As we approach our nation’s 250th birthday, it’s worth reviewing the evolution of our revolution. Let’s review the current adaptive status of America’s original peoples: Indians.
Many tribes have acquired casinos to combat the poverty forced on them by the greed of American policies and practices. Unfortunately, too many casino-owning Indian tribes continue the ugly, federal policy of assimilation against their own people. Assimilation was a 100-plus year American government policy to absorb Native Americans into white society by removing Indians from their tribes, cultures, families, language, heritage and lands.
Today, tribal councils are finishing the assimilation of their own peoples left unfinished by the Bureau of Indian Affairs and the 7th Calvary. They delete targeted tribal members from membership enrollment lists through a process called disenrollment. The disenrolled former members remain Indian but they have no tribal status. Their Indian heritage has been terminated. They are outcasts from their supportive communities into an uncaring non-Indian society.
Disenrollment since the legalization of gaming has been abused as a weapon to settle family feuds, thwart tribal political disagreements, and feed the greed related to casino gaming revenues. It’s an ugly, open secret as tribes refuse to provide details regarding membership and disenrollment.
Tribes have disenrolled octogenarians who have served as tribal elders and who are some of the last surviving members who speak the tribe’s unique language. When tribes disenroll the formerly respected elders, they also disenroll scores of Indians descended from those elders. Disenrollment leaves fewer members to share casino benefits.
Tribes are sovereign nations with the right to define tribal membership. But I believe that how some apply that legal right is morally wrong. Just because tribes can whitewash their history doesn’t mean that they should.
The disenrolled Indian has no meaningful, existing legal right to challenge the tribe’s termination of membership in any state or federal court. The federal government has washed its hands of the issue. It’s tribal business.
In 2012 the Coarsegold Chukchansi people, then a tribe of approximately 2,000 members, and downsizing, erupted into a violent standoff following a disputed tribal council election. What followed was two warring tribal councils existing simultaneously and a federal court order shutting down their gaming operations for 14 months. Who was to decide who got disenrolled was an underlying issue.
Now the Chukchansi aggressively act to deny the North Fork Mono a casino on their federally recognized historical lands on Freeway 99 away from their approximately 80 acres in the mountains. The North Fork geography doesn’t allow the Mono to do what the Chukchansi did — buy 656 adjacent acres and fold them into their government-approved trust lands and expand operations.
The North Fork Mono casino has been under construction on Fwy 99 north of Madera while the tribes fight in state and federal courts. The Chukchansi have been successful in state court. Similarly, the Mono have been successful in federal court. Federal law prevails over state law, generally, but I have not consulted FanDuel or DraftKings.
A quarter of a century ago Indian proponents of Indian casinos promised to take care of their own members and smaller tribes without casinos if California voters approved Indian gaming. I believed it. I voted for it. I feel lied to. I refuse to do business with disenrolling casino tribes. My hypocrisy goes only so far.
If Indians won’t help Indians, then who will?
— Chuck Wieland,
Madera