Turning Stone is dry for a reason

By Carole Estabrook

Monday, October 29, 2007 9:50 AM EDT

The New York State Liquor Authority seems to have delivered checkmate to the Turning Stone Casino and Resort, threatening to withhold alcohol licenses to third-party caterers if the Oneida Nation continues its B.Y.O.B. policy.
The Oneida Nation argues that no private party can tell someone that they cannot bring their own alcoholic beverages to the property. The nation plans to defend their policy to the Authority this week.

Although members of the Oneida Nation are exempt from state laws, they are still subject to federal regulation.

The Bureau of Alcohol, Tobacco and Firearms is a federal agency, ultimately responsible for regulating the use, production and possession of alcohol.

However the tribal council, not the local or federal government, has jurisdiction over reservations and is protected by the Bureau of Indian Affairs (BIA).

The BIA is a federal agency, created specifically to manage the 56 million acres of land held in trust by the United States for Native Americans.

But the BIA reports to the larger Department of the Interior (DOI).

The DOI is responsible for 508 million acres of US land including dams, reservoirs, public parks, historic landmarks and wildlife refuges.

In a nutshell, nations are exempt from state laws, yet subject to federal regulation.

But the tribal council has ultimate jurisdiction over the federal government, a right protected by (drum roll)#- the federal government.

Confused yet? Of course you are.

I'm confused and I wrote it!

Indian reservations are a catch-22 by design. Reservations lands were trusted to the individual Indian Nations by the federal government, therefore the individual nations are always going to be relegated by U.S. law.

Alcohol at a wedding is one thing, but gambling under the influence is reckless and stupid.

Besides which, there is nothing more obnoxious than a drunk at a concert.

Bottom line, the Turning Stone Casino & Resort was denied its liquor license for a reason.

B.Y.O.B. somewhere else.

Estabrook's column appears Mondays and she can be reached at estabrookcarole@yahoo.com

The Citizens' Say

There are 4 comment(s)

Dan W wrote on Oct 31, 2007 4:51 PM:

" One mistake, the Turning Stone is not on reservation land. Its still is under state laws. The Oniedas have requested to have the land in trust. NY is in the orginal 13 states. The reservations was set up for the western part of the US. Before they were states. They have some hurdles to leap through as do the Cayuga tribe. Both land claims was toosed out by the Supreme court. Because of "checker boarding by both tribes. That is still going on. "

Oa wrote on Oct 31, 2007 2:42 AM:

" Carole, can I assume you're never going to step foot in a Vegas or Atlantic City casino because they serve alcohol? Great! It'll be more fun there without the tea totalers whining about the booze. "

MISSEY1941 wrote on Oct 29, 2007 3:36 PM:

" All other casino's that are run by indians in this state are allowed to serve liquor.The Oneidas want to serve at their new night club,the golf courses and their restaurants. They have not asked to serve on the CASINO FLOOR,like all the casino's do in both Las Vegas,and Atlantic city. If you want to bring your own booze to the Holiday Inn, or any other hotel and drink it in your room it is not against the law. If you went to other casino's and saw the tight security they have, you wouldn't have written this column. "

brew1234 wrote on Oct 29, 2007 2:55 PM:

" Making a casino operate without a liquor license is a huge detriment to the success of their business. Denial of this license is just a ploy to get back at the right of the tribe to flaunt state laws. A gambler has the right to gamble sober and the casino has the responsibilty to not overserve the customer. Stop trying to babysit adults. "

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