By Mike Fitch, Auburn Journal
The United Auburn Indian Community will have a lot at stake when voters go to the polls March 7.
That's because the tribe's future is closely linked with the fate of Proposition 1A, a statewide ballot measure proponents say is needed to resolve a legal technicality that threatens Indian gaming in California.
If a majority of the state's voters approve the measure, the California Constitution will be amended so federally recognized Indian tribes in the state can offer slot machines and a larger assortment of card games in their casinos.
Opinions differ on what will happen if Proposition 1A goes down to defeat.
In campaign materials, proponents often say Indian casinos may shut down if voters reject the proposition.
Others emphasize Indian gaming would still be possible in California, but would lose much of its appeal without slot machines and other games that would be authorized by Proposition 1A.
The issue is momentous for the Auburn-based tribe because it wants to build a 200,000-square-foot gaming casino south of Lincoln. The site is at Athens and Industrial avenues in an unincorporated industrial area.
The Auburn tribe is one of 90 federally recognized tribes that have endorsed Proposition 1A.
"The issue is simple," says Jessica Tavares, chairwoman of the Auburn tribe, in a Feb. 14 letter to Proposition 1A's potential supporters. "If Proposition 1A is not passed, Indian casinos cannot operate in California and the jobs and economic benefits they provide will be lost. This would be devastating for California Indian tribes and bad for California's taxpayer's."
The group that's spearheading the campaign for the proposition makes similar arguments.
"If this important amendment is not passed by voters, Indian casinos in California will face being shut down and thousands of jobs and the $120 million they generate in taxes to the state would be lost," says a fact sheet published by the group: Yes on 1A: Californians for Indian Self Reliance.
Doug Elmets a spokesman for the United Auburn Indian Community, noted last week that the tribe can proceed with the casino even if Proposition 1A fails.
"A casino will be built," he said. "But clearly Proposition 1A moves the process ahead at a faster pace."
Opposition to Proposition 1A is headed by a group called Stop 1A - No Casinos.
"Proposition 1A will throw open the floodgates of gambling in California," the group says in a fact sheet, arguing that gambling corrupts individuals and governments. "California stands in danger of becoming a Las Vegas by the Sea."
If the measure passes, the Auburn tribe and others can proceed under a gaming compact negotiated by with Gov. Gray Davis and approved by the Legislature.
Howard Dickstein, the tribe's attorney, agreed that the tribe's casino project likely will proceed even if Proposition 1A is defeated.
He also said he believes Station Casinos of Las Vegas will help the tribe build the casino regardless of the ballot measure's fate, but he acknowledged the project is a much more attractive investment of slot machines and card games such as blackjack are allowed.
Last year, Station Casinos agreed to help the tribe finance, build and operate its casino.
The state constitution currently prohibits Nevada-style gambling in California. The state's Indian tribes thought they had hurdled that obstacle in 1998 when the state's voters approved Proposition 5, an initiative that would have allowed video games similar to slot machines and card games such as blackjack.
Last year, however, the California Supreme Court overturned Proposition 5, which had amended state law but not the state Constitution. The court ruled that the ballot measure violated the constitutional ban on Nevada-style gambling.
In response, the tribes now are trying to amend the constitution directly through Proposition 1A.
Dickstein noted that existing state law allows California's Indian gaming allows California's Indian gaming casinos to offer some.
Proposition 1A would allow slot machines and card games such as blackjack where the house either has a stake in the outcome or takes a percentage of the money wagered.
Dickstein noted that Proposition 1A wouldn't permit some types of gambling, including roulette, craps or sport betting.
Supporters are confident Proposition 1A will pass because about 63 percent of the state's electorate voted for Proposition 5 in 1998.
Copyright © 2000, Auburn Journal
