Election may decide fate of Indian gaming in Nebraska

Tuesday, Jan. 4, 2000 | 9:52 a.m.

Sen. DiAnna Schimek of Lincoln said she plans to introduce a constitutional amendment Wednesday, the Legislature's opening day, to legalize gambling on American Indian lands.

"I'm convinced this is a tribal sovereignty issue," Schimek said.

At least 30 senators must approve the amendment before it would appear on the general election ballot in November.

Schimek's proposal comes during a bitter gambling dispute between the Santee Sioux of Nebraska and the state.

The tribe says its sovereign status under federal law gives it the right to operate a casino but the state argues it has a right to keep casinos outside of state borders.

The Nebraska Constitution prohibits casino-style gambling, including slot machines and blackjack tables.

It does allow for the multistate Powerball lottery, a state-sponsored lottery, keno, pickle cards, bingo, raffles and horse racing.

Gov. Mike Johanns "hasn't seen the language of the proposed amendment, but he does hold a position of opposition to expanded gambling," said Chris Peterson, the governor's spokesman.

The Santee Sioux has been illegally operating its Ohiya casino for nearly four years. Its defiance has come with a price tag: In February 1999, U.S. District Judge William Cambridge imposed a $3,000 daily fine, doubling it in July after the tribe refused to close its casino.

The tribe now owes the government $1.4 million.

Schimek's proposed change in the state constitution brought mixed reviews.

"My mind is open on the issue," said Omaha Sen. Ernie Chambers, who is typically opposed to gambling issues.

"In general, I'm not in favor of expanding gambling," said Speaker Doug Kristensen of Minden. "The only way I would change my mind would be if I were convinced there was a good state purpose."

Schimek said gambling is an economic tool for the tribe. Tribal Chairman Butch Denny said the state would benefit by creating jobs on the reservation through the casino.

"We have 23 people with jobs who are not on welfare. When you have unemployed people, you have a lot of other problems," Denny said, citing domestic violence, alcohol abuse and child neglect.

Schimek plans to introduce her proposal to the Legislature's General Affairs Committee. Sen. Ray Janssen of Nickerson, the committee's chairman, said the amendment likely would affect only the Santee Sioux because other tribes with land in Nebraska already have casinos in adjoining states.