Native American Press / Ojibwe News(Bemidji, Minnesota), 1996-02-16

              MN Appeals Court reaffirms Little Six
immunity Dissenting judge blasts sovereignty
By Gary Blair
It appears that Minnesota's non-
Indian population is finding out the
hard way that there is not any human
or legal rights protection for anyone
on the state's Indian reservations.
With the opening of Indian casinos,
non-Indians have had the chance to
experience some of what life is like
for Native Americans who reside on
the state's 11 reservations. But the
doctrine of tribal sovereign immunity
appears to be wearing thin in the
state's court system.
On Feb. 5, the Minnesota Supreme
Court heard an appeal from former
Mystic Lake Casino guard Jill Gavle.
Gavle filed suit against Little Six,
Inc., which operates the casino, and
against the corporation' s former boss,
Leonard Prescott. The lawsuit accuses
Prescott of sexual harassment, gender
discrimination, pregnancy
discrimination (he allegedly fired
Gavle after impregnating her),
defamation and battery.
In response to the suit, Little Six,
Inc. invoked the sovereign immunity
defense, claiming Little Six has the
same protection from lawsuits as the
tribe. A decision by the high court is
now awaited by others who have filed
similar suits with equally dismal
results against tribal corporations.
Even the Minnesota Department of
Human Rights is powerless when it
comes to jurisdiction on Indian
reservations. Commissioner David
Beaulieu has been sitting on a
complaint from non-Indian Kerre
Steinhaus, a former Little Six
employee who filed with Beaulieu's
department November 17, 1994, for
sex and disability discrimination.
Steinhaus told the PRESS that
Commissioner Beaulieu is also
waiting for the Supreme Court's
decision in the Gavle case. Calls to
Beaulieu's office to learn more about
the matter were not returned by press
time.
In a letter dated January 24, 1995,
Joseph Plumer, corporate attorney for
Little Six,.wrote Commissioner
Beaulieu the following: "Please accept
this letter in response to above-
referenced charge of discrimination.
Mystic Lake Casino is an enterprise
ofLittle Six, Inc., a corporation wholly
owned and chartered by the Shakopee
Mdewakanton Dakota Community.
The Shakopee Mdewakanton Dakota
Community is a federally-recognized
Indian Tribe which enjoys, among
other things, immunity from suit.
"In the Articles of Incorporation
which created Little Six, Inc., the
Shakopee Mdewakanton Dakota
Community bestowed upon the
Corporation all the rights, privileges
and immunities enjoyed by the
Community, including immunity
from lawsuits-. I have enclosed the
first two pages ofthe Little Six, Inc.
Articles of Incorporation which show
that the Corporation does indeed share
the Community's immunityfrom suit.
"The Little Six, Inc. Articles of
Incorporation provide that the only
method for waiving the Corporation's
immunity from suit is through a
specific resolution by the Board of
Directors. The Little Six, Inc. Board
Court cont'd on 5
Tribal immunity invalidates woman's suit
By Josh Lemieux
ST. PAUL (AP) _Tribal sovereignty
prevents a woman from using state
courts to sue an American Indian
tribe for an injury she suffered at the
Mystic Lake Casino, the Minnesota
Court of Appeals has ruled.
The 2-1 decision, to be filed
Tuesday, prompted a strongly worded,
69-page dissent from Judge R.A.
Randall.
"Why here, are we tolerating
segregating out the American Indians
by race and allowing them to maintain
a parallel court system and further
subjecting non-Indians to it? To me,
this is red apartheid," Randall wrote.
Sylvia Cohen of Edina claimed that
a chair in front of a Mystic Lake slot
machine "snapped from underneath
her," causing injuries when she fell to
the floor.
She sued Little Six Inc., the casino
corporation owned and operated by
the Shakopee Mdewakanton Sioux
Community on tribal land in Prior
Lake.
The majority ruled that the
corporation raises money from casino
operations to redistribute for the
welfare ofthe tribe. Judges Marianne
D. Short and Randolph W. Peterson
said the corporation's purpose is
governmental and therefore
sovereign.
"Case law establishes that a
corporation organized under tribal
laws, controlled by the tribe, and
operated for governmental purposes
can assert the tribe's immunity as a
defense," Short wrote forthe majority.
"Cohen has not been deprived of
her day in court, but only of her day in
the court of her choice," she wrote.
But Randall said tribe members are
Minnesota citizens on Minnesota
land.
"Sovereignty is a phrase we have
mouthed for over 200 years, but this
country has never, at anytime, treated
Indian tribes with any of the courtesy,
nor respect accorded a true sovereign
state or nation, such as a Canada,
Mexico, GreatBritain, etc.," he wrote.
Randall wrote that it is not fair for
Cohen to rely on tribal courts, which
he said in some cases have judges
who are not lawyers.
"She is a Minnesota resident,
dealing with aMinnesota corporation,
concerning an accident on land in
Minnesota," Randall wrote.
"To call Mystic Lake, the largest
casino in Minnesota and one in size
that compares favorably with large
casinos in Las Vegas and Atlantic
City a 'tribal enterprise,' is like calling
the Mall of America in Bloomington
a 'smallishBloomingtonstripmall.'"
Report: Expanded gambling in U.S. opens
way for laundering money
CongressMnvestigative branch, the
By Carolyn Skorneck
WASHINGTON (AP) _ The rapid
expansion of legalized gambling
across the nation, combined with
limited resources for enforcement,
has opened opportunities for
laundering ill-gotten cash, the
government says.
"The extraordinary growth of the
gaming industry in recent years _
especially riverboat and Indian
gaming _ may create new scenarios
for money laundering for which we
are not prepared," Sen. Sam Nunn,
D-Ga., said Tuesday.
A report Nunn requested from
General Accounting Office, said
casinos are most at risk to money
laundering are casinos because they
handle more than 80 percent of the
money bet legally nationwide.
Cash betting in casinos grew from
$ 117 billion in 1984 to $407 billion
in 1994, reports an industry trade
publication, "International Gaming
and Wagering Business."
As partial safeguards without
having to pay for more Internal
Revenue Service inspectors, the
GAO recommended considering
federal limits on casino transactions.
It noted that Nevada has banned
cash exchanges of totaling $2,500
Women claims sexual harrassment by
Seminole tribe       big cypress reservation
Fla. (AP) _ The Seminole Tribe's
claim of sovereign immunity is
slowing down a lawsuit by a former
employee who alleges she was the
victim of sexual harassment.
Kristine Roselius claims she was
fired after six months, in November
1994, as the marketing director ofthe
tribe's Swamp Safari when she
complained about the alleged abuse.
Ms. Roselius said the harassment
began early on, when her boss told
her she could make "a quick $ 10,000"
by spending time with a wealthy client,
and continued.
"I thought they were kidding." Ms.
Roselius said. "They said, 'Why
wouldn't you sell your body for an
hour?'"
Last month, Ms. Roselius, 26, sued
the Seminole Tribe of Florida in
federal court.
Before the court can hear her story,
though, Ms: Roselius must get past
the tribe's claim that its status as a
sovereign government protects it from
employment suits. It was not clear
Tribes can wheel-and-deal on compacts
By Sharon Theimer
MADISON, Wis. (AP) _ Gov.
Tommy Thompson can require
Wisconsin's 11 Indian tribes to share
revenue with the state if he negotiates
new gaming compacts _ but he must
give them something in return,
Assistant Interior Secretary for Indian
Affairs Ada Deer said.
The something tribes get from
governors usually is expanded
gambling or exclusive rights to certain
games such as slot machines, Deer
told The Associated Press in a
telephone interview from
Washington.
Thompson said Thursday that Deer
was wrong and that he didn't have to
MN Appeals Crt. reaffirms Little Six immunity/ pg 1
Native journalists struggle to make difference/ pg 3
New election ordinance for MCT/ pg 1
Reflections from the Ahnishinabe. Nation/ pg 5
Voice ofthe People
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or more.
But Stanley Morris, director of
the Treasury Department's
Financial Crimes Enforcement
Network, said the department wants
to focus on reporting of transactions
rather than placing limits on them.
Forty-eight states allow some
legalized gambling. Almost 60
riverboat casinos were launched
between 1991 and March 1995.
American Indians began 237
gaming operations, including 119
casinos, in the decade ending in
March 1995, the GAO said.
While most gambling businesses
Report cont'd on 3
Native columnist, writer, Wub-e-ke-niew (Francis Blake, Jr.), and friends at a booking signing in New York
New election ordinance for MCT
when the court would rule on the
tribe's status.
"The allegations are groundless.
Beyond that, the Seminole Tribe is a
sovereign Indian tribe," said Donald
Orlovsky, an attorney who represents
the tribe. Orlovsky said he could not
comment further on the suit.
Roselius and her lawyer say the
tribe waived its immunity when it
began writing contracts to do business
off the reservation.
Harrass cont'd on 3
In preparation for the upcoming
tribal election in June, the Minnesota
Chippewa Tribal Executive
Committee has revised its election
ordinance in accordance with the
tribe's constitution. All six members
of the Minnesota Chippewa Tribe-
which includes the Mille Lacs, Bois
Forte, Fond du Lac, Leech Lake,
Grand Portage, and White Earth
bands-are required to comply with
the new ordinance.
Underthe revised election ordinance:
*A candidate running for election
must, for at least 12 months
immediately preceding the election,
(l)have been an enrolled member of
the band, (2)have been enrolled with
the reservation of his/her candidacy,
and (3)have resided on the reservation
(and, for council candidates, within
the particular district of his/her
candidacy). To be eligible, candidate
must also have reached their 21st
birthday on or before the date of the
election.
* At least 50 days prior to the election,
the Tribal Council shall designate
polling places. To ensure that only
band members vote, proof of identity
may be required by the polling clerk.
♦Absentee ballots will be available
for people who are unable to make it
to the polls on election day due to
absence from the reservation, illness,
or physical disability. Upon receipt of
a written request for an absentee ballot
from an eligible voter, the General
Reservation Election Board will send
the requester an absentee ballot. The
voter must then follow the ballot's
specific instructions, which include
voting and sealing the ballot envelope
before a notary public.
♦After the polls have closed, ballots
shall be counted by the Precinct
Election Board at each polling
location. The Precinct Election Board
then returns all election material,
including all ballots, to the General
Reservation Election Board, which
shall meet the following day to receive
certification of the election results
from each precinct and shall certify
the return of absentee ballots. To
provide for impartial election judges,
member of the General Reservation
Election Board and the precinct
election board may not be immediate
family members of any candidate for
office or any member holding office
with the Minnesota Chippewa Tribe
or any tribal council.
If you would like a copy ofthe revised
ordinance, call MCT Executive
DirectorGaryFrazerat218/335-8581.
Senate refuses to eliminate single-member
house district
give the tribes anything for revenue
sharing. He has repeatedly said he
opposes expanded gambling.
"I can negotiate anyway I want,"
Thompson said. "I'm sure the Indians
are going to ask for a lot of things."
One thing the tribes want is the
ability to offer newtypes ofLas Vegas-
Deal cont'd on 3
By Chet Brokaw
PIERRE, S.D. (AP) _ The South
Dakota Senate has refused to repeal
the two special House districts that
were created in 1991 to give Indians
a chance to elect their own state
representative.
Sen. Lee Schoenbeck, R-Webster,
said the special districts should be
repealed in the wake of a 1995 U.S.
Supreme Court decision that said
drawing district lines based on race is
unconstitutional.
But other senators said they believe
the Supreme Court decision does not
necessarily mean the legislative
district in northwestern South Dakota
isunconstitutional. The district should
be preserved until all the legislative
districts are redrawn in the year 2001,
they said.
The Senate voted 18-17 to kill the
bill, which would have repealed the
special House districts. But
Schoenbeck said he will ask the Senate
to reconsider the measure.
South Dakota has 35 legislative
districts. In 34of those districts, voters
elect one state senator and two
representatives, all of whom represent
each person in the district.
But in 1991, District 28 was split
into two separate House districts, each
of which elects only one member of
the House.
The District 28 senator represents
the entire district. But each House
member in that district represents
only ha If the area.
One House district covers Harding
and Perkins counties, part of Butte
County and a portion of Corson
County. Its population is mostly white.
The second House district covers
Dewey and Ziebach counties and a
part of Corson County. It includes
most of the Cheyenne River Sioux
Indian Reservation and the Standing
Rock Sioux Indian Reservation, but it
has never elected an Indian House
District cont'd on 3
Senator says casinos must accept tougher regulation Indian Gaming Regulation Act
BISMARCK, N.D. (AP) _ Indian
gambling casinos must accept tougher
federal regulation to maintain the
integrity of the industry, Sen. John
McCain, R-Ariz., said Friday.
"I am absolutely convinced that we
must have better oversight and
regulation of Indian gaming, or it is a
matter of time before there is... scandal
associated with it," McCain said.
McCain, who was in North Dakota
to campaign for Republican
presidential candidate Phil Gramm,
is chairman of the Senate's Indian
Affairs Committee.
He believes a federal Indian gaming
commission needs more staff to
effectively oversee the burgeoning
casino industry on reservations.
"Their funding is very, very low,
and the size of their responsibilities
... is not nearly what it must be,"
McCain said.
Regulatory costs should be paid by
Indian casino revenues, which is how
oversight of private gambling
establishments is financed, he said.
Indian tribes have opposed stronger
federal regulation as an infringement
on their sovereignty, and state
governments are skeptical because
they want more control over the scope
of the industry.
(AP) _ In 1988, Congress passed the
act to regulate the flourishing
gambling industry on Indian
reservations.
The act came on the heels of a 1987
Supreme Court ruling that states had
no regulatory control over gambling
on Indian land.
Under the act:
_ States are obligated to negotiate
compacts with tribes for Class III
gaming operations. Class in gambling
includes Las Vegas style gambling.
The agreement that outlines what
types of games will be offered, the
size of the facility and betting limits.
_ If the state refuses to implement a
mediator's recommendations, the
interior secretary can establish
gambling procedures for the state.
_ If a state refuses to negotiate a
compact for more than 180 days, tribes
can ask a federal court to mediate.
Some states argue that it is an
unconstitutional intrusion of power
to force them to regulate Class III
operations that they don' t want within
their state. The U.S. Supreme Court
has heard arguments and is expected
to rule in a lawsuit that the Seminole
tribe in Florida filed in 1991 under
the act after the state did not negotiate
a compact.