in Governor John Engler's opinion, "Michigan has enough casinos"

October 4, 1999

Michigan has enough casinos

By JOHN ENGLER

For some time now, the Bay Mills Indian Community has been claiming that it will build a casino near Vanderbilt.

Recently, the Sault Ste. Marie Tribe of Chippewa Indians has proposed a competing casino for Bagley Township.

With 16 tribal casinos currently operating in our state, two more authorized in southwest Michigan and three more authorized in the city of Detroit, the state of Michigan has more than enough casinos. Consequently, I will not permit the operation of the facilities proposed for Otsego County.

Although the federal Indian Gaming Regulatory Act, or IGRA, allows tribes to conduct casino gaming, tribes may not do so on off-reservation sites that were not held in trust in 1988 unless they have the governor's consent. This requirement applies to lands in Otsego County - and I will not consent to casino gaming there.

The Bay Mills Tribe, and perhaps the Sault Tribe as well, will argue that there is an exception to the requirement of gubernatorial consent for land taken in settlement of a land clam. They are correct. This exception does not apply, however, where the property "taken" in settlement lies many miles from the property claimed. Because the tribes do not have historical claims to any land in (or even near) Otsego County, there is no loophole in IGRA that would allow them to open the proposed casinos.

This fundamental flaw in the Bay Mills Tribe's theory applies even if Congressman Stupak's bill to "settle" tribal claims to the Upper Peninsula's Charlotte Beach passes in Congress. I find it remarkable that Congressman Stupak would step in at this late date and join with the Bay Mills Tribe in using the Charlotte Beach homeowners as political pawns. Make no mistake about it - Congressman Stupak's proposal is solely about trying to give the Bay Mills Tribe an otherwise illegal casino in Otsego County.

Although Congressman Stupak claims to be concerned about the rights of these property owners, the state of Michigan has stood by these properly owners since day one, defended them in court, and won the dismissal of the Bay Mills lawsuit against the Charlotte Beach owners. I have no doubt that this dismissal will hold up on appeal, largely because the Sault Tribe has acted responsibly and refused to join with the Bay Mills Tribe in suing their neighbors.

In short, without my consent, any tribal casinos in Otsego County would be illegal.

Local governments, businesses and residents should bear this in mind when listening to casino proposals from Indian tribes. Local government leaders should also be aware of a bill proposed by state Senator Mike Rogers that would require a local government supporting a gaming facility to reimburse other governments in the county for any increased costs attributable to that facility (Senate Bill 301). That bill would require the local government to forfeit revenue sharing funds.

Local businesses should know that I will be supporting legislation to penalize businesses that contract with gaming facilities that are not certified by the state of Michigan as operating within the law.

Finally, local residents should know that working in an illegal gaming facility is a crime.

I hope that this forum letter clarifies my position and serves to end fruitless discussions about casino gaming in Otsego County.

About the author:

John Engler is governor of the state of Michigan.

This was published as an opinion piece by the Traverse City Record Eagle, October 4, 1999.

http://www.record-eagle.com/1999/oct/04engler.htm

You may also want to review these posts:
The Verifiable Truth: Aide negotiated '11th Hour' Port Huron casino deal for Gov. Engler; then returned to private practive, retained by those who got the deal
The Verifiable Truth: Port Huron struggles, is worthy of a break; but editor fails to recognize local casino plan has national shockwaves, which supersede local needs