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Casino Friend focuses on the
Middleborough (Middleboro), Massachusetts Mashpee Wampanoag Resort Casino
 and features news and opinion plus a forthright discussion about the pros and cons of a Middleborough Casino.
Hal Brown, Editor and Publisher

Archives for February, 2008

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Mashpee "ready to negotiate a compact that would give (them) the opportunity to address the (concerns) raised..."

2/29//08 Tribe spokesman Scott Ferson is quoted in today's Boston Herald as saying that " the tribe is ready to negotiate a compact that would give us the opportunity to address the (concerns) raised by the governor and local communities." (Read article here.)

The article notes that the governor's aide are scheduled to meet with representatives of the tribe next Tuesday. The Herald indicated that a source informed them that the "administration is seeking to maintain close ties with the tribe in case the governor’s plan fails in the Legislature."


Misstatement in Globe South article: Clearing up the confusion about casino friends and Casino-Friend.com

2/29/08 In today's Globe South article, "Officials irked by letter on casinos", it says "Hal Brown, founder of a pro-casino group called CasinoFriends" and goes on to quote me about the letter referred to in my article "By Anonymous" (right column). This of course is an error as I did not found what evolved quickly into the pro-casino group.

During those first days of the casino controversy I worked along with Joe Frietas and Kathy Ryan with getting this website up and running.

The pro-casino group of "casino friends" never gave itself a name and among the public and press there was often no distinction between the group and the website named "Casino-Friend".

There's no mystery as to why the website and the group were seen by many as one and the same.

Unlike the group opposed to the casino, CasinoFacts.org, the group organized to support a casino did not have an official website.

Another reason is that I was often interviewed by the media to express the pro-casino side.

The first set of lawn signs included the website address even though we had nothing to do with them. Also, the only pro-casino bumper stickers distributed were those that said "Casino-Friend.com", which this website did pay for.

There is still a group of casino friends, however it doesn't have a name. That group is not affiliated with this website.


Rep. Calter addresses, questioned by, Middleboro selectmen, contradicted by new study

2/26/08 There wasn't much new to be learned from anyone who heard Rep. Tom Calter address CasinoFacts, as his remarks were almost identical when he read them to the Board of Selectmen last night. It seemed that the only difference was that his delivery to the Casino Facts audience was much smoother which his presentation to the BOS was full of pauses and punctuated by frequent banging on the podium with the side of his hand.

In the end the only thing new was his promise to try to arange for the other Middleboro state representatives, Canessa and Straus, to meet on a regular basis with a yet to be named group of Middleboro officials.

What I found the most interesting is that some of the arguments against a local casino emphasized by Calter were refuted in a study published in the journal Connecticuit Econmy reported on in today's Boston Herald: See "Casino gamble hasn’t hurt Connecticut towns."

You can read the entire article here:"Spill-Free Gaming: Connecticut's casinos generate few adverse spillover effects."


Vic Sylvia, active in Middleboro politics, putting together the ALS registry, and early pro-casino advocate, dies last night


Vic and Marion Sylvia at the Town Meeting vote. (click to enlarge)


Click each image to enlarge

2/23/08 We have confirmed that Vic Sylvia unexpectedly passed away last night. As further information becomes available we will post it here. He will be sorely missed.

On a personal note, I feel fortunate to have gotten to know Vic as we both got involved in the casino controversy. I sat with him many times on the bench in front of Town Hall where he'd often be the only one holding a Welcome Wamapaoag sign. Everything he devoted his time and energy to he was passionate about.

When we missed seeing each other for a week or two he'd always call me to ask how I was doing because he genuinely cared about my well being, thinking that our not crossing paths might mean I was somehow indisposed. He was a true politco, yet it was only as an afterthought that he would he ask me if there was anything new going on that he might have missed hearing about.

Vic, with his colorful shirts, suspenders, his trademark indian string tie, and his willingness to broadcast his sentiments with a sign, could be dismissed by his crtics as an eccentric. The fact is that signs aside, when Vic spoke, people listened. Perhaps in some ways he was eccentric. But if that's the case, this town could use more like him.

More from The Enterprise.



Shawn Hendricks, left, giving the first $250,000 to Adam Bond for the Town of Middleboro (click to enlarge)

Mashpee tribal chairman Shawn Hendricks interviewed on Adam Bond's radio show

2/21/08 Shawn Hendricks, chairman of the Mashpee Wampanoag council was interviewed for about 45 minutes on Adam Bond's radio show. Most of what he talked about was familiar to those following the casino story.

One of the first things he explained was his definition of what it meant to be a sovereign indian nation on land into trust. Some critics have likened this to having a country within in our country and painted farfetched scenarios of the consequences. Hendricks said it was equal to being another state with its own government that was still subject to all federal laws and regulations just like any other state.

Those hoping to see a drawing or plans for the new casino will be disappointed because he said planning has not gone that far. He said that what will be revealed soon is the footprint of where the building will be sited.

His estimate for the land into trust to be approved remains at 18 months, and he said that once this happens building will begin immediately.

There was no time for callers to ask question of Hendricks.

Information on the program is at www.coffeeshoptalkam.com and listeners will also have access to the show's blog, where they can make comments regarding the program. The program can be on the air at 1460 AM, or heard streaming live online at www.1460wxbr.com.


The Exaggeration Free News proves the point: Education is the key

2/20/08 I'm not qualified to judge all the numbers presented in the first two editions of Casino Free Mass's newsletter, the Exaggeration Free News, but I can't fault the main article in their second edition (Feb. 12, 2008) titled "Do Casino Supporters Really Understand Slots?"

Before I identify myself as "a casino supporter" I want to clarify as I have previously that I support a casino in Middleboro and prefer that it be an indian casino on sovereign Mashpee land. I have no idea if the numbers that Governor Deval Patrick and Professor Clyde Barrow predict for three commercial casinos add up.

I will leave that to the experts, although I do want to insert here that I think those in the anti-casino movement who have attacked Barrow for allegedly taking money from the Gay Head Wampanoag in the past, seem to be implying he slanted his results for money. If true this should get him fired. It is a most serious charge. The other criticism faults his methodology in counting cars at Foxwoods and Mohegan Sun. This is essentially calling him incompetent at something so basic a first year graduate student could design the methodology.

As to the Exaggeration Free News question about whether casino supporters understand slot machines, there's no way to answer unless someone does a scientific survey. I assume some do and some don't. The explanation as to how slot machines are programmed to play on the gambler's psychology is valid and something I have written about before. The entire casino environment is designed to promote the ultimate goal which is to keep people who have lost coming back again and again for one of two reasons.

The first is that some think that eventually their luck will change they they will win the jackpot and be flush for life. Psychologically this is a dangerous thought pattern and can be the precursor to addiction. The second is benign. It is that they know that the odds of a big win are tens of thousands to one, but for various reasons they find the experience satisfying.

Casino gambling is divided roughly into two categories, the first is games where a modicum of skill may increase your odd of winning. The second, the games that make them the most money, are those where the gambler relies only on luck, and in many cases superstition. Craps, roulette and of course slots fall into the later category.

The more people can be educated about how only pure luck can "beat the house" the better to keep people from "betting the house" because they think they have a system. Unless you are a cyborg, nobody has a system that can beat a slot machine.

As long as gamblers play for fun and enjoy the ride, and yes, that may include free drinks and being treated like a special customer for some people, I see nothing wrong with casinos; that is with the caveat that fully funded addiction treatment and education programs be in place.

So kudos to Casino Free Mass for helping with the educational effort in their article describing how slot machines work.


March 4th meeting postponed, read more here.


Mark your calendars: Shawn Hendricks to be interviewed on Adam Bond's radio show

2/15/08 Mashpee Wampanoag Council Chairman Shawn Hendrick's will be the first guest on Middleboro selectman Adam Bond's new talk radio show, "Coffee Shop Talk", on local AM station 1460-WXBR. Hendricks has been a man of few words spoken in public, so this will give Middleboro residents an opportunity both to hear what he has to say about the land-into-trust process and the tribe's plans for a resort casino.

“I have been accused of not listening by quite a few people over the past several months. I believe that some of those people are confusing 'listening' with 'agreeing', Bond said in a press release. "I think we are all capable of intelligent, respectful debate and I look forward to hearing from a variety of view points, on a variety of topics,” Bond said of the show which he describes as a "controversial hour".

The program featuring the interview with Shawn Hendricks will air on Thursday February 21, 2008 at 11:00 AM. This is a noteworthy premier for a local show and should attact a considerable audience because Mr. Hendricks has granted very few interviews. He has agreed to do a full, uninterrupted hour with Mr. Bond.

Bond's press release says that listeners can find up to date information on the program at www.coffeeshoptalkam.com and will also have access to the show's blog, where they can make comments regarding the program. The program can also be heard streaming live online at www.1460wxbr.com.

Bond's show will air every Thursday from 11 – Noon. Adam Bond will welcome weekly guests to the program to discuss local politics, news and events – all of the things you typically talk about at your local coffee shop. Listeners are encouraged to call in with questions and comments.


From the Concord Hotel to General Custer: Could it get any stranger?

2/13/08 When I was in high school I used to drive my widowed grandfather to Catskills where he stayed at the Concord Hotel, one of the two most famous Borscht Belt resorts (Grossinger's was the other). Now the New York Daily News reports that investors are planning a $700 million renovation with a race track and a kind of New York State legal version of slot machines. The investors want to be ready if and when the state legalizes gambling on non-indian land. They anticipate that casinos in Connecticut, and soon in Massachusetts, will force New York to compete more aggressively to keep casino dollars in state.

"We're going to build a facility to the standards of a full-fledged casino. If the law ever changes, it would be able to convert to a legalized casino in a matter of months. We want to make sure we build a facility that can compete with Foxwoods and Mohegan Sun." Louis Cappelli, managing member of Concord Associates

Today the self proclaimed blogging great gadfly and unoffical publicist for a faction of the Mashpee Wampanog, Peter Kenney, compares Governor Deval Patrick to General George Armstrong Custer in a rather ambiguous blog titled "If Glenn Marshall is the Wampanoag Judas, what do we call the governor?", he says he could be the Custer to the Mashpee making it sound, at least to me, that this is a bad thing for the tribe. Perhaps I read this wrong, but it must be noted that Custer was defeated by Indians at Little Big Horn. Therefore, what he's saying is that the Mashpee Wampanoag will do to Deval Patrick what Chief Crazy Horse and a coaltion of Sioux, Cheyenne, and Arapaho did to General Custer.

A few days ago we learned that the Bailey brothers were hired by Casino Free Mass to work their magic to block casinos in the Bay State. I doubt these experts come free so it is an open question as to who among the Casino Free Mass coalition has the money to pay them.

Casino Free Mass, if you've forgotten, includes the group that was formed to oppose the Middleboro casino, CasinoFacts.org, the Massachusetts League of Women Voters, the Massachusetts Council of Churches and the Massachusetts Restaurant Association. Each group has somewhat different agendas but all but the restaurant association is more or less against expanded gambling.

Restaurants which include bars often have keno machines, a form of gambling, so they don't quite fit in with the other members of the coalition. But their motivations for opposing gambling seems to be mostly economic as casinos will bring substantial competition for the dinning out dollar.

Of all the groups in CasinoFreeMass, my hunch is that the restaurant group has the most to loose economically from casinos, and thus the most to gain by spending money to hire consultants.

CasinoFreeMass also has a new newsletter which they call "The Exaggeration Free News". In it they quote one of their own new consultants as follows: (See correction 2/16/08, right column):

In a column last Wednesday, Boston Globe Business columnist Steve Bailey disproved the myth that casinos will bring a high number of construction jobs. Bailey wrote: “Thirty thousand construction jobs? The $15 billion Big Dig, the most expensive public works project in US history, peaked at 6,500 construction and related jobs, says the Massachusetts Turnpike Authority. Robert Band, president of Framingham-based
Perini Corp., the casino industry's go-to contractor, estimated it would take between 1,000 and 2,000
construction workers about 30 months to build a casino like the one the Wampanoags are planning in
Middleborough. He said Perini is now building the $3 billion Cosmopolitan Resort & Casino in Las Vegas,
which includes a high-rise 3,000-room hotel. Construction jobs peaked at 2,600, Band says. It would, indeed, take some fancy new math to get the three casinos the governor wants to add up to 30,000 construction jobs.”

I don't know anything about the so-called "fancy math" Gov. Patrick used to come up with an estimate of 30,000 new construction jobs, and if he truly is exaggerating I welcome chapter and verse proving it. But even taking the low figures of Mr. Perini, these are still new jobs.

You can't discuss jobs without getting into the union issue, which adds another lyer of strangeness to this entire casino foofoorah. While unions such as the AFL-CIO, the state's largest union, are endorsing the Patrick plan, and other unions have supported the Mashpee casino, according to The Boston Globe "nonunion construction workers are opposing Governor Deval Patrick's casino legislation, arguing that it discriminates against them by encouraging developers to use union workers.:

In any case I hope that a group which publishes a newsletter with a title promising to be exaggeration free not only lives up to its name but balances its reporting with information that offers counterpoint to their arguments. For example, when they write about construction jobs, and lower slot revenues at the Connecticut casino (as they also do in their first newsletter) they should also take note of the new hotel being built at Mohegan Sun and the 3,000 new permanent jobs at Mashantucket's Grand at Foxwoods will bring to the surrounding area (see article).

Another aspect of lowered revenue from various kinds of gaming at these mego resort casinos may be that it is either a downturn being caused by the economy entering a recession, or the start of a trend where people are simply gambling less. If it is the former, when the economy picks up so will the amount spent on gambling. If it is the later, these facilities will have to put increased emphasis on the resort aspects of their facilites.

Meanwhile we have the town of Mashpee reaching an agreement with the Mashpee tribe whereby they won't building a class II or class III facility on the Cape. They are now going to support the tribe in its application for land into trust and for the Middleboro casino.

Also out on the Cape there's something called "Wampanoag Casino Resort Supporters of Cape Cod"*. I don't know who is in this group because they sent me a press release with no return address and a copy of a letter addressed to the Middleboro town clerk. They are asking for more advocacy support from the town of Middleboro and would like to have a ballot question on our April 5th election.

They say that the minutes of the May 14, 2007 selectman's meeting showed approval for such a question but I am not able to open the minutes on the town website to read them. This group says this vote was never rescinded.

*(I'm reporting on this because it is part of the story, but an advisory to whoever sent this unsigned material: I will not publish press releases unless there is thorough attribution, not just the name of a group I never heard of.)

On this side of the canal Middleboro is surrounded by towns intent on either thwarting a casino there, or assuring they get an acceptable piece of the mitigation action.

Strangest of all is what is going on with Governor Deval Patrick, who is intent on stopping the Mashpee's effort to run a reservation casino. While his reasons include Middleboro not being an appropriate site for environmental, police protection, and access reasons, he had to know most of these could be addressed, and my opinion is that these objections would "go away" if the tribe agreed to build a commercial casino in Middleboro.

While the anti-casino fervor is reaching a fever pitch, with several articles being published every week about the dangers of gambling addiction not only in the United States but around the world, more and more states and countries are expanding existing casinos or moving towards opening new ones.

At the same time, gambling continues as major part of the social fabric of modern society, and of economic engine of most states in the form of the lottery, keno, Las Vegas nights, dog and horse racing tracks (some as racinos), online betting and even church bingo. Online poker players and others are a group opposed to the Patrick plan for some interesting reasons adding yet another wrinke to this fabric of strangeness.

So while House Speaker DiMasi expresses concern about our state creating a "casino culture" within our borders, it is quite clear that like it or not, we are already a gambling culture.


Saving me the effort,
IndianZ.com writes an editorial
saying much of what I was going to say:

Governor Patrick tells two stories on casinos

"Gov. Patrick's letter to the Bureau of Indian Affairs is problematic. His purpose is not to argue that the Mashpee Wampanoags are unfit to build a casino; rather, it is to force the tribe to do it his way. That goal interferes with the administration of federal Indian policy, which exists to solve larger problems."

2/9/08 As the governor demonstrates his lack of understanding of the land-into-trust issue, about which readers of this website don't need a history lesson, here in Middleboro the Mashpee just presented the town with a second $250,000 to be used for for engineering plans for water, sewer and gas. (See article in The Enterprise.)


A remarkable story I missed:

BIA has no email, no Internet at all


Lots of news in January:

January, 2008

 

 

U.S. Supreme court agrees to hear Rhode Island case which could have impact on Mashpee casino plans

2/26/08 Most complete article from Providence Journal.

2/25/08 The United States Supreme Court accepted the case of Carcieri v. Kempthorne, 07-526, which Massachusetts Attorney General Martha Coakley signed onto. (See link for actual case material) .

This is a case about "whether a 31-acre lot in Charlestown, R.I., purchased by the Narragansetts should be subject to Rhode Island law, including a prohibition on casino gambling, or whether the parcel should be governed by tribal and federal law." This was reported in today's Brockton Enterprise (Link) . A post on the Native American website Turtle talk (Link) predicted that the high court wouldn't hear the case.

According to The Enterprise our "attorney general felt it was important for the U.S. Supreme Court to clarify the Indian Reorganization Act of 1934." What exactly that means as far as what she think of the plans for a Mashpee Middleboro casino remains to be seen.


 

My comments on Channel 5 report:

"Why You Won't Hit the Jackpot If You Get Hurt At A Casino:
Tribal Laws Discourage Lawsuits, Limit Damages"
(LINK)

Related article, by coincidence just published February 19th, sheds light on the Mashantucket Pequot Tribal Court and should be read in conjunction with this article. It appears that The Westerly Sun did a great deal more research into the tribal court covering Foxwoods than Boston's Channel 5.

Added: 2/23/08 - Adam Bond also addresses this subject in his Coffee Shop Talk blog: Imagine any sovereign overseeing limiting its liability!!!! GADZOOKS, LET STRING EM UP!!

2/23/08 The facts of the case where a customer at Foxwoods was grievously injured in the parking lot by a casino valet driving another vehicle are not in dispute. The article focuses on what they believe is the intrinsic unfairness of the fact that because the case has to be tried in tribal court, they think that the plaintiff will be shortchanged.

The report quotes the attorney representing the plaintiff as saying " "basically they limit the damages to twice your out of pocket expenses."

There is no clarification as to what the word "basically" means, although we are left with the impression that the victim, who lost his leg, can't be awarded damages for pain, suffering and monetary compensation for the lifelong disability. Because a spokesman for Foxwoods refused comment because of the pending litigation, readers and viewers are only hearing one side of the story.

Some light is shed on tribal policy in general in a response by the chief of staff of the Mohegan tribe about a civil case that arose out of an incident at Mohegan Sun. When he was asked "if the patrons at a disadvantage because of the way it is set up on tribal land" he replied "It's fair. It's fair to the person that's injured. It's not about making attorneys rich. "

The subtitle of the Channel 5 article, "tribal laws discourage lawsuits, limit damages," isn't given credence by anything in the article because it only presents one side.

The article itself is a public relations boon to the plaintiff in this case because it may put public pressure on Foxwoods to award him a large settlement.

An overriding issue relates to the fact that reservation lands aren't really sovereign "nations" the way other countries are. They are far more akin to sovereign states.

Herein may be the problem if, and only if, a person can't be judged, or have his case decided by, by a jury of his peers in a case under the jurisdiction of a tribal court.

American jurisprudence has as one of its bed rocks the right of a citizen to be judged, whether in a civil or criminal case, by a jury of his peers. Unfortunately the Channel 5 report cited above misses this crucial point in trying to sensationalize a tragic case.

If you travel to Singapore or Turkey and get involved in their court systems, you expect to answer to laws very different from the laws you'd answer to if you traveled to Texas or far away Hawaii. In other countries you wouldn't expect to be judged by a jury of peers for obvious reasons.

I don't know anything about tribal courts. I do not have the time or expertise to look into this but the The Tribal Court Clearinghouse seems to be an excellent resource for further information.

It seems to me that if tribal courts are going to deal with non-tribe members who either have a civil action against the tribe on casino land, or in a criminal case, if they don't provide for a jury system to resolve disputes or other cases they should. If that jury system can't be made up of peers of the plaintiff or defendant, something should be done to remedy the situation.

Hopefully we will learn much more about what to expect from the tribal court as we move towards what I will expect will be some 500 acres of what used to be part of Middleboro and part of the Commonwealth of Massachusetts becoming the sovereign Mashpee Wampanoag nation.

Those in the anti-casino faction who my be tempted to suggest that the Mashpee will be running some kind of banana republic when it come to judicial proceedings at the resort casino needed to be disabused of this fanciful notion.


Connecticut soon to have three casinos compared to Massachusetts' zero

2/20/08 The construction of the MGM Grand as a separate but connected to Foxwood's resort, convention center and casino may lead some Massachusetts legislators to reconsider their anti-casino stance. Read article "Casino industry growing in Conn." here.


Dubbed "modern day indian fighter", he now works for Casino Free Mass

2/17/08 The Boston Herald called Dennis Bailey of Maine that "casino killer"; but according to Rep. Donna Loring, the Penobscot Nation's representative in the Maine Legislature, he's is just an opportunist motived (sic) only by money. "I think he's just sort of happened upon a job that pays very well. It's sort of like a modern-day Indian fighter," she is quoted as saying in the Morning Sentinel.

If Rep. Loring, who also said "I believe he's very sharp, and I think he's a very aggressive, take-no-prisoners kind of guy" is right, we may see a change in the manner that this battle is being fought in Massachusetts. She believes that Bailey "destroyed" the Maine tribes' hopes for economic self-sufficiency.

Pollster for the anti-casino campaign in Maine Christopher Potholm, said:

"Your biggest danger is not from your opponents, but your friends. Your friends not only want you to win, but to win their way. Dennis is very good at getting people on his side to follow his strategy."

Many of us in the pro-casino movement have come to know and respect the oppostion. While both sides here have been assertive, only rarely have they become aggressive. I think that if Dennis Bailey goes over the line between these two ways of expressing advocacy for a cause, CasinoFacts will tell him that isn't acceptable in Middleboro.

It is interesting to note that in Maine Bailey fought the indian casino ballot proposal and not the racino measure, and the later won. Thus the race track in Bangor now has 475 Hollywood Slots, and has plans to expand.


Correction:

Doug and Dennis Bailey, twins, were hired by Casino Free Mass, not related to Boston Globe reporter Steve Bailey

2/16/08 In the article "From the Concord Hotel to General Custer: Could it get any stranger?" (2/13/08 left column) I mistakenly identified Boston Globe reporter Steve Bailey as one of the brothers hired to help Casino Free Mass oppose casinos in the state. He is not reated to Doug and Dennis Bailey. Doug Bailey worked for the Boston Globe as a reporter and editor. I regret any confusion this caused and the implication that there might be some conflict of interest on the part of Steve Bailey, the reporter who currently works for The Globe.


Regional casino task force won't oppose Middleboro resort; former town moderator spins anti-casino vote

2/14/08 Responding to the request from Acushnet Selectman David Wojnar Wednesday night , who wanted the task force to vote to oppose the Mashpee Wampanaogs' efforts to open a casino on sovereign land, chair Nancy Yeatts, a Lakeville selectman, expressed her position in the Standard Times as follows:

"I go back to our charge." Rather than taking positions "We're here to investigate any and all impacts of a casino and to make sure they are addressed," she said, suggesting the group might be "taking on too much" in adopting a stance. LINK

This suggests that the towns surrounding Middleboro aren't uniformly against a casino there, rather they want to be sure they participate in mitigation efforts and share funds.

That non-binding "no casino" vote

The non-binding vote taken at the Middleboro town meeting as to whether residents did or did not want a casino keeps being brought up as representative of the true wishes of the town. This time a former town moderator, Robert M. Desrosiers, puts his own spin on a vote that was announced as non-binding and was held after the yes vote on the agreement between the tribe and the town.

Pro-casino residents and town officials observed numerous residents leaving after the binding agreement vote, which was held after they already been sitting for hours in the hot sun. Outspoken anti-casino residents have been curiously silent on this exodus of voters.

While Desrosiers accurately points out that there has only been one pure yes or no vote on whether to have a casino, he adds the following spin which suggests that the largest ever town meeting voted no:

If one can summarize the position of the townspeople based up a Town Meeting vote - and it was the largest Town Meeting ever - then one could accurately say that the people of Middleborough oppose a casino, but favor having an agreement to mitigate the damage caused by one if it cannot be stopped. Until a broad-based referendum is held, it would be inaccurate at best and deceptive at worst to continue to argue that Middleborough supports the casino. Letter in 2/14/08 Boston Globe.

I have talked to several people who told me they had mixed feelings about having a resort casino in Middleboro but voted for the agreement because they believed that there was a good chance it would come no matter how the town voted, and they didn't want the town left out in the cold without an agreement. But by far most of the pro-casino voters I know said they voted for the agreement and, if they stayed for the non-binding vote, for the casino, because they thought it was best for the town.

If Desrosiers and other anti-casino residents have a referendum on a Middleboro casino it will be non-binding and as long as the tribe is pursuing a land into trust casino, can only be used to influence their application with the Bureau of Indian Affairs and the Department of Interior. A close vote might have little if any persuasive value, and a significant yes vote would work in the tribe's favor.

The closest thing to a ballot question the town has had on the casino since town meeting was the recall election where all pro-casino members of the Board of Selectmen who were running kept their seats despite efforts by anti-casino candidates to defeat them.

The only way Middleboro residents will have a binding referendum, if I read the governor's plan correctly, is if the state wants to license a commercial casino in Middleboro.

Thus if anti-casino forces really want another bite of the apple and believe they are in the majority, perhaps they should support the governor's commercial casino plan.


 

Quote of the day: Wayne Perkins, Middleboro selectman

2/10/08

"I see this as a power struggle... (Gov. Deval Patrick) ... never even made an effort to talk to us in Middleborough and is seeking to stop the Middleborough casino plan, which the town supports, because obviously, he's concerned the state isn't going to get the money he would like them to get. The governor's not happy because they're not playing by his set of rules, but by their own rules. He cites a ton of issues he has with the Wampanoag proposal for Middleborough," Perkins continued. But then he says that three commercial casinos in the state would be fine. How are three better than one?" Wayne Perkins, Middleboro selectman, The Boston Globe: "Patrick's stance irks some in town, but casino critics say region benefits".

Gov. Patrick and Rich Young are strange bedfellows

2/10/08 Rich Young came to prominence as leader of the anti-casino CasinoFacts.or, and became a prominent spokesman when he replaced Jacquie Tolosko as their president. The group rallied support against having a casino in Middleboro. When a statewide anti-casino coalition was formed, calling itself Casino Free Mass, Young also became its president. (See "Casino opponent join forces", Cape Cod Times, Oct. 27, 2007).

Young is quoted in the Boston Globe as saying "what the governor has done is show Middleborough is not the right place for a casino. For those of us who have been fighting this, this is vindication. Now they will have to address every one of the concerns the governor raised, and that will make the process much longer and much more complicated."

The irony, indeed, the contradiction in Young's position is that he is applauding Governor Patrick's action in trying to thwart the Mashpee plan for a Middleboro casino while conveniently ignoring the fact that the governor is aggressively pushing a plan for three casinos in the Massachusetts. Young is against any casinos in the state.

Unless I missed it, the governor specifically hasn't ruled out Middleboro as a site for one of the casinos as long as it is regulated by the state.



California tribe is last stages of land into trust for casino

2/9/08 It's been a long road for the Elk Valley Ranchera tribe of California, beginning in 2003 ( see timeline ); but it appears that they are at the last hurdle before they have some 200 acres of land put into trust so they can build a resort casino. The project will be located on what is now the Martin Ranch, a mile south of the city of Crescent City, California, bordering on an area of wetlands and the Pacific Ocean.

This was just published in the Federal Register:

The Assistant Secretary--Indian Affairs made a final agency
determination to acquire approximately 203.5 acres of land into trust
for the Elk Valley Rancheria of California on January 4, 2008. This
notice is published in the exercise of authority delegated by the
Secretary of the Interior to the Assistant Secretary--Indian Affairs by
209 Departmental Manual 8.1.

SUPPLEMENTARY INFORMATION: This notice is published to comply with the
requirement of 25 CFR 151.12(b) that notice be given to the public of
the Secretary's decision to acquire land in trust at least 30 days
prior to signatory acceptance of the land into trust. The purpose of
the 30-day waiting period in 25 CFR 151.12(b) is to afford interested
parties the opportunity to seek judicial review of final administrative
decisions to take land in trust for Indian tribes and individual
Indians before transfer of title to the property occurs. On January 4,
2008, the Assistant Secretary--Indian Affairs decided to accept
approximately 203.5 acres of land into trust for the Elk Valley
Rancheria of California under the authority of the Indian
Reorganization Act of 1934, 25 U.S.C. 465. The 203.5 acre parcel is
located in Del Norte County, California. The parcel will be used for
construction and operation of a class II and class III gaming facility.

LINK

Since the 30 day period has passed, presumably the next announcement will be the decision as to whether land into trust has been approved.


 

Indian Gaming Commission publishes new rules

2/1/08 "SUMMARY: The rule adds new sections and a new part to the Commission's regulations that require tribes to adopt and enforce standards for facility licenses. These standards will help the Commission ensure that each place, facility or location where class II or class III gaming will occur is located on Indian lands eligible for gaming as required by the Indian Gaming Regulatory Act. The rules will ensure that gaming facilities are constructed, maintained and operated in a manner that adequately protects the environment and the public health and safety."

A cursory reading of this 10 page single spaced documents seems to indicate that most of the comments submitted to the commission were critical of tribal sovereign rights in the operation of casinos on reservations, and most of the responses were in favor of the tribes. Many of the areas address had to do with the environment. Reading these would make sense for anyone planning to make comments at the March 4th or March 5th meetings with representative of the Bureau of Indian Affairs.


Lots of news in January:

January, 2008

 

 

 

 

It's real. It's serious. But because Middleboro almost certain to host a resort that is also a major casino, we should learn the basics about this psychiatric disorder.

What is compulsive gambling?
 

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