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Connecticut Attorney General To Tribal Casinos: No Smoking On My Watch
 
Friday, March 14th, 2008


Attorney General Richard Blumenthal of Connecticut

Unrest is stirring in the states of Connecticut, Montana, Nebraska, North Dakota, and South Dakota among a portion of the Native American population  This month, The Foxwood Resort Casino and the Mohegan Sun - owned by the Mashantucket Pequot and Mohegan Tribes, respectively - have locked horns with Connecticut Attorney General Richard Blumenthal over whether or the CT smoking ban should apply to the sovereign tribe.  In the other states (ND, WY, SD, and NE), the Republic of Lakotah - which numbers their Native American group at around 13,000 - are still protesting alleged mistreatment by the U.S. federal government.

Attorney General Blumenthal of Connecticut issued a formal legal opinion yesterday, concluding that "under the state's compacts with the Mashantucket Pequot and Mohegan tribes - the legislature has the authority to extend the state's smoking ban to Connecticut's tribal casinos."

According to the press release, "Blumenthal issued the legal opinion at the request of State Senate President Pro Tempore Donald E. Williams, Jr., Senate Majority Leader Martin M. Looney, Speaker of the House James A. Amann and House Majority Leader Christopher G. Donovan."

Blumenthal also insisted this will hold up all the way to federal court if need be.  The casino owners believe that their business will suffer considerably if subjected to the smoking ban, as their resorts are limited public places left in the state of Connecticut where smokers and nonsmokers can converge in peace.

They've expressed their willingness to meet with state officials regarding smoking in the casinos, but maintain that the circulation and air quality in their establishments is not a second-hand smoke health hazard, and that a state ban should not apply to their casinos because they have tribal sovereignty.  The Attorney General and leaders of the tribe are expected to continue negotiations.

As for the Lakotah tribe, they made an announcement to the U.S. Department of State in December of 2007 that they withdrew from all treaties between the federal government and the Lakotah Republic.  The Lakotah tribe's Republic consists of multiple sections of land, including areas of Nebraska (primarily in Omaha and Bellevue); Rapid City, South Dakota; Casper, Wyoming; and areas of Montana.

The withdrawal was signed by Native American activists Russell Means, Gary Rowland, Duane Martin, Sr., Canupa Gluha Mani, and Phyllis Young.  Lakotah is now considered an "unrecognized state."  Some Sioux tribal leaders, however - including Rodney Bordeaux, president of the Rosebud Sioux Tribe - claim that Indian actor/activist Russell Means was not speaking on behalf of all Sioux tribes (Rosebud has approximately 25,000 members).

According to Indian Country Today, Bordeaux acknowledged "Russell made some good points.  All of the treaties have not been lived up to by the federal government, but the treaties are the basis for our relationship with the federal government and also the basis for the trust relationship to our lands.  We're trying to recover the lands that were wrongfully taken from us, so we are going by the treaties...We do not support what Means and his group are doing."

A spokesman for the Bureau of Indian Affairs (BIA) told Indian Country that the "leaders" that signed the petition "are not legitimate tribal governments elected by the people.  These are just groups who don't have any government-to-government relationship with the federal government."

The Republic of Lakotah's website refers to "colonial apartheid conditions imposed on Lakotah people," referencing a life expectancy of less than 44 years for Lakotah men, high incarceration rates, disease with high medical expenses, low income, and an 85% unemployment rate.  It states that "the United States has consistently violated the treaties between Lakotah and the U.S., resulting in loss of life, resources, and territory for Lakota."

Thanks, Kelly!

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