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Is Murray uninformed or something else?

I have to tell you that hearing these sorts of uniformed scare tactics repeated is really tiring. This from Senate president Therese Murray:


Senate President Therese Murray said yesterday that a new directive from the federal government makes Native American gambling parlors all but inevitable in Massachusetts, whether or not state lawmakers authorize full-fledged casinos.

Murray is referring to a memo from SOI Ken Salazar to Assistant Secretary of Indian Affairs Larry Echohawk hawk hawk hawk that instructed the BIA to “move forward with processing applications and requests for gaming on Indian lands within the context of objective statutory and regulatory criteria.
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Senator Murray is either woefully misinformed, or intentionally exaggerating the likelihood of a class two Indian casino to further her Ka-genda. There is no statuatory or regulatory ability for the SOI to take land into trust for tribes that were federally recognized after 1934. None. This has been decided already in Carcieri v. Salazar.
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Let me restate what everybody in Massachusetts state government should know by now. First – there is currently no likely path for the Mashpee to get land into trust. Second – even if they did a class two casino is not viable.
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The state is pulling a Middleboro – rushing through a complex deal with questionable economic benefit without doing it’s due diligence. It is using the longshot of a Mashpee indian casino to sell commercial casino legislation. They are trying to marginalize casino opponents by writing off their arguments as moralistic or painting them as anti-jobs. The fact is that the modest revenues being projected will be eaten up by costs – which is why the state has done a benefit analysis but not a cost-benefit analysis.
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Why can’t casinos ever be discussed on the basis of their merits and their problems? Instead we get distortion, rush jobs, and refusal to look at the costs.


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  1. ebenezer attaquin
    June 30th, 2010 at 12:59 | #1

    They continue to ignore the elephant in the room, the fact that the SCOTUS has ruled that the BIA can’t put LIT. The only path is through federal legislation. Senate majority leader is from Nevada, whose casinos are in danger of losing revenue to new casinos nationwide. I would count a majority of states’ congressional delegations opposing LIT for gaming.

    Cromwell’s “hybrid” idea is a joke. What is the motivation for the state to share? That ship has sailed.

  2. June 30th, 2010 at 13:06 | #2

    What I like about you ebenezer is that you are honest about the situation. If something changed and a Mashpee/Middleboro casino had a high likelihood I wouldn’t be here saying “It ain’t happening”. Your leaders, my leaders, and state legislators are floating fantasy as fact and just making stuff up. It’s annoying.

  3. Nancy
    June 30th, 2010 at 16:27 | #3

    The state is projecting yearly revenue of 450 million dollars. That is only one-sixty-seventh of the state’s 28 Billion dollar budget. Does it seem that casinos are worth so little in revenue that the COSTS outweigh the benefits?

  4. June 30th, 2010 at 21:14 | #4

    Congress offered a bandaid on a severed artery when they offered gambling to Native Americans as ‘economic development.’

    There is a great deal historically wrong beginning with the ‘Sovereign Rights’ issue that has allowed many Tribes to be cheated both by their own corrupt or incompetent leadership and by their own lack of expertise. In that case, I’m thinking of some of their lands that have been contaminated by hazardous waste dumps, mine tailings, polluting coal-burning plants, mineral rights and land sold, and so on.

    Gambling was simply one more opportunity for Tribes to be exploited, cheapen their heritage, sacrifice their culture to wealthy masters and expose greed clearly.

    Pity!

  5. June 30th, 2010 at 21:39 | #5

    @Nancy
    The most recent Innovation Report (hastily prepared for the Senate for $80,000) echos estimates of others that $1 billion is flowing out of the state and the state would ‘re-capture’ about 50% of that amount – or $500 million.

    Taxed at 25%, state revenues would be $125 million.

    The Spectrum Gaming Report prepared for the Governor that cost $189,000, determined that lottery losses would be $144 million.

    Regardless of opinions regarding the lottery, it provides direct aid to cities and towns at a time when local aid is being cut.

    When one calculates the cost of the bloated regulatory bureaucracy, where is there $450 million? That’s why no one wants to conduct a cost/benefit analysis.

    The Senate bill is mandating an investment of $600 million.

    Has anyone considered what you get for that price? A fancy slot parlor!

    That’s what Sand provided in Bethlehem, PA after promising 1825 jobs, Sands created 780 JOBS with 3,000 Slots, Massachusetts would need 20 Slot Parlors to create 15,000 JOBS. (That’s almost 4 slot machines for each job.)
    http://middlebororemembers.blogspot.com/2010/05/sands-promises-promises-promises.html

    The jobs aren’t there. The few that are are low wage and hundreds of jobs, not thousands.

    The revenue isn’t there. The costs are pretty steep.

  6. June 30th, 2010 at 22:03 | #6

    I’m glad you wrote about this. The Senate is indeed pulling a Middleboro, and driving many of us who lived through it crazy (again). I mean, how many times do you have to bring back the broomstick of a dead witch before people start to actually believe she’s dead.

    When we try to give Rosenberg information, he gives us the brush off. As if no one who’s lived this nightmare for over 3 years could possibly have a clue.

    Now, Rosenberg is trying to sell the Senate the idea that the Tribe will resort to bingo.

    He’s also assuring the Senate that the Mashpee were recognized before 1934 and that CvS is only a flesh wound. Behold

    There is a great deal of work still being done to understand the full implication of Carcieri. It says that if a tribe did not have a relationship with the federal government prior to 1934, you are not entitled to land in trust. Let’s take it to this moment at this place. There is ample evidence based on people who study the ethnic background of tribes that there is a clear relationship between the Wampanoag and the federal government before 1934. The attorney with whom we have spoken, and Sen. Spilka of Framingham and I have had in-depth conversations on this, the tribe almost definitely will be able to demonstrate its relationship with the federal government. We’re trying to inform this debate as best we can. The unbiased information we’ve been able to collect indicates they had that relationship.

    I mean, where do we even start with this?? Not that they’ll listen to us anyway since we’re just lowly peasants members of the public.

    These hearings have been grotesque. Murray and Rosenberg milk the Senate’s ignorance. Cromwell milks Rosenberg and Murray’s ignorance. They all use each other to forward private agendas. Lawyers know all. The public is ignored.

    Yup. Another Middleboro.

  7. June 30th, 2010 at 22:30 | #7

    BTW – for those who haven’t seen it – Gladys has an excellent post on bluemassgroup about all this.

    Rosenberg can’t possibly be this inept/evil. Why is he intentionally misstating the effect of Carcieri v. Salazar? Follow the money. How much do you want to bet that state legislators will push the Mashpee Casino Panic Button to garner support and then give the Mashpee nothing at the end of the day?

    I have to say that I’m disgusted by the whole thing. Middleboro still competes for the Inaction Hall of Fame and has almost no understanding of the situation despite being in the center of it for over three years. It was only a few short months ago that a letter from Middleboro to the tribe referred to the impending LIT fix from either a Carcieri fix or some sort of magic Obama edict. All that hopeless optimism for a pittance that will be sucked up by the next overly generous raise or benefit injection. The Massachusetts Dance is the same is the Middleboro dance – the steps are the same, the music is louder, and there’s more people trying to rip off the cover charge.

  8. When will they learn?
    July 1st, 2010 at 00:08 | #8

    Bumpkin – the problem here is that shortly after the Carcieri decision the BIA sent letters to the tribes that had applications pending. The letters advised the tribes to consult their lawyers as to the legality of their applications. Since then, there has been little to no activity on the back log of applications.

    Understandably, this has frustrated various Indian tribes who have been complaining that there are valid and legal applications which are being ignored. Carcieri has inadvertantly effected everyone.

    So Salazar has sent a memo asking the BIA to evaluate the pending applications for applicable legal statute and to process those applications where there is authority for them to do so.

    The only thing happening now is that he has taken the responsibility of evaluation out of the hands of the tribes and placing it within his agency.

    But hey, don’t take my word for it. A few calls to DC by anyone willing to take the time to do so will net the same information.

  9. July 1st, 2010 at 13:57 | #9

    No one can fault an American whether Native American or not, for desiring to escape all taxes and regulations. What a life!

    The abuse of the system created both Carcieri and the Hawaii decision and the most recent changes intended to prevent “Reservation Shopping.”

    The Mashpee Wampanoags’ historical ties to Middleboro have been challenged. The distance between the land they claimed in their application as being their home too great to fulfill the BIA’s requirements. The justification in the Fall River site even more questionable.

    There seems nothing that reduces the issue more simply than the Hawaii decision —

    Within weeks of the 8-1 Carcieri v Salazar decision, a second
    strike on fee to trust was issued. This time it came from a case
    originating in the state of Hawaii. In the 9-0 decision on Hawaii
    v. the Office of Hawaiian Affairs. Justice Alito wrote, “It would
    raise grave constitutional concerns” Congress sought to “cloud
    Hawaii’s title to its sovereign lands” after it had joined the
    Union. “We have emphasized that Congress cannot, after
    statehood reserve or convey….lands that have already been
    bestowed upon a state”. How many readers of this paper could
    be effected by issues concerning land that has been “bestowed
    upon a state”; as an original colony, through disestablished
    territory or when the territory entered into statehood?

    Simplified versions may be found here –
    Opinion Recap: Hawaii v. Office of Hawaiian Affairs
    SCOTUS WIKI

    It’s easy to envision years and years of expensive litigation if the Senate passes this disaster with their flawed logic and provides preferential treatment.

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