[blindlaw] ADA violations in Indian gaming casino

[stiehm.law]

I am hardly an expert in this area of the law, but I have learned some
basic concepts over the years, in several areas, i.e., debt collection
against tribal corporations, businesses and individuals on reservations,
enforceability of hunting and fishing regulations on reservations, the
creations of casinos on reservations within states in contravention of
state law and the Indian Child Welfare Act.  As a result I have some
ideas.

First, it is my understanding of the law, that state laws are not
generally enforceable on reservations, because of their status as
sovereign nations.  The vary reason you can have Indian casinos on
reservations within states that otherwise prohibit them is because of
this sovereign status.  This is important because state laws that mirror
the ADA in some aspects and may provide better remedies than the ADA, as
it has been interpreted, as I understand is the case in California, are
not of any help.  Tribal casinos are often managed by non tribal
corporations, that may be subject to state law, thought clearly such
entities are not subject to state law in running the casinos.  It may be
worth a bit of research however. 

Second, it is my understanding of the law that some federal laws apply to
individuals, businesses and corporations operating on reservation. 
Weather or not the ADA is one of these statutes and to what extent it may
apply, I do not know but again a bit of research might help.

Third, the tribal council may have adopted an ADA type ordinance or law,
that is enforceable in tribal courts.  This also my be worth a bit of
research.

Finally, the degree to which a given tribe may be "sovereign", vis-a-vis
some state and federal laws may be affected one way or another by
treaties between the United States and that tribe.  Not to sound like a
broken record, but this also may be worth a bit of research,

Good luck and please keep us posted on any progress you make on this
issue.  I am sure it is of interest to all of us.

Patrick H. Stiehm
Stiehm Law Office
Alexandria, VA 22309
703-360-1089 (Voice)
703-935-8266 (Fax)


On Sat, 29 Aug 2009 00:23:25 -0700 <ckrugman at sbcglobal.net> writes:
> I was contacted by a blind person who experienced a possible ADA 
> violation at an Indian gaming casino here in central California. He 
> was at a computer terminal playing bingo with his friend who was 
> helping him as he could not read the computer screen. She advised 
> him that he had a bingo and he called out as such. The casino staff 
> did not want to award him his prize as he had stepped aside from the 
> computer so his friend could read the screen and they were upset 
> that someone was helping him play. He and his friend had frequented 
> this casino on a regular basis and they were known to staff and 
> other patrons. He attempted to explain the situation to a supervisor 
> who was not helpful. I will be recommending that he file a complaint 
> with the U.S. Department of Justice as it is my understanding that 
> California ADA remedies and complaints do not apply as this is on 
> Indian land. Is anyone aware of any similar problems with casinos 
> both Indian or otherwise. I am especially interested as much of the 
> new gaming technology is not accessible to blind patrons wanting to 
> gamble. I personally raised the issue of accessibility to a member 
> of another tribal council not involved in this incident and while he 
> thought it was a valid concern he was not in a position to do 
> anything about it. Any thoughts are appreciated.
> Chuck Krugman, M.S.W., Paralegal
> 1237 P Street
> Fresno ca 93721
> 559-266-9237
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