Some members of the Maine House of Representatives want to ask the state’s Supreme Judicial Court to rule on whether the state’s tribes could offer gaming without the approval of the state.
All previous attempts to pass a bill opening gaming to Maine’s tribes have failed.
One of the House’s two non-voting tribal members, Henry John Bear, has suggested asking the Supreme Judicial Court to rule in light of the 1987 U.S. Supreme Court case that held that tribes in California could offer Class II gaming without the permission of the state.
Maine state law allows either chamber of the legislature or the governor to pose legal questions to the court.
Bear told his colleagues last week, “The time is right. I think the court will see this as the opportunity to help balance the relationship that has gone off the path and that they’ll see this as saving lives [by funding public health programs] and helping to bring about healing.” He added, “I’ve proposed this at the advice of numerous legislators. I’m hoping this order is just approved unanimously.”
At the same time the House is considering a bill that would authorize the state’s Gambling Control Board to issue licenses to federally recognized tribes to operate casinos with gaming tables and up to 1,500 slots.
Maine has two commercial casinos, one in Bangor and the other in Oxford County. The bill would prevent another commercial casino from being allowed until all four of the tribes have been granted gaming licenses.
All previous bills that would have allowed tribes to have casinos have failed.
