TV gambling spokesman dismayed that new governor has not contacted tribe

Thursday, Feb. 11, 1999 | 9:09 a.m.

"There's been no official communication with Gray Davis, which is disconcerting. What are we to think?" Mark Macarro, chairman of the Pechanga Band of Mission Indians, asked after the California Indian Gaming Summit ended Wednesday. "He's done nothing to allay or soothe my fears."

The election of Davis was considered a plus for Indians frustrated by their inability to negotiate gambling compacts with then-Gov. Pete Wilson. The remarks by Macarro, the most visible member of an increasingly politically powerful group, come as Davis already is under fire from special interest groups critical of his first month in office.

The Pechanga band is one of more than 40 tribes that run casinos in California. Based in Southern California, theirs is one of the more successful casinos. The band was a significant contributor to Proposition 5, a ballot measure approved by voters in November to ease restrictions on Indian casinos but subsequently was tied up in court.

Pechanga is one of several Southern California tribes who could be forced to remove their lucrative slot machines because the U.S. Attorney's office for this district has deemed them illegal. The federal prosecutor's efforts to get them removed is pending in the 9th Circuit Court of Appeals, but a favorable ruling from the state Supreme Court or a compact with Davis could prevent that seizure.

"Time is essential," Macarro said, noting that although Davis has several legitimate state matters to attend to, he recently took a one-week fence-building trip to Mexico. "I didn't know they ever voted for him."

Davis' spokesman, Michael Bustamante, said the governor plans to address Indian gambling shortly. "He is looking to appoint someone to be his point person to meet with the tribal leaders," he said.

Davis plans to make his appointment soon, Bustamante said, noting the governor has been busy pushing through education reforms, which have been his top priority. Bustamante also said that Davis considered the trip to Mexico extremely important for a variety of reasons, including California's economy and trade

Davis never endorsed Prop 5, but said he would enforce it after voters made it law. He also has said he is willing to negotiate compacts with tribes, who are eager to do so in case one of the two lawsuits challenging Proposition 5 in the state Supreme Court succeeds or if federal authorities make moves to seize slot machines from Indian casinos.

Some special interest groups have been critical of Davis' work thus far and have said the honeymoon over getting a Democrat elected to office has ended.

California's Indians don't qualify as special interest groups because they are sovereign governments, Macarro said.

"How can you have a honeymoon when you don't see your spouse?" he asked.

Macarro said that while Davis apparently has talked to some tribes about how to proceed with Indian gambling, the Pechanga Indians have not heard anything. Because each tribe is its own sovereign government, any negotiations Davis has with other tribes mean little to the Pechanga, Macarro said.

Jerome Levine, an attorney for several tribes, said he's aware of a few tribes that have had discussions with Davis since he took office. Nonetheless, Macarro said, the Pechanga band has yet to talk to him despite making efforts to do so.

Macarro, whose image was splashed across TV sets across the state for several months, said the Proposition 5 experience has made him cynical about some things. After achieving great name recognition among Californians, he has been disappointed to see that people form opinions about him based on little more than 30-second TV spots.

And while some supporters have encouraged him to run for office, he said he is not interested right now. At 35, he wants to spend time with his family and serve as an advocate for teaching Indian history in schools.

"I just signed my boy up for Little League and I don't want to miss his games," he said. "Maybe later in life - look at how old Ronald Reagan was when he became president or even governor."