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February 25, 2008
Update: High court hearing on tribal land welcomed
WASHINGTON – The U.S. Supreme Court agreed today to take up the state of Rhode Island’s dispute with the Narragansett Indians over the tribe’s effort to remove tribal lands from the reach of state law.
The governor, the state's attorney general and the Narragansett chief said today that they welcomed the court's decision to consider the issue.
Specifically, the case deals with the question of the federal government’s right to take in trust land granted to tribes, a key issue not just for Rhode Island and the Narragansetts but for Indian land claims disputes around the nation.
At issue is whether a 31-acre lot in Charlestown purchased by the Narragansetts should be subject to Rhode Island law, including a prohibition on casino gambling, or whether the parcel should be governed by tribal and federal law.
The dispute dates to 1991, when the Narragansetts purchased the land to build an elderly housing complex, which remains incomplete.
The state has argued that federal law prevents the federal government from taking land into trust, or largely removing land from state and local control, for tribes recognized after the 1934 Indian Reorganization Act, unless Congress specifically authorized it. The Narragansetts became a federally recognized tribe in 1983.
Read Rhode Island's petition for a Supreme Court hearing.
-- With reports from Journal Washington bureau chief John E. Mulligan, Journal staff writer Katie Mulvaney and the Associated Press
The 1st U.S. Circuit Court of Appeals in Boston rejected the state’s claim in July. Read the ruling in
the case of Carcieri v. Kempthorne, 07-526.
Attorney Joseph Larisa Jr., who represents the town of Charlestown, said he welcomed the Supreme Court’s involvement. State leaders fear the Narragansetts want to build a casino on the site. Casino are banned under state law.
“The paramount issue of state sovereignty is the potential that this could open the door to a casino, at least a crack, over the objections of Rhode Island voters,” Larisa said.
The Supreme Court will hold oral arguments on the case, known as Carcieri v. Kempthorne, during the term that begins next fall. Dirk Kempthorne is the Secretary of the Interior, the federal cabinet agency that oversees Indian affairs.
Governor Carcieri issued a statement in which he pronounced himself "extremely gratified that the Supreme Court of the United States has agreed to hear our argument in this case of national importance.”
The governor said, “This is great news for the people of Rhode Island and an important step for every state facing similar issues. For too long, the legitimate concerns of states in the federal land-to-trust process have been ignored. It is simply not acceptable for any state to be stripped of its sovereignty over land within its borders by mid-level bureaucrats in Washington.”
A statement from Attorney General Patrick Lynch's Office calls the case one of national interest and significance.
"With the stroke of a pen," the statement reads, "the Secretary of the U.S. Department of Interior can unilaterally strip a state of its sovereign jurisdiction by taking land into trust -- even where there are currently no federally recognized Indian tribes. There is something fundamentally wrong with this principle. We look forward to representing Rhode Island’s interests to the very best of our abilities when the case is reviewed in the fall."
Narragansett Chief Sachem Matthew Thomas welcomed the high court's review, saying it would give the tribe an opportunity to demonstrate that it never agreed to give up its rights to acquire land or to self government.
"There is no language to abrogate our current or future rights," Thomas said between sessions today of another key case for the tribe – the state Superior Court trial of charges stemming from the state police raid of the Narragansetts’ smoke shop in 2003.
In the land trust case before the Supreme Court, he said, "Our rights are clear. At the end of the day our rights should be upheld," Thomas said.
He said the land would be used for housing, but he has previously left the door open for some type of economic development on the 32 acres.
He said he couldn't predict how the court might rule. "As of late, I don't exactly think they're friendly to Indian tribes," he said.
Thomas has said his tribe intends to complete the unfinished elderly housing complex on the property, but could also consider other economic development options. He has not ruled out building a casino on the land.
Posted by Jack Perry
at 3:15 PM | Permalink
Former Uncasvillian | February 25, 2008 1:44 PM link
Cynthia Barte | February 25, 2008 2:05 PM link
Dan | February 25, 2008 4:30 PM link
Ray R. Hogarth | February 25, 2008 7:06 PM link
David | February 25, 2008 7:25 PM link
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I'm guessing the folks battling the Narragansetts are not exactly history buffs - they have seemed to ignore what happened back in the early 90's when the Mashantuckets expanded their high-stakes bingo ops to casino gaming. Short of it is Lowell Wiecker the then governor realized that if he did not forge an agreement with the Mashantuckets he would ultimately lose control over the gaming that eventually would take place in Mashantucket CT. We don't have anyone that smart in RI. Instead we have one town (Charlestown) engaging in a fight it will ultimately lose. The state has gotten dragged in and some day - there will be a casino on Narragansett land, the question is will the state of RI have leaders smart enough with enough forward thinking to put aside the discriminatory bent aimed at the Narragansetts and let a casino go in that will provide more jobs, bolster service industries(creating more jobs), increased taxes then that lipstick on a pig venture called Twin River? The answer is NO, and I will be laughing my behind off when the Narragansetts are one day able to put in a casino and can tell the State of RI and Charlestown to "put it in your pipe and smoke it". Why my bent on Native gaming? I grew up in Uncasville CT, went to school with Mohegan Pequots, went to Mohegan Elementary, had a Native American as my high school mascot and eventually worked for the Mashantuckets in a decent paying job that afforded me great benefits, the ability to buy a home and start raising a family. The jobs created at Foxwoods and Mohegan Sun are up and down the vocation spectrum - janitorial, service, waiters, waitresses, technical, construction to management. Now who wants that kind of economic stimulus!!???