Now you are expecting the government to do something that make sense. Good luck with that.
Marvin,
" … how about lobbying the state to shut down or severely limit state roads that go to reservations unless state citizens are given standing to sue in egregious situation? It would take about 5 minutes for the casino and tribe to cry uncle.
Heck, a clause like that should be included by states in the compact with tribes."
That would be tantamount to a declaration of WAR. A Sovereign State is no different than a Foreign Country.
I am tired of re-telling the tale of how in 1985 The N.Y. State Police, under direct orders from the Governor N.
Rockefeller, entered the St. Regis Reservation to shut down the "ILLEGAL" casino and bingo hall. They were met
with a hail of gunfire and N.Y.S. roads being barricaded with burning tires, etc. The Attorney General had to
inform the Governor that he cannot have the State Police leave NY and pretend to have any jurisdiction on an
Indian Reservation.
"State Compacts", across America, are enacted, wherein the N.A.I.E. pays a cut of their profits to the state.
The last time that I drove through, on the sole State Road that enters/exits the reservation,
there is still a billboard that says that State and Federal Agents, including the F.B.I., A.T.F.,
I.R.S., are not permitted to enter the Rez' and must turn back.
Like I said, a total longshot. But, in most states, the total casino tax revenue is a small % of total state revenue. If you know someone with enough juice to at least raise the specter that something like that could happen, the tribe would likely toss the offending parties under the bus.Originally Posted by Marlene
Shutting down I5 south of San Diego is not the same as declaring war on Mexico. It is the US's sovereign right to do so.
Shutting down a state road before it enters a foreign land (reservation) is not the same are invading the reservation. The states are not powerless, they just usually chose not to exercise their power.
In 1985, how long would the tribe have held out if the state shut down the only road leading to the reservation? No state trooper needed to ever set foot on tribal land.
Just don't act like a jackass and if something happens that requires justice realize that it will not come via the state or the Rez authorities. You will need to seek other channels. Justice can come in many forms. People will only push as far as they are allowed to. Revenge is a dish best served cold.
Certainly check with a lawyer. If a tribe waives immunity, suits can be brought in state court. I've read that some tribes have waived immunity from civil suits as long as the damages would be paid from their insurance.
It would also be interesting to know if a tribal casino is owned by a corporation, and the corporation does business outside of the reservation, could the corporation be sued.
"I don't think outside the box; I think of what I can do with the box." - Henri Matisse
I am not a lawyer but I play one on the forum. LOL
Just kidding. I would think it would be like taking a company to an american court for what they did in another country. I don't think you can do that. Perhaps the location of corporate headquarters would come into play but If the US courts ruled against the corporations it would just make even more corporate headquarters moved offshore.
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