Traditionally, historically, and by all legal standards local
zoning has been the exclusive prerogative of the local government.
The fact that we have allowed multi-layered bureaucracies such as
LAFCO, Open Space Authority, National Bureau of Wildlife, and
California Coastal Commission to move in and usurp that authority
is only a reflection of the willingness of the people of California
to tolerate bloated government. But that’s another letter
– don’t blame government, they just eat what we feed them.
Dear Editor,
Traditionally, historically, and by all legal standards local zoning has been the exclusive prerogative of the local government. The fact that we have allowed multi-layered bureaucracies such as LAFCO, Open Space Authority, National Bureau of Wildlife, and California Coastal Commission to move in and usurp that authority is only a reflection of the willingness of the people of California to tolerate bloated government. But that’s another letter – don’t blame government, they just eat what we feed them.
Indian gaming should be explored in a light that I don’t feel has been sufficiently dealt with; the effect it will have on local government First of all, treaties between our federal government and Indian tribes or nations all started as an accommodation to the problems of allowing the Indians, relegated to assigned and specific reservations, to govern themselves. Only in the case of major crimes would the local law enforcement officials take jurisdiction over the policing of incidents arising within the boundaries of the reservation. Minor disputes and misdemeanors were a matter for the tribal police, or through some mutual agreement, with the county sheriff. It was agreed that the preservation of ancient customs for these tribes was more vital to their way of life than to require that they submit to the local laws.
Then in the 1980’s, Indian gaming, though long allowed within the tribe, was opened to the public and, over the objections of local policing authorities, it was decided by the federal courts to be permissible since it was still confined to reservation lands and the activity was, after all, only a misdemeanor. Incidentally, gambling in California and all other states, by law and Constitution, has rigidly been kept under the authority of the state and local governments.
So now the authority to place casinos in the communities of our nation comes about as a matter of treaty between governments; the federal government of the United States and the government of an Indian tribe, no matter it’s size or constituency, once it is recognized. This tribe is then treated as an independent nation, even though all the members of this nation are born in this country, vote in this country and are citizens of this country with all the rights and benefits attached thereto.
They also have the legal authority to contribute money of whatever proportion to the election campaigns of our politicians, a benefit denied foreign governments. In other words, Congress has the authority to write treaties with people who are citizens of our local communities when they want to be, and who, at their option, may invoke their identity as a member of an “independent” group and retreat to the sanctuary of a reservation beyond local control.
Then, when the federal courts decided it was OK to let outsiders come onto the reservations and avail themselves of the joys of gaming (only a misdemeanor) some opportunistic entrepreneurs got the idea of making reservations a haven for large casinos and cash in on this newly discovered revenue source. Shortly thereafter the camel got its nose a little farther into the tent and the gaming bosses (no longer just Indians) decided that it would be a good idea to buy land in populated areas, form a consortium they would call a tribe, call the land a reservation and open a casino there.
Then, as revenue increases, more land is purchased and other enterprises could spring up, still beyond local control.
Now, if you think local planning should be the result of a treaty between Congress and an alien nation then sit back and enjoy the ride, because the end of that journey is nowhere in sight. Gambling is only a misdemeanor! Prostitution is only a misdemeanor, too, as are after-hours serving of alcohol, furnishing alcohol to minors, and many other “minor” crimes we could name.
My issue is local control. If we just stand idly by and allow an “independent nation” or the federal government to take over the planning and policing of our local communities, then we are giving up another fundamental right that could have serious implications in the future. If Californians want gaming, then let Californians vote it into existence.
If, however, we don’t speak out now and every time our government gets carried away with its desire to control us, we will forever be fed whatever the fed prescribes. Neither we nor our children may be happy with that fare in future years.
Bob Winter, Gilroy
