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http://www.spokane.net/news-story.asp?date=022500&ID=s747776&cat=section.Regional

Tribes seek delay in gaming litigation
Panel OKs Shoshone-Bannock compact

>From staff and wire reports -
IDAHO

Leaders of North Idaho's three Indian tribes asked state
legislators Thursday to delay for one year any litigation on
Indian gambling that may arise out of ratification of the
Shoshone Bannock Tribe's gaming compact.

Legislation that would ratify the compact and allow the state to question in
court the legality of the Shoshone-Bannock gaming machines was approved
Thursday by the House State Affairs Committee.

The Coeur d'Alene, Kootenai and Nez Perce tribes immediately sent a letter
to committee chairman Rep. Bill Deal, R-Nampa, asking that litigation be
delayed while they continue to negotiate with Gov. Dirk Kempthorne. They say
they want to resolve the issue outside a federal courtroom, avoiding
prolonged and costly litigation.

"Going to court always involves a risk," said Jaime Pinkham, treasurer of
the Nez Perce Tribal Executive Committee. "It's an unnecessary risk if both
the tribes and governor continue to work toward a negotiated solution."
Pinkham was in Boise to discuss the proposal with lawmakers.

The tribes say their casinos -- which rely heavily on profitable video
games -- have brought Idaho's tribes out of poverty and supported other
businesses.

The letter was signed by Samuel Penney, chairman of the Nez Perce executive
committee; Ernie Stensgar, chairman of the Coeur d'Alene Tribe; and Velma
Bahe, chairwoman of the Kootenai Tribe of Idaho.

Last year, Deal led the opposition to essentially the same bill heard
Thursday.

This time Deal's committee agreed to introduce the legislation that would
ratify a federally required gambling compact with the Shoshone-Bannock
tribe, and includes a provision waiving Idaho's immunity from being sued so
the state and tribes can seek a judge's ruling on the controversial
machines.

Only two committee members opposed introducing the bill, at least in part
out of fear that a judge's ruling might go beyond which games are legal in
reservation casinos under the federal Indian Gaming Regulatory Act.

"We've been surprised by the court's rulings before against the state, and
I'm just not comfortable waiving it," Republican Rep. Shirley McKague of
Meridian said. "I don't trust the judicial system."

The complex Shoshone-Bannock compact came before the State Affairs Committee
near the end of last year's legislative session and died there. The Nez
Perce, Coeur d'Alene and Kootenai tribes at that time flatly opposed
referring the question of video pull-tab and other slot machine-type games
to a judge because such machines had become an important part of their
reservation casinos.

Indian leaders argue that their machines only offer an electronic version of
the state Lottery's scratch-off tickets that have included such themes as
poker, craps and other casino-style games. Any form of gambling allowed by
the state also is authorized on the reservations.

The state and anti-gambling activists contend that the tribes are violating
the Idaho Constitution's limited acceptance of gambling. But as the boon to
depressed reservation economies becomes increasingly evident, negotiations
have gotten under way with Gov. Dirk Kempthorne's office on a middle ground.

Indications are that the governor may be willing to accept the status quo.
But if a judge rules against the Shoshone-Bannock tribe before an agreement
is reached, the other tribes' chances to at least preserve what they have
might be forfeited.

Deputy Attorney General David High said that if the legislation is approved
as written, he expects legal action to begin within a month. A federal court
ruling could be at least a year away.

Republican Rep. Julie Ellsworth of Boise told her State Affairs colleagues
she was confident based on court precedent that the state would prevail and
the gambling machines would be found illegal. But her co-sponsor, GOP Rep.
Kent Kunz of Pocatello said the potential for certainty was worth the risk.

"As gentlemen and civilized people we will resolve our differences in
federal court," he said. "If we do nothing here today, then all of your
fears will be projected on into the future."
 
 

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