March 27
Seminole Tribe v. Florida addresses the role
of states in Indian gaming.
In accordance with the Indian Gaming Regulatory
Act (see entry for OCTOBER 17, 1988), the Semi-
nole sue Florida to force the state to negotiate with
the tribe concerning a gambling parlor it intends to
open. The state counters the suit by claiming that,
as a sovereign entity, it cannot be sued without its
consent, according to the Eleventh Amendment.
In a five-to-four vote, the Supreme Court rules
in favor of Florida. The decision is seen as an impor-
tant precedent and a controversial victory for states’
rights: By declaring states immune to prosecution
for violating federal law, it opens the door for states
to ignore congressional edicts, such as environmen-
tal legislation, that they do not want to follow.
Ironically, the Seminole’s defeat is perceived by
many Indians (including some Seminole) as a boon
to tribal gambling. The ruling effectively strikes
down the Regulatory Act’s requirement that tribes
negotiate with states, many of which are highly re-
sistant to reservation gaming.
Spring
The Taos Indians defy a court order to shut
down their casino.
The U.S. attorney general orders the Taos Indians to
close the doors of their casino when New Mexico,
pressured by non-Indian business interests, refuses to
give it the state’s approval. The Taos rely on the casino’s
income to pay a mortgage on land worth $10 million
surrounding the sacred Blue Lake (see entry for DE-
CEMBER 15, 1970), which the Indians purchased to
keep the area clear of non-Indian vacationers. Rather
than risk foreclosure, the Taos continue to operate
the casino and file suit against the state.
April
The Human Genome Diversity Project is
announced.
At the Pan American Health Conference on Indig-
enous Peoples in Winnipeg, Canada, researchers
announce plans for the Human Genome Diversity
Project. The project is an effort by anthropolo-
gists, geneticists, and other scholars to document
the genes of humans around the world. The orga-
nization intends to collect DNA specimens from
722 indigenous peoples it deems in danger of
extinction.
The project is immediately condemned by in-
digenous groups across North America, who have
not been consulted about its implementation.
Many peoples speak out, warning of the potential
for corporations and governments for using these
DNA samples for profit or for the extermination
of indigenous peoples. Other groups are also an-
gered by the suggestion that they are a “vanishing
race,” an idea that they feel non-Indians will use to
deny them political power and dismiss their soci-
eties and cultures.“Suppose a group of Ameri-
can Indians decided to use St.
Peter’s Cathedral as a place
to climb. They used ropes and
ladders to scale the church,
but they only chose Sunday
to resort to this sport. Or
suppose they decided to go
to Israel and use the Wailing
Wall as a climbing site? What
if they decided to scale some
of the mosques in the Mus-
lim countries? How long do
you suppose they could enjoy
this sport before all hell broke
loose?”
—Oglala Lakota journalist
Tim Giago on the Devils Tower
controversyP