Oregon Gov. urges Racing Commission to consult tribal nations on gambling expansion

Oregon Governor Kate Brown has pushed the state’s Racing Commission to slow down on a considered gambling expansion in Grants Pass, Josephine County. Brown urged commissioners to “meaningfully consult” with tribal governments on an application for 225 betting terminals at the Flying Lark, a proposed destination resort from the founder of the Dutch Bros. Coffee franchise.

“Thank you for your work on behalf of Oregonians to carry out the statutory responsibilities of the Oregon Racing Commission,” Brown wrote to commissioners on Tuesday, reports Willamette Week. “I write today to emphasize the importance of one of those responsibilities: the statutory obligation to meaningfully consult with Tribes on issues that may significantly impact them.”

The governor’s office had previously been consulted as to why the Flying Lark was proceeding without regard to the objections of Oregon’s tribes, which have raised concerns as they are dependent on gambling revenue.

While the state constitution prohibits off-reservation casinos, the Flying Lark seeks to take advantage of a 2013 law, which allows commercial horse tracks to offer betting on historical horse racing machines.

However, tribes are opposing this move, arguing that these machines no longer meet the statutory definition of parimutuel betting, in which bettors wager against each other, further reports WW. Instead, they are akin to video slot machines, in which bettors wager against the house, tribal nations say.

Brown’s efforts to include tribal nations in the conversation build upon a bill she worked on two decades ago to elevate state communications with tribes to a higher level, she remarked on the letter. The bill became ORS 182.162-.168, Oregon’s tribal consultation statutes.

“This law enshrines our shared commitment to strong government-to-government relations between the State and the nine sovereign, federally recognized Tribes that inhabit Oregon,” she said. “Robust consultation is a critical element of the working relationship between our governments, and an obligation that all agencies, boards, and commissions must satisfy.”

The Cow Creek Band of Umpqua Indians and the Grand Ronde are leading the pushback against the Flying Lark. The Umpquas have a venue, the Seven Feathers Casino, just 45 minutes north of the Grants Pass Downs racetrack; while the Grand Ronde’s Spirit Mountain Casino is the state’s largest. 

The tribes argue that lawmakers have failed to heed their request for a pause on any expansion of gambling in the state, and also claim the racing commission has proposed moving forward without the needed public process and debate. The tribes seek, at a minimum, an analysis of whether the betting machines would violate the ban on off-reservation casinos, and if they conform with the definition of parimutuel betting. 

The agenda item on the Flying Lark is now allegedly going to be postponed during the next commission meeting: this could give lawmakers the option to discuss the gambling expansion in 2022, along with all interested parties.

While Brown said she won’t tell commissioners what to do, the letter indicates she expects them to engage with the tribes on the proposed gambling expansion. “Although it is not my role as Governor to weigh in on agency licensing decisions, it is nonetheless my expectation that, as part of its regulatory licensing function, the Oregon Racing Commission will satisfy its statutory obligation to meaningfully consult with tribal governments,” it reads.