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Friday, May 30, 2008
Casino Editorial Misses Points
By David Norvell
Chairman, New Mexico Gaming Control Board
While the Journal is certainly entitled to its opinion — and opposition — to the expansion of legalized gaming in the state, its editors should keep in mind that it was Gov. Bill Richardson who led the charge for strict limits on gaming.
The Journal, in a 2007 editorial, endorsed the gaming compacts negotiated by the Richardson administration and several New Mexico tribes. “The Legislature should double-down for the long-term predictability and added regulation the new compacts provide,” the Journal stated.
That same predictability also applies to out-of-state tribes like the Fort Sill Apaches of Oklahoma that try to bypass federal and state laws in order to make money in New Mexico
Yet, in the editorial “Out-of-State, Out of Luck,” the Journal mischaracterizes the state's and Richardson's opposition to a plan by the Fort Sill Apache Tribe to open a high-stakes casino on federal trust land located near Deming. I'd like to set the record straight.
First, the editorial uses a partial quote from the governor to justify the Journal's opinion that blocking the Fort Sill plan does not necessarily stop the expansion of gaming. Of course it doesn't. But it does, as the governor claims, prevent the expansion of gaming “beyond what has already been negotiated.” That's important because the governor and the Legislature, following negotiations with New Mexico tribes, set firm limits on how much gaming will be allowed. The Fort Sill plan would have been an expansion beyond that.
Second, the Journal chooses to believe that somehow campaign contributions and “economic protectionism” drove opposition to the Fort Sill plan. The fact is that federal and state laws drove the opposition.
The state's position has always been that it would be illegal for Fort Sill to operate a casino on its trust land in New Mexico, and if Fort Sill went through the appropriate process the federal authorities would agree with the state's position.
It was only when Fort Sill threatened to open a casino without federal approval that the state, including the governor, took action to prevent that from happening. The National Indian Gaming Commission's legal opinion echoed our legal opinion, which is that Fort Sill does not have a legal right to operate a casino in New Mexico under federal law.
Third, the Journal concludes that the federal decision against Fort Sill does not mean that gaming is being “reined in.” Well, nobody ever claimed there would be less gaming as a result. The governor and the Legislature, working cooperatively with New Mexico tribes, made a policy decision in 2007 when they placed a concrete limit on the amount of gaming in New Mexico. The fact that the state Racing Commission is considering applications for a new race track, and has approved the transfer of an existing track, is exactly what was envisioned under the 2007 changes to the law. What Richardson did, and the NIGC opinion helps to do, is rein in illegal gaming.
Finally, Gov. Richardson was not the only elected state leader to oppose the Fort Sill proposal. Attorney General Gary King and U.S. Sens. Jeff Bingaman and Pete Domenici also opposed the plan.
David Norvell was New Mexico House speaker in 1969 and attorney general in the early '70s.
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