Wednesday, April 07, 2021

California: Imperialists of the 21st Century

I've contributed to the Pomo Indians' welfare
at the River Rock Casino, Geyserville
There is no question that the taking of lands, the breaking of treaties, and the general treatment of Native Americans are a stain on the history of the United States. That legacy is reflected in the statistics: as of 2018 Native Americans have the highest poverty rate and lowest educational achievement of all minority groups.

Nevertheless, there are signs of hope:
Thanks to legislation such as the Indian Self-Determination and Education Assistance Act of 1975, the Tribal Self-Governance Act of 1994 and generations of advocacy, Native American communities have greater control over their own land and resources and have experienced an increase of federal recognition of their tribal governments.
Annual gaming revenues have climbed every year to $34 billion in 2018 and have provided a source of earned wealth to many tribes.

One might expect that the Progressive State of California would not only be respectful of Native American rights but also support gaming as a means to economic self-sufficiency. But one would be wrong.
the tribes must periodically negotiate renewals of casino agreements with the state, and after five years of unsuccessful talks, five small tribes filed suit in 2019 accusing the state of demanding changes in policies outside the scope of the 1988 law, the Indian Gaming Regulatory Act.
Judge Ishii
California attempted to make casino renewals contingent on the tribes' bowing to California law on social, environmental, and liability matters. U.S. District Judge Anthony Ishii, a Clinton appointee, said that [bold added]
state negotiators had exceeded the scope of the law by demanding tribal enforcement of state court orders for child support and spousal support in divorce cases.

He said state negotiators may have also crossed the law’s boundaries by seeking tribal compliance with a wide range of California laws — on wages, discrimination, environmental review of land use and construction projects, and suits for injuries on tribal property...

Ishii said the federal law on tribal gambling contracts allows negotiations only on issues related to gambling on the reservations and not on other matters subject to tribal self-government.
Progressives claim that white patriarchal society foisted its alien values upon indigenous peoples, but give Progressives absolute power, which is what they enjoy in California, and they have shown themselves to be as disrespectful of tribal sovereignty as the imperialists of the 19th century.

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