POLITICAL FRONT Mississippi Sovereignty Showdown H aley Barbour, Governor of Mississippi and the longtime Republican powerhouse credited with the 1994 Republican Revolution, might have his year in 2012 with a bid for the White House, but 2010 will be remembered as the year he picked a fight with the Mississippi Band of Choctaw Indians (MBCI) and lost. Barbour v. MBCI In the spring of 2010, the tribe’s Chief, Miko Beasley Denson, proposed opening a gaming facility on trust land in the Bogue Homa community in south central Mississippi, Bok Homa Casino. This satellite of the tribe’s flagship Pearl River Resort would house more than 750 slot machines and a quick service restaurant in an approximately 27,000 sq. ft. building. Even before the MBCI Tribal Council voted to approve the project in June, Governor Barbour went public with his disapproval of the proposed casino. Joining Barbour in publicly calling on the tribe to abandon the project were Senator Roger Wicker, Congressman Gregg Harper and all but one statewide elected official in Mississippi. Even candidates in the 2010 midterm elections lined up against the project. Barbour’s criticism of the project ran the gamut from dismissing the casino as a “slot parlor” and raising health and environmental concerns to claiming the tribe was in violation of the State Gaming Compact signed in 1992. 40 Indian Gaming January 2011 Tribal Miko Beasley Denson; Pearl River Resort CEO Major General Paul Harvey, USAF (ret.); and “Mr. Las Vegas”Wayne Newton welcome the crowd to the Bok Homa Casino. Despite Barbour’s claims, Mississippi Attorney General Jim Hood concluded in a June memorandum, “After thorough review, staff has found no viable legal cause of action which would halt the proposed development, either by challenging the validity of the 1992 Gaming Compact between the State of Mississippi and the Mississippi Band of Choctaw Indians, or by otherwise challenging the proposed development itself.” In a June 27 editorial for the Jackson Clarion-Ledger, Perspectives Editor Sid Salter ridiculed Barbour for his opposition: In Barbour’s letter last week to Choctaw Miko Beasley Denson, the governor made every possible threat to the Choctaws – lawsuits, regulatory hurdles from environmental challenges, public health concerns, potential damages to state and county roads and bridges – to stop the project. Barbour even lamented the dangers the development posed to “tortoises, fowl, snakes, and plants” in the Pine Belt region. Please... All that flora and fauna aside, it’s clear why Barbour and other state officials want to stop the Choctaw’s project – to protect the profit margins of the state-regulated casinos from competition. Denson’s Field of Dreams Despite the barrage of external criticism and some internal opposition, Miko Beasley Denson pushed the project forward with support from a majority of the Tribal Council. Efforts to force a reservation-wide referendum on the issue failed after the applications were deemed deficient by tribal courts. Denson said, “A majority of the Tribal Council understood the magnitude of this project when they voted in favor of the authorizing resolution. I commend the Tribal Council for their support and for embracing my vision of what was possible in Bogue Homa. Success here will help the Mississippi Band fund and operate our tribal schools, our own tribal law enforcement department, fire department, security services, courts and judicial system, Choctaw Health Center, water treatment plants, housing and maintenance facilities, forestry, land management, childcare services, social services, and many other basic governmental programs. I believe the casino we open here today serves the best interest of our tribe and will prove to be a catalyst for continued economic development in the region.” The Bok Homa Casino is part of a larger realignment of the tribe’s largest business, the Choctaw Resort Development Enterprise (CRDE). CRDE operates Pearl River Resort, the southern United States’ first comprehensive luxury gaming resort employing more than 2,500. The resort features over 3,500 slot machines, 70 table games, 1,074 hotel rooms, 10 restaurants and European spa facilities. Also featured is The Arena at Golden Moon Hotel & Casino, the region’s largest casino event venue, The Dancing Rabbit Golf Club with two championship golf courses and Geyser Falls Water Theme Park, one of the region’s largest water park attractions. In 2007, after Denson was sworn in as the Tribal Miko, his administration began a wholesale evaluation of the CRDE’s operations. The tribe’s second casino, the Golden Moon, was built directly across the street from the Silver Star and left the tribe with more casino than the market could sustain. Denson made the decision to reduce the Golden Moon’s operating hours during the week throughout 2009 and 2010 before converting it into the largest casino event venue in the southeast. According to Denson, “This conversion will transform the Golden Moon property into a driver of revenue rather than the drag on profit it has been for years.” Citing efficiency and revenue provided through the rightsizing of casino operations in Choctaw, Denson believed the next step was to tap into demand for gaming and entertainment options in the south central portion of the state. The Innovation Group, a Colorado-based gaming consultancy, January 2011 Indian Gaming 41 POLITICAL FRONT confirmed the demand and potential success of this project through in-depth, independent market assessments. “The tribe should have built the Bok Homa Casino years ago instead of building the Golden Moon as a casino. In gaming as in real estate, location is critical. Bok Homa is located just off a major interstate and convenient for visitors from across the southeast.” Borrowing from the classic baseball movie Field of Dreams, Denson stated, “if you build it, they will come.” Victory for Tribal Sovereignty The Mississippi Band of Choctaw Indians is the fourth largest employer in Mississippi. The Bok Homa Casino project brought an $18 million investment in local construction and generated over 300 new jobs. Despite all of this, a majority of the Mississippi political establishment opposed the project and Governor Barbour, despite the legal opinion of his own Attorney General, continued his efforts to stop construction, including appealing to the Environmental Protection Agency and National Indian Gaming Commission. In July 2010, the tribal government issued an “Open Letter on Tribal Sovereignty” signed by Miko Denson and fourteen of the seventeen Tribal Council members. The Tribal Council members who did not sign the letter cited a reluctance to challenge the state's non-tribal elected officials and an unwillingness to incur more debt in order to build the Bok Homa Casino as reasons for not joining the majority of their colleagues. The letter stated: The history of this country is littered with examples of broken agreements between the Indian tribes and the state and federal governments. As representatives of the government of the Mississippi Band of Choctaw Indians, we stand united in our commitment to exercising our right to pursue economic development through gaming under our compact as we determine to be in the best interest of our Tribe. We have a responsibility to provide for our ten thousand tribal members, which in so doing will also benefit the State of Mississippi and all its citizens. Construction began on June 17, 2010 and the casino held its grand opening on December 20, 2010. Amid the fanfare of “Mr. Las Vegas” Wayne Newton, The Flying Santas and the more than 300 invited guests at Bok Homa’s Grand Opening, Miko Denson stated, “Despite humble beginnings, we are inheritors and protectors of a proud tradition and I remain committed to providing a prosperous future for our people.” p For more information about the Mississippi Band of Choctaw Indians, visit www.choctaw.org. January 2011 Indian Gaming 43
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