GIVEN UNDER THE PROVISIONS OF ARTICLE VI, SECTION 3 OF THE MAINE CONSTITUTION
Henry
John Bear, pro se John Clark, pro se
Daniel
W. Walker, Esq., and Matthew S. Warner, Esq., Preti Flaherty
Beliveau & Pachios, LLP, Portland, for Oxford Hills
Chamber of Commerce
Joshua
A. Tardy, Esq., Edmond J. Bearor, Esq., and Brent A. Singer,
Esq., Rudman Winchell, Bangor, for HC Bangor, LLC
OPINION
LEIGH
I. SAUFLEY Chief Justice
QUESTION
PROPOUNDED BY THE MAINE HOUSE OF REPRESENTATIVES ON AUGUST
30, 2018
WHEREAS,
it appears to the House of Representatives of the 128th
Legislature that the following is an important question of
law and that this is a solemn occasion; and
WHEREAS,
the Constitution of Maine, Article VI, Section 3 provides for
the Justices of the Supreme Judicial Court to render their
opinion on such a question; and
WHEREAS,
the House of Representatives has repeatedly considered
proposals to authorize tribal gaming such as House Paper 838,
Legislative Document 1201, "An Act To Authorize Tribal
Gaming" and House Paper 999, Legislative Document 1447,
"An Act To Recognize and Provide for the Right of the
Houlton Band of Maliseet Indians To Operate a Casino on
Houlton Band Trust Land Exempt from Certain Gaming
Laws"; and
WHEREAS,
the State authorizes and regulates casinos, including the
operation of table games and slot machines, pursuant to the
Maine Revised Statutes, Title 8, chapter 31; authorizes and
regulates betting on harness racing pursuant to Title 8,
chapter 11; and authorizes and regulates a state lottery
pursuant to Title 8, chapter 14-A; and
WHEREAS,
the revenue provided to the Houlton Band of Maliseet Indians
by tribal gaming will ensure tribal self-sufficiency and
self-determination and will be used by the tribal government
for critical social and health programs vital to the
well-being of tribal members including reducing chronically
high rates of unemployment, depression and mortality and
providing services such as health care, elder care, housing
and education; and
WHEREAS,
the Supreme Court of the United States decided in
California v. Cabazon Band of Mission Indians, 480
U.S. 202 (1987) that state and local governments do not have
the authority to regulate gambling on Indian land; and
WHEREAS,
it is important that the Legislature be informed as to the
question raised in this order; now, therefore, be it ORDERED,
that, in accordance with the provisions of the Constitution
of Maine, the House of Representatives respectfully requests
the Justices of the Supreme Judicial Court to give the House
of Representatives their opinion on the following question of
law:
Question.
Does the decision of the Supreme Court of the United States
in California v. Cabazon Band of Mission Indians,480 U.S. 202 (1987) allow the Houlton Band of Maliseet
Indians, a federally recognized Indian tribe, to conduct
gambling ...