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Advocacy

Tribal Gaming and the Fight for Economic Sovereignty

When people outside Native communities hear the words tribal gaming, many picture a casino and little else. The history behind those buildings is far more important than the buildings themselves.

A community health clinic building on tribal land under an open sky

When people outside Native communities hear the words tribal gaming, many picture a casino and little else. The history behind those buildings is far more important than the buildings themselves. Tribal gaming is the product of a long legal struggle over sovereignty, the right of Native nations to govern their own lands and economies, and it remains one of the clearest examples of what that sovereignty can achieve and where its limits lie.

From bingo halls to the Supreme Court

In the 1970s, several tribes began running high stakes bingo games on reservation land. Many reservations had been left with little land, few jobs and almost no tax base after generations of federal policy designed to shrink and assimilate them. Bingo offered something rare: income controlled by the tribe itself.

States pushed back, arguing that their gambling laws applied on reservations. The dispute reached the United States Supreme Court in California v. Cabazon Band of Mission Indians in 1987. The Court held that if a state permitted a form of gaming for others, it could not use its regulatory laws to prohibit tribes from offering it on their own lands. It was a significant recognition that tribes are governments, not simply groups of residents subject to state control.

The Indian Gaming Regulatory Act

Congress responded the following year with the Indian Gaming Regulatory Act of 1988. The Act created a framework that still governs tribal gaming today.

ClassExamplesRegulated by
Class ITraditional and ceremonial games, social games for small prizesThe tribe alone
Class IIBingo and similar gamesThe tribe, with oversight from the National Indian Gaming Commission
Class IIICasino style games, slot machines, table gamesTribal state compacts negotiated with each state

The Act also required that gaming revenue be used for tribal government operations, the general welfare of tribal members, economic development, charitable purposes and funding local government agencies. In other words, the money was meant to rebuild nations, not simply enrich individuals.

What gaming has built

For some nations, gaming revenue has funded schools, health clinics, housing, elder care, language revitalization programs, scholarships and the buying back of ancestral land. It has created jobs in regions where there were almost none. For some tribes, it has made possible the kind of self determination that treaties promised and federal policy long denied.

The picture is uneven, however. Tribes close to large cities have often done well. Many remote tribes run small operations that earn modest amounts, and a large number of federally recognized tribes have no gaming at all. Averages hide wide differences.

The idea we disagree with: casinos made tribes rich

A common belief, repeated in popular culture and sometimes in political debate, is that casinos have made Native Americans wealthy. It is used to question treaty obligations, federal funding and even the need for advocacy.

It is simply wrong as a general statement. Gaming revenue is highly concentrated among a small share of tribes. Many Native communities continue to face some of the highest poverty rates in the country, along with serious gaps in health care, housing and infrastructure. The success of some nations does not cancel the obligations owed to all of them, just as the wealth of some states does not cancel federal responsibilities to others. The history of broken promises covered in the treaty system and how it was broken did not end when the first casino opened.

New pressures on tribal gaming

Tribal gaming now faces new challenges. The expansion of commercial sports betting and online gambling in many states has created competition that tribes did not negotiate for in their compacts. Offshore and online platforms of many kinds, from sports betting apps to sites such as ankertoto, operate far from reservation lands and outside the tribal regulatory framework. Many tribal leaders have argued that states must respect existing compacts and involve tribes as they expand legal gambling, and some tribes have negotiated their own role in online and sports betting.

These debates are not only about money. They are about whether tribes will continue to be treated as governments with rights, or as competitors whose interests can be set aside when the market changes.

Why this history matters

Tribal gaming is sometimes discussed as if it were a business story. It is a sovereignty story. It exists because Native nations went to court, asserted their right to govern themselves and won. The same principle underlies land back movements, the protection of sacred sites and the return of cultural objects.

Understanding that history helps explain why so many tribal leaders defend gaming compacts so strongly, and why they see threats to them as threats to self government itself. For the longer arc of that struggle, the 500 years that shaped today offers essential context. More on these issues is in our Advocacy section.

SO
Sarah Okafor

Sarah covers Indigenous rights movements, treaty law and political advocacy. She has reported on campaigns from Standing Rock to mascot reform and writes about the practical work of building coalitions.

More posts by Sarah

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