The smoking ban, if passed by the Minnesota Legislature, does not affect Indian tribes because as a matter of federal law, states have no regulatory authority over tribes. While Congress has given some states limited jurisdiction over tribes in matters of criminal law, there is no federal authority for enforcing state regulations on tribal lands. As Sviggum knows the only language “exempting” Indian tribes in the bill exempts the tribes for the use of tobacco at religious ceremonies held off the reservation. The reason there was no other exemption cited is that this state regulatory bill does not apply to tribes.
As is always the case, Sviggum ties his anti-Indian rant to the political contributions made by tribes to Democrats. He apparently didn’t notice that many tribes contributed to Republican candidates as well as DFLers in the 2006 elections. Did the former speaker express any outrage when his Republican colleagues accepted those donations? Does money talk when it goes to Republicans, too?
To suggest that the tribes “insisted” on a monopoly on smoking is patently absurd. If Minnesota tribes had supported the smoking ban, they would have lobbied for it. They did not. In fact, the tribes did not take a position on the smoking ban one way or the other because they correctly recognized it would not affect any activity within their lands.
As a matter of practical reality, it is unlikely that hordes of disenfranchised smokers will be flocking to casinos just to puff on their cigarettes. First, most casinos are located in fairly remote areas. Smokers are not likely to drive all the way to a casino just to have a cigarette unless they have a strong interest in gambling as well.
In addition, many smokers like to have a drink with their cigarettes, something they can’t do at Mystic Lake, Mille Lacs, the Palace Casino and some other tribal casinos that do not serve alcohol. Demographic research has shown that there is very little overlap between the customer base of tribal casinos and the customer base of most neighborhood bars and restaurants.
Sviggum may oppose the smoking ban, and that is his right. But to use it as another club to beat up on Indian tribes is just plain wrong. In a democratic society, the majority rules. That is why Sviggum’s efforts to expand gambling failed so many times, and it is why the smoking ban is likely to pass. It’s also why Sviggum is no longer the speaker. This misguided man needs to stop blaming others when he finds himself on the losing side.
John McCarthy is executive director of the Minnesota Indian Gaming Association. Founded in 1987, MIGA works on behalf of member tribes to further communication, address shared concerns, and educate the public, media and elected officials on tribal gaming and other issues.
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Kevin H wrote on Feb 11, 2007 9:23 PM: