Hold off on casino compact legislation

We’re not sure what's going on between the Seneca Nation of Indians and State Sen. Tim Kennedy, but the late push for legislation affecting a new gaming compact between the tribe and the state is plainly in trouble. Part of the proposed measure is necessary but could be taken care of later; another part may be appropriate but seems rushed as the 2023 legislative session hurtles toward its end. For that reason, it’s better for Albany to hold off on this, giving both sides an important opportunity to show they are ready, in good faith, to negotiate an agreement that is both fair and readily enforceable.

The existing compact, signed in 2002 when George Pataki was governor, expires on Dec. 9. Before a new one can be signed, the Legislature must approve a bill giving Gov. Kathy Hochul authority to enter the agreement. With the help of Kennedy, a Buffalo Democrat, the Senecas are pushing a bill to do that. It might be better if it happened now, before legislators leave Albany, but it’s not essential. There are other ways for it to be accomplished later in the year and no one should doubt that it will. Too much money is on the table – for the Senecas, for the state and for the localities where their casinos are located: Niagara Falls, Buffalo and Salamanca. This is going to happen.

More important to the Senecas is a clause that would give the Senecas the right to sue New York if they believe the state is negotiating in bad faith. President Rickey Armstrong Sr. is quick to say he believes that discussions are proceeding in a hopeful way and notes that if that trend continues, the matter would be moot. Nevertheless, based on a quirk of law, the Nation wants the protection other states have offered to Native American tribes that own casinos.

The issue is this: While the federal Indian Gaming Regulatory Act establishes standards of fairness, including the right to sue if a tribe believes a state is not negotiating in good faith, a decision by the U.S. Supreme Court undercuts that right. To retain it, a state must waive its sovereign immunity. California, Washington and Michigan have done so. The Senecas want New York to follow suit.

Continue Reading Article Here.