MOHEGAN TRIBE MAY SUE CONNECTICUT?

As already reported on Brokenwing Editorials, on Monday, March 24, 2009, the Public Health Committee voted 28 to 2 in favor of a bill to ban smoking totally in both Connecticut casinos by October 1, 2011.

Yesterday, Wednesday March 26, 2009, the Mohegan Tribe responded about the proposed bill to ban smoking in its casino, with two (2) letters to the State of Connecticut. One was sent to M. Jodi Rell, the Governor of Connecticut and the other was sent to Richard Blumenthal, the State of Connecticut's Attorney General.

In the letters, supposedly Bruce "Two Dogs" Bozsum and Helga Woods, the Attorney General of the Mohegan Tribe (top legal adviser) threatened a possible lawsuit in court and the with-holding of the revenues owed Connecticut from slot machines. The state receives 25% of the revenue that the slots make at the Mohegan Sun Casino and Foxwoods Resort Casino and the MGM Grand at Foxwoods. For the fiscal year the state of Connecticut was expecting about $417 million in total from both casinos.

In one of the letters Bozsum said, "As the leader of the Mohegan Tribe, it is my obligation to protect the rights of our Tribe and all indigenous people from an overreaching state legislature." He further supposedly wrote that passage of the bill "will force us to vigorously defend our federally recognized rights to govern our lands. I will be compelled to initiate legal action on behalf of the tribe to stop this assault on our rights."

Lynn Malerba, the Vice Chairwoman of the Mohegan Tribal Council said, "This issue is not about smoking, and it really never has been about smoking. It really is about the relationship between the tribal and state governments, a delicate balance between the tribe's sovereign immunity from state laws and courts, and its agreements under the negotiated compact to abide by certain regulations......in exchange for the right to operate a casino on tribal land."

Lori Potter, a spokesperson for the Mashantucket Pequot Tribe said, "The Mashantucket Pequot Tribal council agrees with the Mohegan Tribal Council that the issue concerning smoking areas is not an issue of whether or not to allow smoking. We are concerned primarily with the protection of tribal sovereignty."

Governor M. Jodi Rell's office stated that the governor would prefer to eliminate smoking by negotiating with the tribe and not through legislation.

Richard Blumenthal, the Attorney General for Connecticut said, "We will continue to talk with the Mohegan and Mashantucket Pequot tribal nations about prohibiting smoking in their casinos, sparing their employees and customers the ravages of passive smoke. My preference is an agreement with the tribes that totally bans smoking at the facilities _______ending a deadly health hazard for casino patrons and employees."

Blumenthal also said, "If agreements cannot be reached and legislation is necessary, my office will vigorously and aggressively protect the state's rights and laws, including its slot revenue agreement with the Mohegan Tribal Nation."

So at the end of the day, we have two parties, The Mohegan Tribe and the State of Connecticut ready to end up in court, with each side threatening each other. The state is right in wanting to protect the workers and patrons of both casino from second had smoke. The tribes are right about their right to self govern.

In these though economic times, with every government making cuts, where is the Mohegan Tribe going to get the funds for this fight? Wouldn't negotiations be better? It certainly would be less expensive.

Lynn Malerba, the Vice Chairwoman for the Mohegan Tribal Council is right and wrong in her statement. Of course this is about smoking and yes it is about government sovereignty. Second hand smoke is a real issue. A tribe being able to self govern is also a very important issue.

The question, is did the Mohegans when they signed their compact agree to the liquor laws. If so can Connecticut deny the Mohegans renewal of its liquor license when it comes up for renewal? Did the Mohegans agree to the health codes of Connecticut when it signed its compact? It seems like it is going to be costly and long fight. It would be in both parties best interest to somehow negotiate a settlement. What do you think?