The new Congress starts over on hot-button issue for
Charlestown
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| Here comes the CCA posse! |
Get ready to hear bugles blasting all over town as the
Charlestown Citizens Alliance sounds the alert that the Narragansetts are about
to get approval to build a casino in Charlestown.
That’s because, once again, there is new legislation
before the US Congress to reverse the negative effects that the 2009 US
Supreme Court decision, Carcieri v.
Salazar, had on more than 500 Native American nations across the US.
Further, Larry LeBlanc's recent land deal may make the CCA's case of agita even worse.
Further, Larry LeBlanc's recent land deal may make the CCA's case of agita even worse.
In a nutshell, the Carcieri v. Salazar decision arose out of a dispute between
the town of Charlestown and the Narragansett Indian tribe over the tribe’s
plans to build low-income senior citizen housing. The town saw that project as
a stalking horse for a casino and got the state of Rhode Island to take the
case all the way to the US Supreme Court. The Court issued a widely criticized opinion that the major federal law defining the relationship of tribes to the federal government only applied to tribes that were “federally recognized” when the law was passed in 1934.
Carcieri v. Salazar cast doubt on the sovereignty rights of tribes
recognized after 1934, which includes the Narragansetts and hundreds of other
tribes. Since that decision, various members of Congress have attempted to
enact the “Carcieri Fix” to restore the rights the Supreme Court decision
stripped away.
Click here for a thorough
explanation of what the Carcieri Fix would and would not do.
The CCA has taken the position that "fixing" the damage caused by Carcieri v. Salazar is tantamount to a
Charlestown Indian casino ground-breaking, even though there are formidable barriers to that ever
happening.
Long-time Carcieri Fix champion, Sen. Daniel Akaka (D) of
Hawaii, had hoped the Congress would enact his bill during the lame duck
session last December. But Congress proved itself incapable of enacting anything,
never mind a bill such as this. Senator Akaka retired with his dream
unfulfilled.
When that Congress ended, all legislation left unfinished ended up flushed down the Capitol toilet, meaning that any new Carcieri fix legislation would require new legislation and new sponsors. That's what just happened.
When that Congress ended, all legislation left unfinished ended up flushed down the Capitol toilet, meaning that any new Carcieri fix legislation would require new legislation and new sponsors. That's what just happened.
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| Rep. Ed Markey (D), likely to become the next Senator from Massachusetts Will he introduce the Senate version of the Carcieri fix if elected to the Senate? |
Rep. Markey may not be around the House for very long to
push the House bill. He is currently the front-runner to win the upcoming special
election to fill the Senate seat vacated by John Kerry when Kerry was sworn in
to serve as US Secretary of State.
In a statement explaining his reasoning for the Carcieri Fix
legislation, Markey declared:
“Tribes from across the country
– including those whose federal status predate 1934 and therefore beyond
dispute – have been hauled into court to fight meritless lawsuits challenging
land into trust decisions. In fact, a majority of those decisions authorized
housing, health care clinics and other government services that are vital to
the stability of tribal governments and the well-being of their citizens. It’s
well past time for Congress to act by fixing this judicially-created problem
and reinstate the status quo.”
Supporters of the Carcieri Fix are hopeful, but not overly
optimistic. They note a lack of key support in the Senate and that several
House supporters of the 2010 bill are no longer in Congress.
The Obama Administration has been a strong supporter of the
Carcieri Fix. But in Charlestown, the Carcieri Fix has become something of a
political third rail, even though there is virtually no support for gaming
facilities of any kind in Charlestown.
The anti-casino hysteria may be fueled by Progressive Charlestown’s recent scoop revealing Larry LeBlanc’s sale of his 81 acres of
land which is close by the Tribe’s 31 acre proposed housing development. Add
the hints in the LeBlanc deal that there might be some tribal involvement in
that transaction and you've got the makings of a paranoic episode.
While the CCA may see a direct connection with a
Congressional Carcieri Fix and a Narragansett casino, I don’t. But I do believe
that there are many
good reasons – including a hedge against some future undesirable use – for Charlestown
to attempt to acquire LeBlanc’s 81 prime, undeveloped acres on the Charlestown moraine as open space. If the CCA is seriously worried about a Charlestown Indian casino, and not just blowing political smoke, it's time for them to get cracking and get serious about securing that land.
Click here to read my "Ten reasons why a Charlestown casino isn't going to happen" which stand unrefutted by the CCA.
Click here to read my "Ten reasons why a Charlestown casino isn't going to happen" which stand unrefutted by the CCA.