Monday, October 29, 2007

"The Untouchables"

If you or I owned a pub or bar, and were careless by feeding our customers too much alcohol, you can bet at some point one of our patrons would end up in a serious auto accident, possibly causing great harm to others. You can also bet that we would be named as defendents in lawsuits as a reward for our carelessness. However, if you are a tribal casino your sovereign nation status protects you from any such legal action. (Yet as tribal members you are allowed to contribute money to US political campaigns and vote in US elections.) From the Tucson Citizen:

Plaintiffs suing tribes can't get day in court
GARY FIELDS
The Wall Street Journal

The collision jolted Gary Filer awake in the back seat. A second impact brought his minivan crashing to a halt against a highway barrier. Filer lay partially on the road, his legs trapped in the wreckage, listening to the whine of his dog, Sadie. "She worked her way out and crawled over and lay on my lap," he remembers.

The minivan, driven by Filer's wife, had been hit by a Cadillac Escalade traveling the wrong way down Interstate 10.
The driver had been drinking heavily at the Desert Diamond Casino, six miles away.

The impact killed Filer's wife. The lower portion of Filer's right leg was later amputated. Sadie was euthanized.

The wreck's legal consequences seemed clear. Douglas Levitski, the Escalade driver, had a blood-alcohol level nearly three times the Arizona limit when he slammed into the Filers' Grand Voyager just after midnight on July 3, 2004. He was later charged with second-degree murder.

The casino where Levitski was drinking seemed a good target for a lawsuit. Like many states, Arizona has a law that makes liable establishments and employees who serve alcohol to visibly intoxicated customers who then cause accidents.

But when Filer went to sue the casino in state court in Tucson, he quickly learned that the textbook on civil litigation doesn't apply on tribal land, or to tribal entities. Under federal law, tribes are considered sovereign nations and are immune from most lawsuits. The Desert Diamond Casino where Levitski got drunk is on the San Miguel Reservation of the Tohono O'odham Nation.

So even though the accident itself involved no tribal members and took place off the reservation, Filer's state civil suit seeking $2 million in damages from the tribal-owned casino was rejected.

Arizona's appeals court upheld the decision.

"This conclusion, we hasten to add, may be unsatisfactory to some and arguably divorced from the realities of the modern world," wrote Judge John Pelander in the opinion.

3 comments:

Meeerkat said...

It is for this exact reason that I do not believe Tribal Gaming has any benifit to our society. It is only a drain and the price we will pay is too high. Gambling is a negative thing in it's own but combining the danger of addiction and the lack of accountability while on tribal land is down right frightening. The tribes can claim that "soverign immunity" B.S. and get away with it. .That is not right and I belive the change is near. More and more people need to become aware of this dangerous situation and take action. Tribes should be treated like any other company. Tribes should pay their fair share and give back more than just a small percentage of what is already being given to them in welfare money through our tax dollars. Wake up taxpayers! We really do have a say!

sosumi said...

I don't think anyone explained to voters back when this thing went on the ballot that the tribe would be able to operate with impunity - without regulation, or recourse for the local population if things went wrong.

Unknown said...

No regulations, no rules, no transparency, no repercussions. Who would have thought this is what a backyard casino meant?