Prehistory of Indian Gaming

In the very early 1970s, Russell and Helen Bryan, a married Chippewa couple living in a mobile home on Indian lands in northern Minnesota, received a property tax bill from the local county, Itasca County.[1] The Bryans had never received a property tax bill from the county before. Not uncertain what to do, but unwilling to pay it, they took the tax notice to local legal aid attorneys at Leech Lake Legal Services, who brought suit to challenge the tax in the state courts. The Bryans lost their case in the state district court, and they lost again on appeal in a unanimous decision by the Minnesota Supreme Court. Their last chance was to seek review in the United States Supreme Court. The Supreme Court granted review, and in a sweeping and unanimous decision authored by Justice Brennan, the Supreme Court held not only that states do not have authority to tax Indians on Indian reservations, but that they also lack the authority to regulate Indian activities by Indians on Indian reservations.[2] As Gaming Law Professor Kevin K. Washburn has explained, the stage was now set for Indian gaming. Within a few short years, enterprising Indians and tribes began to operate Indian bingo operations in numerous different locations around the United States.

Notes

  1. ^ Kevin K. Washburn, "The Legacy of Bryan v. Itasca County: How an Erroneous $147 County Tax Notice Helped Bring Tribes $200 Billion in Indian Gaming Revenue" 92 Minnesota Law Review 919 (2008), [1].
  2. ^ Kevin K. Washburn, "The Legacy of Bryan v. Itasca County: How an Erroneous $147 County Tax Notice Helped Bring Tribes $200 Billion in Indian Gaming Revenue" 92 Minnesota Law Review 919 (2008), [2].

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