Connecticut authorities are debating over a Casino Smoking ban
Published on May 25, 2009 4:11 AM
The alluring sounds of poker machines, dim ights, and clouds of smoke have attracted gamblers to the Mohegan Sun casino, giving billions of dollars each year to Mohegan Tribe and, of course, the State of Connecticut.
Only last fiscal year the Connecticut state treasury collected a total of $400 million from two tribal casinos: the Mohegan Sun and Foxwoods Resort Casino.
Moreover, during the last 15 years since the Mashantucket Pequots Tribe and the Connecticut government signed the agreement permitting gambling machines in the State in exchange for the quarter of total annual revenue, the treasury generated $ 5 billion from only one casino.
However, nowadays, the Connecticut General Assembly is debating whether it is worth banning smoking in two tribal casinos cutting the enormous revenue for the sake of public health efforts.
From the point of view of tribal councils, the ban on smoking in casinos would inevitably contribute to a terrific loose of revenue that has already been hit by the economic downfall.
In addition, the Mohegan and Pequot tribal leaders stated that imposing a ban on smoking in casinos located on the reservations territories would infringe tribal sovereignty that would permit them to file a lawsuit against the state and claim compensation for damages.
“This is the first case when the state attempts to violate our fundamental rights,” stated Kenneth M. Reels, vice-chairman of the Mashantucket Pequot Tribe. “Thus, it would be the job of the Tribal Council to protect tribe sovereignty and create an example fro other tribes across the United States. Nobody has the right to infringe our sovereignty. ”
William Quidgeon Jr., the treasurer of the Mohegan Tribe declared that the introduced ban would be the biggest menace to the tribe sovereignty since the tribe gained federal recognition back in 1994. The Pequot tribe was recognized as a sovereign entity in 1993.
The major supporter of the tribal casino tobacco and smoking ban is Richard Blumenthal, the Connecticut Attorney General who said that tribes should obey the state laws including the public health regulations under the agreement legally signed between Connecticut government and the tribal council.
In conformity with current public health law, indoor smoking is banned in all public facilities across the State of Connecticut.
The state Public Health Department Commissioner J. Robert Galvin backed the proposed bill, saying the tribes should abide the legislation since the hazardous effects of second-hand smoke were proven a long time ago.
However, the main part of state authorities does not support the ban. The reason is rather simple: an enormous sum of money at the stake, especially at the time when the state treasury is facing a dramatic deficit of revenue. In case, the revenue from the tribal gambling industry drops the estimated budget shortfall is expected to reach $4 billion over the following fiscal year. That makes a larger-than-life sum for cash-strapped Connecticut.
Meantime, the introduced ban was approved by the state Public Health Committee as well as by the Government Administration and Elections Committee. Nevertheless, it still has a long way to go in order to be signed into law.
The chairmen of both tribes declared that the tribe had no intention to evade from the indoor smoking bans, however, the ban should not affect the tribal rules and rights, thus, the would obey it only after holding the negotiations directly with the governor.
The tribe leaders have already passed their own smoking commutation plan opposing the one introduced to the State senate to the governor; the latter plan among other things includes the installation of the latest air conditioning system in the casino.
Sovereignty is a rather big issue for those tribes like the Mohegans and Pequots, since they are in the brink of extinction and want to struggle for their freedom until they completely go out of existence.
