrive
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2020 WHO–UNICEF–Lancet Commission Report about the impact of gambling on kids

The 2020 WHO–UNICEF–Lancet Commission Report includes a section about commercialized gambling and its impact on kids. It is a major achievement to have gambling in this type of report appearing alongside other unhealthy commodity industries.

You read the report and the highlighted sections dealing with commercialized gambling here: 2020 UNICEF and WHO Report referencing gambling

Les Bernal2020 WHO–UNICEF–Lancet Commission Report about the impact of gambling on kids
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****ACTION ALERT—VICTORY AGAINST HB 271 AND SB 230****

****ACTION ALERT—VICTORY AGAINST HB 271 AND SB 230****

We were victorious this legislative session. SB 230 CAPITAL IMPROVEMENTS GAMING TAX CREDIT had its first assignment to Senate Corporations and Transportation Committee (SCORC), and it never got heard. I’m told that it is not going to get heard in the last two days. I’m not sure how much impact our phone calls, emails, etc. had on that result, but I’m very happy for it.

HB 271 passed unnoticed through the first committee, but we got the chance to testify against it in House Taxation and Revenue Committee. It was immediately tabled, and stayed on the table until last Friday. It was sent to the House floor on Saturday and worked its way up the House Calendar very slowly until it was heard last night about 11:00 pm. There was lots of debate, with tribal casino advocates, social interest advocates, as well as business advocates ripping into it. Again, I have no idea how much influence our supporters influenced the outcome with phone calls, etc., but the bill went down in flames with a vote of 40 against and 28 for the bill. It was trashed so badly that I suspect they will not try it again in the next session.

The Albuquerque Journal posted the following op-ed on Monday, the same day the vote occurred on the House floor. Maybe that helped swing some votes.

Thanks for all your help in defeating these two obnoxious bills. It’s nice to win some.
Dr. Guy Clark, chairman
Stop Predatory Gambling New Mexico

https://abqjournal-nm.newsmemory.com/  p A11

Racinos’ tax credit bills a losing bet

HOUSE BILL 271, the Capital Improvements Gaming Tax Credit bill, and its twin SB 230, are the latest efforts by the racetracks to get state subsidies for their gambling.

Track bailouts to prop up the failing racetrack industry have a long history in New Mexico. For decades before 1996, the racetracks received financial support from the state to supplement their gambling income on a regular basis. In 1996-1997, when the casinos started raking in the money with slot machines, the tracks wanted in on the action. When the tracks started lobbying the Legislature for slot machines, they said slots would save the tracks and they would never again need subsidies from the state. They have since made efforts a few years ago to get more subsidies, but the Legislature wisely voted against their bills. They’re at it again.
What makes the racetracks so special that they should get tax subsidies that productive, useful businesses do not get? I’ve talked to business owners and managers who wish they could get tax reductions in the amount of their capital improvements.
Instead of benefiting New Mexico economically, several noted economists have reported that casinos are a net drag that cannibalizes local businesses. If that’s hard to believe, check the report by the New Mexico Taxation and Revenue Department in 1997, which showed the huge negative financial impact new casinos had on wholesome businesses like restaurants, clothing stores, car dealerships, movie theaters and others. The overall New Mexico economy took a dive then that the state has not fully recovered from.
New Mexico has more casinos per person than Arizona, Utah, Colorado and Texas, and we have the worst economy. I think there is a solid connection. Also, the beneficial economic multiplier effect that applies to most businesses has been shown to not be nearly as effective with gambling operations.
If that’s not enough, many studies show casinos in your community mean you will have significant increases in homelessness, bankruptcy, child abuse, spouse abuse, drug addiction, criminal activity, suicide and other social problems.
With all the negative impact on businesses and society that racinos cause, why reward them with a tax write-off that we don’t offer more productive businesses? The racetracks should learn to just stand on their own four feet.
The Legislature should vote to kill HB 271 and SB 230.
DR. GUY CLARK Chairman,
Stop Predatory Gambling New Mexico

Guy Clark****ACTION ALERT—VICTORY AGAINST HB 271 AND SB 230****
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****ACTION ALERT—HB 271 ON HOUSE CALENDAR FOR TODAY—PLEASE CALL REPRESENTATIVE****

****ACTION ALERT—HB 271 ON HOUSE CALENDAR FOR TODAY—PLEASE CALL REPRESENTATIVE****

Dear Friends,

HB 271, the racetrack bail-out subsidy bill, is on the House floor calendar today. They will be back in session at 1:30 pm. It is very possible that they could hear the bill today.

You can contact your member of the House by first clicking here. If it doesn’t open the website, right click on it and click on “open hyperlink.” That will take you to a page titled “Find Your Legislator by Address.” On that page, make sure the top box says “House of Representatives.” The second dialogue box below is titled “Address.” In the address box enter your street address, city and ZIP code and click on “Search.” That will bring up a page on your legislator with a picture of your representative and your district. Click on their name above their picture. That will take you to the representative’s website which has his/her Santa Fe Capitol phone number. Call that number to leave your message.

Encourage your representative to vote against this bill.  You can say that you don’t think racetracks should get tax reductions that ordinary businesses do not get, or anything you feel is appropriate.. Please call today.

Please forward this email to your own email lists where appropriate.

Cordially,
Dr. Guy Clark, chairman
Stop Predatory Gambling New Mexico

Guy Clark****ACTION ALERT—HB 271 ON HOUSE CALENDAR FOR TODAY—PLEASE CALL REPRESENTATIVE****
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NM SUPREME COURT RULED THAT INJURED CASINO WORKER CAN’T OBTAIN WORKERS’ COMPENSATION

NM SUPREME COURT RULED THAT INJURED CASINO WORKER CAN’T OBTAIN WORKERS COMPENSATION

As reported in the Claim’s Journal on January 21, 2020, a female worker who was injured while working in the Isleta Casino cannot claim workers compensation since the casino is not covered under the state program, and the casino has no program itself. Besides the unhealthy smoking environment in the casinos, increased crime statistics surrounding casinos, and the greatly increased risk of becoming a gambling addict, this is just one more downside of working for tribal casinos.

We have known for years that casinos cannibalize local businesses, drain the resources of local citizens, both tribal and non-tribal, causing increasing risk of bankruptcy, homelessness, criminal activity, suicide, spouse and child abuse, and other addictions, we now know that there are employees of the casinos who are victims.

It is time for the government (both tribal and state) to get out of the predatory gambling racket.

Guy ClarkNM SUPREME COURT RULED THAT INJURED CASINO WORKER CAN’T OBTAIN WORKERS’ COMPENSATION
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NM GAMING CONTROL BOARD MEETING JANUARY 29 AT 11:00 AM

The New Mexico Gaming Control Board will hold its next meeting on January 29.  They meet at the Gaming Control building on the corner of Jefferson and Alameda. The open session will begin approximately at 11:00, although it may begin sooner, depending on the closed session adjournment time.   Most of the meeting will be about licensing of establishments and individuals, but there will be a discussion on a new open meeting resolution.  Their idea of open meetings leaves much to be desired, so it would be good to hear what they have to say.

Guy ClarkNM GAMING CONTROL BOARD MEETING JANUARY 29 AT 11:00 AM
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Why Commercialized Gambling is Different Than Any Other Business

Below is the testimony of Les Bernal, National Director of Stop Predatory Gambling, before a Georgia Legislature study committee on gambling in October 2019. As part of his presentation, Bernal explains why commercialized gambling is different than any other business. A copy of Bernal’s slides can be found here.

Les BernalWhy Commercialized Gambling is Different Than Any Other Business
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