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Choctaw proposal to expand gaming under fire

Posted on July 14th, 2010

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The Mississippi Band of Choctaw Indians are planning an expansion of gaming into the Bogue Homa Reservation. The expansion plans are currently under fire over three main concerns. First is whether the 1992 gaming compact made between the state and the Choctaw tribe is valid and if the tribe has legal rights to expand gaming beyond the Pearl River Reservation where Silver Star and Golden Moon casinos are operational. Second issue is identifying who will be responsible in funding the additional constructions, law enforcement and public safety costs related to the casino project. And last, whether the casino project is agreed upon by the tribe majority.

The proposed casino project in the Jones County includes video poker machines, over 500 slot machines and a snack shop housed on a 27,000 square foot metal building. The Choctaw tribe estimates job creation for 250 people for this project. An $18 million investment is said to be required for the project. The project was not without any opposition. Residents of Jones County who oppose the said project, the Mississippi Coalition for Family and Community Values, are organizing public meetings at the Cameron Center.

In a press release released in their official website mscfcv.org, group members and Jones County locals share their sentiments. One resident of Sandersville, Tammy Robinson weighed in on the situation. “Even though the reservation has its own law enforcement, what happens out there impacts the larger community, until we know how this planned casino will affect our community’s roads, bridges, water and sewer, fire and police protection, construction should stop to ensure we don’t have to pay for these increased costs.”

Another resident of Laurel, Sharon Barham explains the opposition is not targeting Choctaw people. “ Some have tried to portray this opposition as an attack on the well-being of the Choctaw people. We want our brothers and sisters in the Bogue Homa community to prosper, and are happy to support positive developments that will be good for their community and its members. Clearly this casino proposal is already damaging the trust and cooperation that currently exists between them.” The next step for the project is for lawmakers to decide on the matter since residents of Jones County and other Choctaw Tribe members oppose the casino project. The three major issues surrounding the expanded gaming project are answered quite differently by opposing groups.

They say that with regards to the validity of the compact, unless the state offers the same government services, like funding for roads, law enforcement,schools , health care and fire protection, as those outside the reservation, the compact cannot be changed, nor will the tribe agree to be taxed by the state. The compact indicate that the Mississippi state cannot impose tax on Indian gaming. Mississippi state casinos are subject to 12% tax. In other states, tribal gaming expansions have also faced legal battles. Former New York Governor Marion Cauomo made a similar compact with the Oneida Indian Tribe in the state of New York. This was a year after Governor Kirk Fordice made a compact with the Choctaw Tribe. The Oneida tribe also faced battles with the opposition and opposing groups whoe even challenged whether or not the compact was actually approved. Oneida sought the help of Department of the Interior’s Bureau of Indian Affairs in 2007. The Oneida compact is said to be “ considered to have been approved” under the Indian Gaming Regulatory Act and that will be in “no process to revoke the approved “ according to the bureau.

And for the last concern about the funding, the compact dictates that the tribe and the state “shall mutually agree upon a budget” to cover for costs. The tribe is to be pay quarterly payments to the state. In the question whether the casino project has the majority vote of tribe members, the answer is yes. It is said that at least the majority of the Tribal Council members support the casino project unless a referendum is authorized. In the end, the compact is still in a sound state, but the challenges still stand as opponents of the casino project may be using their well defined legal options to fight off the Choctaws when the casino project reaches litigation.