Ever hear of Nevada? I don't know why the Indians can't, They should.
-- Modified on 3/29/2005 5:17:21 PM
in a state where gambling is illegal. Why not a brothel? or could an indy operate with immunity as long as she was on the reservation?
Ever hear of Nevada? I don't know why the Indians can't, They should.
-- Modified on 3/29/2005 5:17:21 PM
Yes, I know about Nevada but I don't thimk they are on Indian reservatios. Could be but I doubt it.
They're not. Your question was much better than my answer. Too much board meeting last night. I can only speculate about the reservations. I believe it was easier to get gaming approved by itself than to try get two "sin based" industries approved in tandem. I believe it was just the path of least resistance to get the much more lucrative casinos approved. I do not know this for a fact, but it would make sense.
Indians believe that the resevation is an independent nation outside the jurisdiction of the US. If they wished to have a brothel,they believe they would have the right. i wish they would it would be a great money maker for the tribes.
Given the way that casinos became legal (the reservation is not actually part of the state that contains it), they should be able to get out of any state laws banning prostitution.
However, I have no idea if there are any federal laws about prostitution on a reservation...and it's also quite possible that federal statutes such as the Mann act could be used against the lady or her clients if they ever left the reservation.
(Disclaimer: I'm not a lawyer, I just play one on message boards)
"Gotta read this link" by DEANNA of Atlanta on 3/29, and includes my take on this subject, if anyone cares. Basically, California is a unique situation (albeit one that's the template for other states), and don't look for legal brothel on reservations anytime soon. You're right, foo, federal laws apply, which is why you can't drive over to the res to buy weed ....
I believe that Native Americans may have some fundamental philosophical issues with this profession. Just a guess.
FOR CALIFORNIA AT LEAST: the reason gaming is allowed on Indian land is because state law DOES allow some gaming (e.g.: church bingo, lottery) and if it is allowed AT ALL it is legal on Indian land. Prostitution is not allowed under any circumstances so the same does not apply.
The Indian Reservation Gaming Act permits gambling on the reservations with the concurrence of the affected state, to the best of my knowledge, there is no Indian Reservation Brothel Act. Congress usurped the power of the Indian nations when they passed the IRGA,because (according to treaty)the Indian Nations are sovereign nations with the legal power to conduct tribal business without taxation, etc. with only the proviso that they cannot raise armies and conduct external affairs, and so now the state(s) in which the casinos are located have the right to enforce state laws on the reservation as a "quid pro quo."