Posted on 01/25/2007 11:15:15 AM PST by Diana in Wisconsin
Gov. Jim Doyle's proposal to ban smoking in all public places, including bars, is likely to reignite a longstanding feud between local tavern owners and casinos owned by American Indian tribes.
The casinos would be exempt from the proposed ban because they are located on tribal lands not subject to state or local laws.
The smoking ban proposal announced Wednesday "would probably not apply to us," said Katie Funmaker, a spokeswoman for the Ho-Chunk tribe, which operates casinos in Wisconsin Dells and Black River Falls and the Dejope gaming facility on Madison's east side.
Funmaker noted that smoking is allowed at Dejope despite the city's ban on smoking in taverns and restaurants.
Other tribes also indicated that they believe the proposed ban would not apply to their casinos.
Some state lawmakers have said they may propose exempting taverns from the proposed smoking ban. Legislation to enact the ban has not yet been drafted; Doyle is expected to send it to lawmakers later this month.
The tribes' ability to offer legal gambling has been a source of irritation to tavern owners for years. Tavern owners contend that federal law allows the casinos to unfairly compete with local bars.
Lawmakers eased some of the tension in 1999 when they allowed tavern owners to have up to five video poker machines without facing any criminal penalties.
But the smoking ban will renew charges of unfair competition, said Tomah tavern operator Ed Thompson, who faced criminal charges in 1998 for having video poker machines in his Tee Pee Supper Club. The charges were later dropped.
"It's the age-old thing of 'Why can they do it when I can't?'" said Thompson, who was also a Libertarian gubernatorial candidate in 2002. "How can anybody say that's fair?"
Funmaker responded, "The difference is we are a sovereign nation, where the taverns are not. Our sovereignty allows us to govern ourselves.
"If the state is going to try to enforce this (ban), it's like the Ho-Chunk Nation trying to make policy for the state of Wisconsin. We are a separate government, and our sovereignty allows for these things."
She added that unlike taverns, the Ho-Chunk and other tribes also pay the state millions in casino revenues.
"So there are some things the taverns are able to do that we can't," she said.
Thompson said the ban probably won't have much effect on his business, which is located about 27 miles from the Ho-Chunk casino in Black River Falls and about 40 miles from the tribe's casino in Wisconsin Dells.
"It's not like somebody is going to drive that distance just so that they can have a cigarette with their beer," he said, adding that his restaurant is already smoke-free. "But it's going to be a death blow for some of these little places that just have a shot and a beer."
Funmaker noted that smoking is banned in all tribal workplaces except the casinos.
"Maybe in the future our tribal legislature may look into making our (casino) operations smoke-free as well," she said.
Our stupid RATS here in Pittsburgh PA are doing the same thing - A smoking ban for all of Allegheny County except at the soon-to-be-built casinos. Many small business owners are livid over this. Rendell is spending most of his time these days kissing but to keep the Penquins here and giving handouts to a local brewery to keep them going. Meanwhile, Port Authority is cutting over 124 routes to downtown Pittsburgh as of June 1st which will bring this city to a standstill and not a peep from the Mayor or Rendell. I've lived here all my life - think its time to go.
You fail to mention the tax angle of the Gov's plan which would raise the per pack tax to $2.02. Indian 'smoke shops' are also exempt from paying state taxes on cigarettes, so in addition to having a monopoly on casinos, they would have a built in 2 buck a pack advantage over convenience stores, gas stations, etc in the sale of cigs. We get the gov't we deserve here in the Badger State, and that is why those who can, are leaving.
Jeez. Sounds like the Indians have the state government bought and paid for up there.
Good point. Hadn't thought of that kickback, too.
I don't have a dog in this hunt, but if the reservations are "sovereign nations", why are they paying taxes to the state?
ah, not a problem since I'm a girl :)
But palefaces would be required, legally, to pay applicable excise taxes on ciggies bought on the reservation.
Well never say never.
just kidding........ducking.
Do Indian tribes pay taxes?
Indian tribal businesses do pay a wide variety of taxes, including taxes on wagering, occupational taxes, and employment taxes. For federal income tax purposes, however, Indian tribes are governmental entities and, as such, are not required to pay taxes on the income generated by the Indian tribes, including income generated by commercial activities.
http://www.nigc.gov/AboutUs/FrequentlyAskedQuestions/tabid/57/Default.aspx#q_04
They don't pay FEDERAL taxes, but I believe that each state cuts deals with them on State taxes. I think our tribes in WI pay something like $24 million into the coffers, annually. And that's only going to increase as 'Doyle & Crew' allow more casinos and off-reservation gambling spots.
Someone correct me if I'm wrong. The site linked above has a ton of information.
Thanks for the ping!
'Tis why I call him Craps (WEAC/Potawatomi-For Sale).
I suppose an old fashion powwow to smoke the peace pipe is out of the question...?
Many tribes already provide these services to themselves.
Only if they report said sales, kinda like buying stuff on the internet. 99.9% of sales not reported, not taxed, not anything.
We've got at least two Republicans up here who are supporting the ban to one degree or another.
I'm about fed to the teeth with this party. And I haven't smoked in almost 14 years. Sooner or later, the friggin' Nanny State will be in my home. Jerks.
LOL! Perfect for a casino worker--or is that her Indian name. Hmmmm.
I agree. I was praising my Mayor (Fitchburg) to the High Heavens because he helped keep the smoking ban from creeping over the hill from Madistan and landing in Fitchburg.
And now? Well, NOW he's all for a state-wide ban, because that's FAIR TO EVERYONE! Aaarrrghhh!
What is it that these people FAIL to understand? It's not about smoking; it's about personal and business and property rights! Grrrrrrr! Double Jerks! ;)
Sorry - But the sovereignty of the indian nations was established via treaty with the federal government. I'm not sure if your comment was tongue-in-cheek, but the sovereignty of the nations trumnps state and local - and federal, to some extent - laws.
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