Report: Michigan AG Threatens Penalties As Tribes Look To Open Casinos

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Despite Gov. Gretchen Whitmer’s declaration of a statewide stay-home order through May 28, it is widely agreed that Michigan tribal casinos are permitted to open without any dispute.

Are the customers and workers allowed to enter the casino facilities when the state’s 12 autonomous Native American tribes open their doors?

The office of Michigan Attorney General Dana Nessel has issued a published letter to an Upper Peninsula tribal community, expressing that their plans to open a casino this week are not permissible.

Upon receiving the letter, the Hannahville Indian Community decided to postpone the reopening of its casino. However, the tribe promptly announced their intention to resume operations on May 16, which is significantly earlier than the anticipated expiration of the stay-at-home order.

Michigan’s tribes are planning to have additional discussions with state government officials next week as their casinos remain closed during the ongoing COVID-19 pandemic.

Casino changed reopening plans this week

Next week’s meetings were reported by Bridge Magazine, a non-profit news agency, which also published the accompanying letter.

The date was Tuesday, just a day prior to the scheduled opening of Island Resort and Casino in Harris, near Escanaba. The establishment had been shut down since March 21.

Due to the pandemic, all of Michigan’s 26 casinos had closed by March 22. The U.P. facility was poised to become the first one to reopen.

Nevertheless, due to unexpected events, the group has announced a postponement in reopening until May 16.

Letter asked tribe to reconsider opening casino

In her letter, Christina Grossi, the Chief of Operations for Nessel, acknowledges the tribes’ economic hardship.

The Tribe’s notable sacrifices may be entirely negated if they hastily revert back to normal operations, even with certain adjustments.

Although the governor lacks jurisdiction over sovereign individuals residing on sovereign land, the letter highlights the possibility of “potential civil and criminal penalties” for certain customers and employees. Specifically, these individuals encompass “non-Indians, Indians residing within the Tribe’s Indian country who are not enrolled members of the Tribe, and enrolled tribal citizens in Michigan residing outside of the Tribe’s Indian country,” as stated in the letter.

The letter outlines the penalty imposed by the Department of Health and Human Services director, which is a fine of $1,000 for each violation or for each day the violation persists.

Meeting could be step toward cooperation

As per the Bridge report, an upcoming conference call has been scheduled early next week involving Whitmer, Nessel, and tribal leaders from Michigan.

Jonodev Chaudhuri, a former chairman of the National Indian Gaming Commission, expressed optimism for the upcoming meetings in Michigan, highlighting the positive collaboration between states and tribes during his tenure from 2013 to 2019.

He stated that the most effective approach to ensure a synchronized effort is to handle these matters with mutual respect. The aim is for these governing bodies to collaborate and safeguard the public, while also addressing tangible economic factors.

Another U.P. casino announced it will open ‘soon’

Northern Waters Casino Resort in Watersmeet has taken to its Facebook page to announce its upcoming reopening following the announcement by the Hannahville tribe. Additionally, the resort has provided comprehensive information regarding the safety measures they will be implementing.

The measures implemented consisted of pre-admission prescreening, a maximum limit of 150 guests, and mandatory mask-wearing.

On Friday, Kewadin Casinos initially scheduled May 16 as the reopening date for its five U.P. locations. However, later in the afternoon, they decided to postpone the reopening to June 1.

The current reopening plans for the other U.P. casinos, including the Bay Mills facilities in Brimley and the Ojibwa Casinos in Baraga and Marquette, have not been announced yet.

COVID-19 hit Michigan hard, but not the U.P.

As of Friday, Michigan has experienced one of the highest impacts from the novel coronavirus in the country, as evidenced by the state death toll nearing 4,400.

Nevertheless, the majority of the reported cases and fatalities have originated in the Metro Detroit region.

According to the state’s information, Menominee County, the home of Island Resort and Casino, has recorded six confirmed cases of COVID-19, with no reported fatalities.

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