Friday, July 07, 2006

Native American Times - America's Largest Independent, Native American News Source

Native American Times - America's Largest Independent, Native American News Source: "Tornado warning for Class II gaming
Guest commentary

D. Michael McBride III 7/6/2006

A tornado warning affecting Class II Indian Gaming has been issued. Although storm spotters have long reported three, impending, super cell storms, the storm system recently gained structure and intensity. It now poses an imminent threat to tribal sovereignty and the economic viability of Class II gaming. Indian Tribes are advised to take immediate action to protect Indian gaming.

The super cells are comprised of the following:

-The National Indian Gaming Commission�s (�NIGC�) proposed classification standards and definitions for �electronic or electromechanical facsimiles� published on May 25, 2006;

-Recent efforts by the United States Justice Department (�DOJ�) to induce the United States Congress to amend the Johnson Gambling Devices Act; and

-Senate Bill 2078 amending the Indian Gaming Regulatory Act (�IGRA�).

Each proposal is fueled by a myriad of conditions, including appeals by the DOJ and the NIGC for bright line clarity between Class II and Class III games, the Jack Abramoff scandal and the ascendancy of Indian gaming as the most successful federal economic development policy in history. The desire by many non-Indian observers to restrict Class II Indian gaming provides additional power to the storms. Although the Senate Report accompanying the IGRA states that tribes should have maximum flexibility to use technology in Class II gaming, the DOJ and NIGC appear committed to the notion that Congress could not have envisioned and would not condone the present advances in technology. "
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