Photo by Capitol Media Services

Arizona’s horse and dog tracks stepped up their latest campaign Monday to get access to slot machines and possibly other forms of gambling. Such a move would violate the 2002 gaming compact with the state’s Indian tribes that was put on the ballot by initiative and narrowly approved by voters. But the racetracks’ new strategy, crafted by Scottsdale uber-publicist Jason Rose, makes the case that the Tonoho O’odham already have broken the compact with plans to build what would be the state’s largest casino in Glendale. That site isn’t anywhere the state’s second biggest reservation, but apparently would be allowed under an obscure federal law quietly approved by Congress before the 2002 vote. The Tohono O’odham tribe has purchased the land and is waiting for the federal government to declare the location as part of its sovereign territory.

The racetracks are arguing voters had no idea in 2002 that renewing an exclusive monopoly for Indian tribes on slot machines and blackjack (and adding poker) would enable them to build new casinos in areas not part of their existing territories. Sheila Morago, executive director of the Arizona Indian Gaming Association, objects to the notion that voters might have been fooled or kept ignorant during the 2002 campaign.

“That’s your perception,” she told Capitol Media Services. “Has anybody ever asked them?”

Well, as someone who covered the 2002 campaign, I can definitely say that no one ever mentioned the possibility of one or more tribes opening casinos on land not previously recognized as eligible. In fact, there was some debate about the distinct competitive advantages that the urban tribes such as Salt River and Gila River (and the Tonoho in Tucson) had over tribes in rural areas. That was one reason why the compact (as previously negotiated by then-Gov. Jane D. Hull) allows the tribes to sell or lease their designated slot machines to another tribes. The idea was that rural tribes who would face real challenges in attracting casino customers might find it easier and more profitable to sell their share to an urban tribe.

The tribes seem to like their current monopoly. They remain opposed to allowing more gambling at the race tracks, even though that would trigger a “poison pill” in the 2002 compact that would lift most restrictions on tribal casinos. But the tribes need to prepare themselves for a potential backlash that could benefit competitors if the Tohono O’odham tribe goes through with its plans in Glendale.