To: lwk who wrote (559 ) 8/18/1999 4:07:00 PM From: lwk Read Replies (1) | Respond to of 603
Tribes kick off new TV ads to let voters know Indian gambling still in limbo LOS ANGELES (AP) -- Frustrated that Indian gambling remains in limbo long after voters approved a measure supporting it, California tribes have produced two new TV commercials taking aim at Nevada casinos and Gov. Gray Davis. "Sadly, the dream of Indian self-reliance is still being blocked by big Nevada casinos," Indian spokesman Mark Macarro said in one of the two commercials that started airing statewide last week. The commercials, backed by some 40 tribes, are needed "because most Californians believe Proposition 5's landslide victory has assured that gaming on tribal lands is protected," Macarro said. "Most people don't realize it hasn't yet been implemented." Implementation of Proposition 5, passed by voters in November, has been halted while the California Supreme Court considers two lawsuits challenging the measure's constitutionality. One of the lawsuits is being funded primarily by Nevada casinos, who paid for much of the campaign against Proposition 5 last year. Proposition 5 won support from nearly two-thirds of state voters after a campaign that cost both sides together nearly $100 million, the most expensive ballot measure in U.S. history. The initiative would have allowed the tribes to run the types and numbers of games they wanted under tribal-state gambling compacts that would have received automatic state approval regardless of the governor's opposition. The tribes have been operating casinos for years without the federally mandated compacts because, they argued, then-Gov. Pete Wilson refused to negotiate with the majority of them. Meanwhile, tribes have been negotiating with a former judge designated by Davis to form tribal-state gambling compacts in accordance with the 1988 federal law that legalized Indian gambling. If the tribes are able to reach compacts with Davis, the court's ruling may be moot. The ruling is expected soon. Retired federal appellate court Judge William A. Norris said a pact also will be presented soon to tribes. The other tribal commercial that started airing last week noted that California tribes are "still seeking a negotiated settlement with Gov. Davis. We hope the governor will agree with the voters and sign a compact so that we can continue gaming on our own tribal land," Macarro said. Davis is aware of the ads, but his spokeswoman said they will not influence the compact negotiations. "We're still in discussions with the tribes over compacts. The ads will not affect the fact that these discussions are ongoing," said Hilary McLean. "The governor has committed that these negotiations will be confidential." Waltona Manion, spokeswoman for the Californians for Indian Self-Reliance, said the tribes decided to run the ads after learning that voters didn't realize Prop 5 had not been implemented. She would not say how much the tribes spent to produce and air the ads. "When you consider that it's been more than nine months (since Prop 5 passed), the tribes felt the public had a right to know the status of an issue they voted for with such overwhelming support," she said. Just in case things don't work out with the state Supreme Court or Davis, Indian tribes are circulating petitions to qualify a March ballot initiative designed to remedy possible legal flaws in Proposition 5. The new initiative campaign would be shelved if Proposition 5 is upheld in court. "Because of the uncertainty over the fate of Proposition 5, this is an insurance policy," said Richard Milanovich, chairman of the Agua Caliente Indians in Palm Springs. To make it to the March ballot, the tribes need to collect about 670,000 qualified signatures. The new measure would exempt Indian gambling from the ban on Nevada-style casinos, but would still not allow such Las Vegas-type gambling as roulette, craps and baccarat. The balance of the initiative replicates the language of Proposition 5, which essentially calls for Indian tribes to be allowed to conduct the kind of casinos they now operate.