Some tribes reopen casinos despite state opposition

MASHANTUCKET, CONN. » Drivers heading down state roads leading to Foxwoods Resort Casino and Mohegan Sun in Connecticut are greeted by flashing warnings: “Avoid Large Crowds” and “Don’t Gamble With COVID.”

Despite having authority to shutter thousands of businesses during the coronavirus pandemic, Connecticut Gov. Ned Lamont has been constrained when dealing with the sovereign tribal nations that own two of the world’s largest casinos. After pleading with tribal leaders not reopen and even raising the possibility of pulling their stateissued liquor licenses, he ultimately settled for ordering state transportation workers to put up the signs.

“People over the age of 65 should not be in large, congregate settings. We think that’s dangerous, even now,” said Lamont, a Democrat, after the casinos partly reopened on June 1, weeks ahead of the state’s timetable for large indoor events. “So, we tried to put some good, strong advice in place as people are on their way to taking a gamble.”

Connecticut’s two federally recognized tribes, the Mashantucket Pequot Tribal Nation and the Mohegan

Tribe are not alone in reopening doors early as the nation reemerges from the shutdown — though both say they are being careful about reopening. Facing pressure to bring back employees and start generating revenue, tribes in Washington, Oregon, California, Florida, North Carolina, New York and elsewhere have decided to welcome back gamblers even though their states haven’t allowed large gatherings.

Other businesses have bristled at shutdown orders and restrictions, and some have pushed the limits. But the tribes that run the casinos are different because the U.S. Constitution recognizes them as sovereign nations with full authority within their reservations — so state and local leaders have no say in reopening their casinos.

“Tribal nations are just that, they’re nations. So they are not bound by state laws,” New York Gov. Andrew Cuomo said recently.

New York state officials haven’t decided yet when to allow commercial casinos to reopen, but the Oneida Indian Nation announced it will partly reopen three casinos last Wednesday, and the Cayuga Nation reopened its casino on May 15. Both are upstate, where similar large gathering places are not yet open.