January 17, 2007

The Scarecrow's Lament

Surely you remember the Scarecrow! Somewhere down the road on the way to Oz, he lamented: “If I only had a brain”. The good news is that he was eventually successful in his quest and went on to become the ruler of Oz and (I’m told) is still a trusted advisor to Queen Ozama. His clear thinking continues to help him act wisely for the good of all the people of Oz.


Fast forward now to the State of Florida in the early 1990’s. Lawton Childs is Governor. A State Lottery system has been in place since 1988 after a Constitutional amendment was approved by the voters in 1986. Throughout his tenure Childs was adamantly opposed to proposals by the Seminole Tribe of Florida to enter into a compact (binding agreement) that would allow them to conduct gambling operations similar to what the State of Connecticut authorized the Mashantucket Pequot tribe to conduct on their reservation. Their Foxwoods facility along with the more recent Mohegan Sun operated by the Mohegan tribe (Contrary to what you may have heard, Uncas was not the Last of the Mohegans) is considered one of the most successful in the world. Child’s position is that he is opposed to gambling. His moral and philosophical stance never challenges the state lottery but he does authorize more money to advertise and promote the wildly successful gambling initiative.


In Connecticut, Governor Lowell Weicker unilaterally negotiated an agreement that provided the State with the greater of a minimum of 100 million dollars or 25 per cent of the take on slot machines in exchange for exclusive right to slot machines by Native Americans. Connecticut’s share in the first year exceeded 130 million! During Child’s tenure, the Seminoles try repeatedly to enter into the compact that they must have in order offer forms of gambling other than Bingo. They offer to give the State more than double what the Pequots gave to Connecticut. Child’s administration says no. Gambling is wrong. Lottery continues to grow.


In January 1999, Jeb Bush becomes Florida’s 43rd Governor. Political party affiliation is different but the quaint moral and philosophical rationale is the same regarding Indian gaming. The State pretends but never negotiates in good faith with the Tribe. Gambling is wrong. At the same time, with millions more spent on promoting it, the Florida lottery grows to be one of the most lucrative systems in the country. Floridians continue to travel offshore or to other states to gamble. Florida loses billions of dollars in revenues from gaming and gaming related venues. Lottery grows.


The racinos will soon be operational and sending a percentage of their take to the State of Florida. Indian gaming will continue to operate successfully without a compact and without sending any of its gaming income to the State. Our State needs to take the blinders off, stop the hypocrisy, and quickly negotiate a compact that will provide fair and reasonable terms for Indian gaming and institute a Florida Gaming Commission with regulatory oversight on this burgeoning industry.


Until that happens, more Governors and politicians down the road will be looking back at history with the Scarecrows lament.


Slainte!


John Kelly

Posted by goldberg at 05:40 PM