Good Morning NUNAverse,
The 8th Circuit Court of Appeals ruled 2-1 on August 25 that healthcare is a treaty right guaranteed to the Rosebud Sioux Tribe by the 1868 Treaty of Fort Laramie. Although a number of treaties call for the provision of medical services for tribes, federally funded health care for Native people is authorized by legislation. In ruling that competent health care is a treaty right, however, the court ties it with the power of the U.S Constitution in which treaty rights are considered to be the supreme law of the land. The circuit court’s ruling emerged from a 2016 lawsuit by the Rosebud Sioux Tribe v. United States of America et al over the closure of the IHS’ emergency room on the reservation. Patients were diverted to hospitals more than 50 miles away, which presented danger to patients seeking emergency care according to the lawsuit.
The United Houma Nation on Tuesday night reported Hurricane Ida caused extensive damage to the roof of its administration building located in Houma, Louisiana. According to a statement issued late Tuesday night, the roof is already being repaired, and the debris is being cleaned up, but the building is in need of a new air unit and large fans that can be used once the electric power is restored. Tribal administrator Lanor Curole told Native News Online that several staff members of the tribe have been staying at the tribal headquarters, a former nursing home that was donated to the United Houma Nation earlier this year. Only about a third of the building is usable at this time. The facility is currently being used as a staging area for relief efforts in the coastal tribal communities. Chief August Creppel told Native News Online on Tuesday night the tribe is still in the process of assembling the information on casualties and injuries to tribal citizens.
With the NFL regular season kicking off September 9, the state of Connecticut took a major step closer this week toward legalized sports wagering, online gaming, and other new forms of betting after a legislative committee approved emergency regulations for the new gaming market. Connecticut now awaits the U.S. Department of the Interior’s expected approval of changes to agreements between the state and its two federally recognized tribal nations, the Mashantucket Pequots and Mohegans, who play major roles in the state’s gaming expansion plan. Other steps, including codifying the Department of Interior’s decision in the Federal Register and approving licenses for operators and key employees, still need to be completed before bets can be placed.
Sports betting in tribal casinos in Washington could be offered by the opening week of the NFL season. The U.S. Department of the Interior approved sports gambling compact amendments for the Puyallup, Tulalip, Snoqualmie, Spokane, Cowlitz, Squaxin, Suquamish, Stillaguamish, and Lummi tribes, while applications by Muckleshoot, Swinomish, Skokomish, Kalispel, Jamestown S’Klallam, Shoalwater Bay and the Confederated Tribes of the Colville Reservation remain pending. The Washington State Gambling Commission in late July gave final approval to sports gaming proposals outlined by tribes, hoping to have everything in place by the September 9 NFL season opener. Tribal nations see the NFL season as a prime source of sports gambling revenue at a time their communities — badly hit by COVID-19 shortfalls — need additional money to provide various health, education, and other social services.
Keep reading for a full news update.
Law:
Federal Court Affirms Health Care As Treaty Right
Indian Country Today, Mary Annette Pember, September 1
Native people may now claim a higher legal authority in calling for health services. The 8th Circuit Court of Appeals ruled 2-1 on Aug. 25 that healthcare is a treaty right guaranteed to the Rosebud Sioux Tribe by the 1868 Treaty of Fort Laramie. Although a number of treaties call for the provision of medical services for tribes, federally funded health care for Native people is authorized by legislation, such as the Snyder Act of 1921 and the permanent reauthorization of the Indian Health Care Improvement Act. In ruling that competent health care is a treaty right, however, the court imbues it with the power of the U.S Constitution in which treaty rights are considered to be the supreme law of the land. The circuit court’s ruling emerged from a 2016 lawsuit by the Rosebud Sioux tribe v. United States of America et al over the closure of the IHS’ emergency room on the reservation. Patients were diverted to hospitals more than 50 miles away; this presented danger to patients seeking emergency care according to the lawsuit.
Connecticut Panel OKs Sports Betting, Online Gambling Rules
AP News, Susan Haigh, September 1
With the NFL regular season kicking off Sept. 9, the state of Connecticut took a major step closer this week toward legalized sports wagering, online gambling and other new forms of betting after a legislative committee approved emergency regulations for the new gambling market. Connecticut now awaits the U.S. Department of the Interior’s expected approval of changes to agreements between the state and its two federally recognized tribal nations, the Mashantucket Pequots and Mohegans, who play major roles in the state’s gambling expansion plan. Other steps, including codifying the Department of Interior’s decision in the Federal Register and approving licenses for operators and key employees, still need to be completed before bets can be placed.
Court Rejects Plea To Reconsider Cayuga Nation Ruling
Finger Lake Times, David Shaw, September 1
For the second time in a month, the village of Union Springs has lost its effort to shut down an electronic gaming facility operated by the Cayuga Nation in the Cayuga County village.
On Aug. 20, the Second Circuit Court of Appeals rejected the village’s petition that it reconsider its July 27 decision prohibiting the village from enforcing anti-gaming and building code laws aimed at shutting down a Class II gaming operation in a renovated former Napa Auto Parts Store on Route 90. The Second Circuit Court of Appeals upheld an earlier ruling by Federal Judge David Hurd that rejected the village’s efforts to close the gaming operation.
Casinos:
WA Tribal Casinos Get Final Federal Ok For Sports Betting
AP News, September 1
Sports betting in tribal casinos in Washington could be offered in some by the opening week of the NFL season. The U.S. Department of the Interior approved sports gambling compact amendments for the Puyallup, Tulalip, Snoqualmie, Spokane, Cowlitz, Squaxin, Suquamish, Stillaguamish and Lummi tribes, while applications by Muckleshoot, Swinomish, Skokomish, Kalispel, Jamestown S’Klallam, Shoalwater Bay and the Confederated Tribes of the Colville Reservation remain pending. The Washington State Gambling Commission in late July gave final approval to sports gambling proposals outlined by tribes, hoping to have everything in place by the Sept. 9 NFL season opener. Tribal nations see the NFL season as a prime source of sports gambling revenue at a time their communities — badly hit by COVID-19 shortfalls — need additional money to provide various health, education and other social services.
Other:
United Houma Nation Update: Assessment Of Damage Hampered By Lack Of Electrical Power
Native News Online, September 1
The United Houma Nation on Tuesday night reported Hurricane Ida caused extensive damage to the roof of its administration building located in Houma, La. According to a statement issued late Tuesday night, the roof is already being repaired, and the debris is being cleaned up, but the building is in need of a new air unit and large fans that can be used once the electric power is restored. Tribal administrator Lanor Curole told Native News Online that several staff members of the tribe have been staying at the tribal headquarters, a former nursing home that was donated to the United Houma Nation earlier this year. Only about a third of the building is usable at this time. The facility is currently being used as a staging area for relief efforts in the coastal tribal communities. Chief August Creppel told Native News Online on Tuesday night the tribe is still in the process of assembling the information on casualties and injuries to tribal citizens. The process has been hampered by the lack of electricity, cell phone signals and internet.
New Mexico Education Policy Director Resigns Over Remarks
AP News, Cedar Attanasio, September 1
An education policy expert is resigning her post at the New Mexico Legislature following a long-simmering controversy over remarks she made about Native American students in 2019. Legislative Education Study Committee director Rachel Gudgel announced her resignation Wednesday, ending her tenure as a top nonpartisan adviser to lawmakers focused on education policy, where she earned around $130,000 per year. The decision followed a year of disciplinary actions that included a temporary suspension, an apology and a $100,000 professional coach. In her apology to Native leaders, she described her remarks as “insensitive.” Native advocacy groups and lawmakers later called for her resignation.
Diné College Increases Minimum Wage To $15 Per Hour
Native News Online, September 1
In an attempt to remain competitive in the job market, Diné College increased its minimum wage to $15 an hour for regular full-time employees. The decision impacts more than two thirds of the college’s workforce of 276 individuals. The increase comes as the federal government and Navajo Nation have a minimum wage of $7.25 an hour. The minimum increase has been in the works since the beginning of 2021, according to Diné College President Charles “Monty” Roessel. Diné College is a four-year tribal college located on the Navajo reservation with six campuses and two microsites across Arizona, New Mexico, and Utah and primarily serves Navajo students.