An overwhelming majority of reader comments following an article on forcing a smoking ban at Connecticut’s tribal casinos supported the stance taken by the tribes. The Mashantucket Pequots and the Mohegans say the issue is not over smoking but over tribal sovereignty, and attempts to infringe on this sovereignty will not go unchallenged.

Yesterday the Mohegans threatened to sue the state and withhold slot machine revenue if a bill to ban smoking at the Mohegan Sun and Foxwoods casinos becomes law. This week the Public Health Committee approved the bill and Mohegan Tribal Chairman Bruce Bozsum stated in letters to the Connecticut Governor and Attorney General that the tribe’s right to sovereign governance under federal law would be infringed.

According to Bozsum, if the smoking ban bill is passed the tribe will be forced to “vigorously defend our federally recognized rights to govern our lands. I will be compelled to initiate legal action on behalf of the tribe to stop this assault on our rights.” The bill would require the tribes to sign agreements documenting progress toward elimination of smoking throughout their facilities, or else lose their state liquor permits, and be smoke free by 1 October 2011.

An employee at the Mohegan Sun commented that the smoke really is not an issue. “In my opinion if a patron does not like the smoke they have the option to go to a non-smoking area. There is no need to ban smoking in the casino, they have plenty of air conditioning and proper air vents for the smoke.” Someone who describes himself as no fan of the casinos wrote that once again the state is trying to force legislation where it doesn’t belong.

Should the two tribes withdraw their slot machine revenue payments to the state, Connecticut would lose around US$375 million at a time when it is facing large budget deficits. The threat to tie the money up in an escrow account throughout a lengthy court case may make legislators return to a softly, softly approach in negotiations for smoke free tribal casinos. (E-03.26.09)

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