6 OCTOBER 1,2009
Smoke Signals
Oregon's civil laws do not apply to sovereign nations
SMOKING continued
from front page
The American Lung Association,
at the prompting of Portland attor
ney John DiLorenzo of the firm Da
vis Wright Tremaine, has written a
letter to Gov. Ted Kulongoski, ask
ing that he require Oregon's nine
federally recognized Tribes prohibit
smoking inside their casinos.
According to a story in the Sept.
19 Oregonian, the smoking ban has
resulted in million dollar losses in
Oregon Lottery profits since it took
effect in January.
Some speculate that gamblers
have abandoned state video slots
in smokeless restaurants and bars
for Tribal ones where they can
light up.
Tribal representatives, includ
ing Martin, say the smoking issue
also could be a litmus test for how
much jurisdiction the state has
over Tribal casinos and prompts
concerns about erosion of Tribal
sovereignty.
Martin said that when Tribal ca
sinos were built in Oregon, compact
negotiations between the state and
Tribes dealt with health and safety
issues from construction standards
to water quality to food quality to
emergency preparedness.
Martin also cites the federal
Indian Gaming Regulatory Act,
which limits state-Tribal compacts
to issues directly related to gaming
activities.
"Smoking is not directly related
to the operation of gaming activi
ties, as are physical conditions of
the casino structure, security and
gaming operational issues," Martin
said.
"The Oregon Indoor Clean Act is
directed at employees, so it isn't the
kind of standard meant to be ap
plied to the public generally under
the compact.
"The realities are that this is a
jurisdictional issue between the
state and the feds, and does the
Oregon Indoor Clean Air Act apply
to federal land even though we're in
the state of Oregon?"
Martin said that the Confed
erated Tribes of Grand Ronde's
casino, Spirit Mountain, has been
addressing the smoking issue by di
viding the casino into smoking and
non-smoking areas and installing
state-of-the-art air systems.
In January 2009, Spirit Mountain
spent approximately $275,000 on
an air filtration system to improve
air quality on the casino floor.
Other Tribal representatives say
that DiLorenzo is misreading the
compacts and the legal status of
Tribes.
DiLorenzo, whose firm represents
restaurants and taverns that now
feel disadvantaged by the smoking
ban, said he decided to push the
issue after reading Tribal compacts
for an unrelated case. He contacted
a lobbyist for the American Lung
Association about pursuing a Tribal
casino smoking ban and they hired
his law firm, The Oregonian reported.
Anna Richter Taylor, Kulon
goski's communications director,
reiterated that the nine Tribes
are sovereign nations and that
Oregon's civil laws do not apply on
Tribal lands.
However, she said Kulongoski
has been a supporter of the state's
smoking ban and that he has to
negotiate with the Tribes regarding
the issue.
"So there's a delicate balance
he has to strike," she said. "The
governor's preference on this issue
is for the state to resolve this with
the Tribes as opposed to dealing
with this through litigation and the
courts, which would ultimately be
an expense to the taxpayers."
"We have been discussing this
issue with the state," Martin said.
"We've had conversations with the
Governor's Office and are in the
process of government-to-government
talks about this issue." fl
Men's Group starting
The Behavioral Health Department is starting a Men's Group, which
will be open to members of all Tribes.
Topics that will be covered include healthy relationships, communication
skills, anger management, spirituality, emotional intelligence and how to
live one's life from a place integrity and authenticity.
The Men's Group will meet every Thursday from 10 to 11:30 a.m. at
the Behavioral Health Department at Health & Wellness.
A certificate of completion will be awarded to men who have completed
the training. Transportation may be available for those in need.
Contact Tom Bender with any questions at 503-879-2067. B
Recycle cemrteir Ddougts
The recycle center will be open during the following hours: 8 a.m. to 6 p.m.
Tuesdays and Thursdays, and 8 a.m. to noon Saturdays.
We are sorry for any inconvenience this may cause you, but we have found
it necessary to put tighter control on this service. NO ONE IS ALLOWED TO
DUMP PERSONAL GARBAGE OR YARD DEBRIS AT THE SITE. If you see
someone abusing this privilege, contact Mike Larsen at 503-879-2407. B
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