Tillie Hardwick (née Myers; 1 August 1924 – 15 July 1999) was a Pomo Indian woman who was instrumental in reversing the California Indian Rancheria termination policy of the U.S. government.
103-706: Tillie Myers was born 1 August 1924 to Joe Myers and Elisabeth Posh and grew up in Mendocino County, California on the Pinoleville Indian Rancheria , just north of Ukiah, California . Hardwick's family had lived in the Clear Lake drainage basin for many generations and she remembered stories told by her mother and aunt about her grandparents involvement in the Bloody Island Massacre of 1850. When Congress passed
206-518: A 58% majority vote, making it the first county in the United States to declare prosecution of small-scale marijuana offenses the "lowest priority" for local law enforcement. Measure G does not protect individuals who cultivate, transport or possess marijuana for sale. However, Measure G was passed at the local government level affecting only Mendocino County, and therefore does not affect existing state or federal laws. The city of Berkeley has had
309-426: A Long Struggle", states are likely the largest "opponent of Indian nations, their governments, and their new efforts in the gaming world." States, likely concerned about their own interests, receive criticism for taking a stance that opposes tribal sovereignty. Stein argues that Native Americans are still state citizens, regardless of tribal affiliation, and therefore, like any other state citizen should be benefitted by
412-523: A casual reading of the statute might suggest. Although Congress clearly intended regulatory issues to be addressed in Tribal-State compacts , it left a number of key functions in federal hands, including approval authority over compacts, management contracts, and Tribal gaming ordinances. Congress also vested the Commission with broad authority to issue regulations in furtherance of the purposes of
515-472: A female householder with no husband present, and 34.3% were non-families. 27.0% of all households were made up of individuals, and 10.4% had someone living alone who was 65 years of age or older. The average household size was 2.53 and the average family size was 3.04. In the county, the population was spread out, with 25.5% under the age of 18, 8.1% from 18 to 24, 25.6% from 25 to 44, 27.1% from 45 to 64, and 13.6% who were 65 years of age or older. The median age
618-547: A law in 1958 to terminate her tribe’s reservation lands, under the Indian termination policy , tribal members agreed in exchange for private land ownership and improvements including sewers, running water, streets and fire hydrants. The government also promised to provide a special program of education and training designed to help the Indians to earn a livelihood. Hardwick and other tribal members were led to believe that termination
721-533: A moratorium on any new tribal-state compacts or on new Indian gaming operations. The Indian Trust Lands Reform Act was introduced in 1995 and 1997, marking an attempt to deny the Secretary of Interior the power to take additional lands in trust for Native American tribes if it were for "commercial" purposes (such as gaming). Several Congressional members have expressed concern about the lack of regulation related to revenue sharing from funds generated by gaming. It
824-849: A new way to be economically independent was needed. Widespread poverty among Native Americans continues today, nearly two hundred years later. Gaming is one way to alleviate this poverty and provide economic prosperity and development for Native Americans. Naomi Mezey, a professor of law and culture at Georgetown, argues that as Native American gaming regulations currently stand, the IGRA fails to provide Indians with economic independence. The act forces tribes to depend on both federal and state governments. Many Native Americans give up rights in order to receive government financial assistance. "The federal entitlement of Native Americans to game on tribal lands does not implicate economic development policy and wealth distribution alone. By redistributing culture and sovereignty,
927-485: A reservation was about 31 percent. In 1987, just prior to the IGRA, unemployment was 38 percent. By 1989, the year following the enactment of the IGRA, it had increased to 40 percent. The most recent BIA report from 2005 found American Indian unemployment at a staggering 49 percent. The 2010 U.S. Census reported unemployment of Native Americans (including those living both on and off reservations) and Alaskan Natives to be 17.9 percent, tied with African American unemployment as
1030-488: A right to regulate gaming has to do with negative effects associated with gambling. Gambling, in general, has been known to lead to "compulsive addiction, increased drug and alcohol abuse, crime, neglect and abuse of children and spouses, and missed work days." Those problems affect communities near Indian casino establishments. Many believe that because states are forced to deal with the negative consequences of Native American gaming, states should have greater power to regulate
1133-647: A similar law (known as the Berkeley Marijuana Initiative II) since 1979 which has generally been found to be unenforceable. In 2008, the Mendocino County Board of Supervisors placed Measure B on the June 3 county-wide ballot. After three months of hard-fought campaigning and national attention, voters narrowly approved "B", which repealed the provisions of 2000's Measure G. However, opponents of Measure B intend to continue
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#17327903963541236-580: A threat to the Non-Indian casinos, a gambling competition has developed between the two kinds of casinos. Such high-stakes gambling in tribal areas and tax-exempt policy give Indian casinos great advantages in this competition. Consequently, Non-Indian casinos have lobbied the government to strengthen the regulatory power of the states toward Indian gaming. Since its passage a variety of changes and proposals have been considered, and changes are still being considered. Congress has discussed proposals to impose
1339-617: Is a heritage railway (that formerly connected Fort Bragg, California with Willits ) using steam locomotives. For commercial service, passengers in Mendocino County need to go to Eureka , one county to the north in Humboldt County , or to Sonoma County Airport in Santa Rosa , Sonoma County , one county to the south. More comprehensive service is available from Sacramento to the east or San Francisco , well to
1442-657: Is a nonprofit organization founded in 1985 made up of 184 Indian Nations, with additional nonvoting associate members. The purpose of the NIGA is "to protect and preserve the general welfare of tribes striving for self-sufficiency through gaming enterprises in Indian country," and to "maintain and protect Indian sovereign governmental authority in Indian Country." The NIGA seeks to advance the lives of Indian people economically, socially, and politically. To fulfill its mission,
1545-527: Is actually located in adjacent Humboldt County ), which was probably named in honor of either Antonio de Mendoza , Viceroy of New Spain , 1535–1542 (who sent the Juan Rodríguez Cabrillo Expedition to this coast in 1542), or Lorenzo Suárez de Mendoza , Viceroy from 1580 to 1583. Mendocino is the adjectival form of the family name of Mendoza . Neither Spanish nor Mexican influence extended into Mendocino County beyond
1648-405: Is represented by Glenn McGourty, and serves the central-eastern region of the county, including Potter Valley , Redwood Valley , Calpella , and Talmage . The second district, represented by Maureen Mulheren, serves Ukiah . The third district, in the northeastern quadrant of the county from Willits north to Laytonville and Covelo , is represented by John Haschak. The fourth district covers
1751-517: Is the southernmost California county to be included in the World Wildlife Fund's Pacific temperate rainforests ecoregion , the largest temperate rainforest ecoregion on Earth. The county is noted for its distinctive Pacific Ocean coastline, its location along California's " Lost Coast ", Redwood forests , wine production , microbrews , and liberal views about the use of cannabis and support for its legalization . In 2009, it
1854-535: Is vested exclusively in tribal governments and is not subject to IGRA's requirements. Class II gaming is defined as the game of chance commonly known as bingo (whether or not electronic, computer, or other technological aids are used in connection therewith) and, if played in the same location as the bingo, pull tabs, punch board, tip jars, instant bingo, and other games similar to bingo. Class II gaming also includes non-banked card games , that is, games that are played exclusively against other players rather than against
1957-746: The 2020 census , the population was 91,601. The county seat is Ukiah . Mendocino County consists wholly of the Ukiah, California Micropolitan Statistical Area (μSA) for the purposes of the U.S. Census Bureau . It is located approximately equidistant from the San Francisco Bay Area and California/ Oregon border, separated from the Sacramento Valley to the east by the California Coast Ranges . While smaller areas of redwood forest are found further south, it
2060-700: The Anderson Valley Advertiser , the Willits Weekly and the Independent Coast Observer. Four formerly independent newspapers are now owned by the national conglomerate media company Digital First Media , they are: The Ukiah Daily Journal, The Mendocino Beacon , the Willits News , and The Fort Bragg Advocate. These four papers have seen a precipitous decline in the size of editorial staff and in coverage over
2163-548: The California Secretary of State reports that Mendocino County has 54,505 registered voters. Of those, 26,648 (48.9%) are registered Democratic; 11,387 (20.9%) are registered Republican; 4,389 (8.1%) are registered with other political parties, and 12,082 (22.1%) declined to state a political party. In 2000, Mendocino County voters approved Measure G, which calls for the decriminalization of marijuana when used and cultivated for personal use. Measure G passed with
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#17327903963542266-600: The National Indian Gaming Commission (NIGC), indicate there are approximately 360 Indian gaming establishments in the United States. These casinos are operated by approximately 220 federally recognized tribes, and they offer Class I, Class II and Class III gaming opportunities. The revenues generated in these establishments can be substantial. Tribal casinos located in the eastern United States generated roughly $ 3.8 billion in FY02. Those located in
2369-548: The President of the United States , and has five regional divisions. NIGC Regional Headquarters are located in Portland , Oregon; Sacramento , California; Phoenix , Arizona; St. Paul , Minnesota; and Tulsa , Oklahoma. The NIGC's mission is to regulate gaming activities on Indian lands for the purpose of shielding Indian tribes from organized crime and other corrupting influences. It also seeks to ensure that Indian tribes are
2472-503: The Russian River valley near Hopland . Mendocino is a strongly Democratic county in presidential and congressional elections. The last Republican to win a majority in the county was Californian Ronald Reagan in 1984 . However, in the 2016 election, Mendocino County gave Hillary Clinton a reduced margin of victory of any Democrat since Al Gore (though support for third-party candidates more than doubled from 2012). In 2020
2575-625: The U.S. Census Bureau , the county has a total area of 3,878 square miles (10,040 km ), of which 3,506 square miles (9,080 km ) is land and 372 square miles (960 km ) (9.6%) is water. The 2010 United States Census reported that Mendocino County had a population of 87,841. The racial makeup of Mendocino County was 67,218 (76.5%) White , 622 (0.7%) African American , 4,277 (4.9%) Native American , 1,450 (1.7%) Asian , 119 (0.1%) Pacific Islander , 10,185 (11.6%) from other races , and 3,970 (4.5%) from two or more races. Hispanic or Latino of any race were 19,505 persons (22.2%). As of
2678-427: The U.S. Constitution , the federal government possesses the sole right to treat with Native Americans. Case law has since granted Congress jurisdiction over Indian reservations. Yet, Public Law 280, passed by Congress in 1953, transferred criminal jurisdiction over Indian reservations from the federal government to certain states. Although both the district court and Minnesota Supreme Court originally ruled in favor of
2781-602: The U.S. Department of the Interior and created new federal offenses, giving the U.S. Department of Justice authority to prosecute them. The law has been the source of extensive controversy and litigation. One of the key questions is whether the National Indian Gaming Commission and Department of Interior can be effective in regulating tribal economic decisions related to Indian gaming. The controversies have produced litigation, some of it reaching
2884-442: The U.S. Supreme Court . Gambling is a part of many traditional Indian cultures. Tribal games include dice and shell activities, archery competitions, races, and so on. When Native Americans were moved to Indian Reservations in the mid- to late 1800s, most were left with limited economic opportunity. Today, most of these reservations "are located in remote areas with little indigenous economic activity .... [They] have some of
2987-510: The census of 2000, there were 86,265 people, 33,266 households, and 21,855 families residing in the county. The population density was 25 people per square mile (9.7 people/km ). There were 36,937 housing units at an average density of 10 units per square mile (3.9 units/km ). The racial makeup of the county was 80.8% White , 0.6% Black or African American , 4.8% Native American , 1.2% Asian , 0.2% Pacific Islander , 8.6% from other races , and 3.9% from two or more races. 16.5% of
3090-471: The poverty line , including 21.5% of those under age 18 and 7.7% of those age 65 or over. As of 2023, the District Attorney of Mendocino County is C. David Eyster, the elected Sheriff - Coroner is Matthew C. Kendall and the chief executive officer is Darcie Antle. Mendocino County is legislatively governed by a board of five supervisors, each with a separate district. The first district
3193-575: The 1987 Hardwick II decision have been reviewed as the basis for California gambling establishments on tribal lands since the inception of the Indian Gaming Regulatory Act (IGRA). Mendocino County, California Mendocino County ( / ˌ m ɛ n d ə ˈ s iː n oʊ / ; Mendocino , Spanish for "of Mendoza ") is a county located on the North Coast of the U.S. state of California . As of
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3296-559: The 2 mile wide strip of land belonged to themselves and not the other, with both counties attempting to levy and collect property tax land in said strip. In 1907, Trinity County sued Mendocino County in a Tehama County court to settle the dispute. The trial court in Tehama County ruled in favor of Trinity County, even though the land was situated south of the 40th parallel and state law stated that lands south of that parallel belonged to Mendocino County. The appellate court upheld
3399-701: The 20th century. Other tribes from the Sierra Nevada mountains were also relocated to the Round Valley Indian Reservation during the "California Trail Of Tears", where the Natives were forced to march in bad conditions to their new home in Round Valley. Many of these tribes thrown together were not on good terms with the other tribes they were forced to live with on the reservation, resulting in tensions still evident today. In
3502-516: The Act were Senator Daniel Inouye of Hawaii, Representative and then (as of 1987) Senator John McCain of Arizona, and Representative Mo Udall of Arizona. Representative Udall had previously sponsored numerous bills regarding Native American issues and rights. At the time, Senator McCain was serving as a member of the Committee on Indian Affairs, of which Senator Inouye was the chairman. As S.555,
3605-612: The Act. Accordingly, the Commission plays a key role in the regulation of class II and III gaming. The Act provides the Federal Bureau of Investigation (FBI) with federal criminal jurisdiction over acts directly related to Indian gaming establishments, including those located on reservations under state criminal jurisdiction. Since the inception of IGRA, the FBI has devoted limited investigative resources to Indian gaming violations. The most recent Indian gaming statistics, provided by
3708-458: The Cabazon tribe filed a lawsuit against the state, claiming that such an action was illegal in light of prior court rulings and the sovereign rights of the reservation. The state, on the other hand, argued that running such a high-stakes gambling organization was illegal and therefore punishable as a criminal violation of law, in accordance with Public Law 280 . The Cabazon case eventually reached
3811-494: The California Constitution to define marriage as a union between one man and one woman. The following table includes the number of incidents reported and the rate per 1,000 persons for each type of offense. A coroner's jury ruled that the 2018 Hart family crash in Mendocino County was deliberate. Mendocino County is considered part of the San Francisco Bay Area television market, and primarily receives
3914-657: The California surveyor-general to survey the line and establish the boundaries between the two counties. The new line, as surveyed by Sam H. Rice and approved by the California Attorney General on December 18, 1891, was found to be 2 miles north of the common boundary surveyed by W.H. Fauntleroy, thereby resulting in Trinity County exercising jurisdiction two miles south of the 40th parallel north. Between 1891 and 1907, both counties claimed that
4017-564: The Central United States recorded gross revenues of approximately $ 5.9 billion, while those located in the Western United States generated close to $ 4.8 billion. Most of the revenues generated in the Indian gaming industry are from Indian casinos located in, or near, large metropolitan areas. Currently, 12% of Indian gaming establishments generate 65% of Indian gaming revenues. Indian gaming operations located in
4120-554: The Court opened the door for the Native American gaming industry. Gambling quickly became a popular instrument for economic development on reservations striving for economic opportunity. As the growth in Indian gaming continued in the 1980s (grossing over $ 110 million in 1988), though, tensions increased. States began lobbying the federal government to allow states to regulate Indian gaming. States argued that their regulation
4223-657: The English singer-songwriter John Howard on his 2007 E.P., and also by Bette Midler on her 2014 album It's The Girls . A song written by Matt Serletic and Bernie Taupin , " Mendocino County Line " which was released in 2002, is about a love that could not last and cites the 'Mendocino County Line' in the chorus. Many films and movies have been filmed in and around Mendocino County , including Dying Young , The Russians Are Coming ; Overboard ; The Dunwich Horror ; The Karate Kid Part III ; Dead & Buried ; Forever Young ; Same Time Next Year ; Racing with
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4326-560: The Government Accountability Office (GAO) reported that of over 4 million Native American citizens, nearly 30 percent are living in poverty, often lacking basic infrastructure. Likewise, Native Americans continue to have the highest unemployment rates of any ethnicity in the U.S. According to the earliest report by the Bureau of Indian Affairs in 1982, the unemployment level of American Indians living on or near
4429-504: The IGRA has fueled the tribe's long battle from cultural survival and political autonomy." The IGRA has proven to be a major focus of the controversy surrounding Indian gambling. The controversy and concerns come from the following three main areas: (1) tribal-state compacts (2) negative public reaction, and (3) gambling competition. Tribal-State Compact is a form of cooperation commonly used in Class III gambling. These compacts affect
4532-499: The Indian gaming industry. The other side of the issue—tribal rights—also carries important points of consideration. Native American tribes enjoy a limited status as sovereign nations but are legally considered as "domestic dependent nations" as opined by the Marshall Court in 1829. Native Americans have always had difficulty finding a source of steady income. Traditional Native American ways of life had been taken away, and so
4635-454: The Moon ; Pontiac Moon ; and The Majestic . Indian Gaming Regulatory Act The Indian Gaming Regulatory Act ( Pub. L. 100–497 , 25 U.S.C. § 2701 et seq. ) is a 1988 United States federal law that establishes the jurisdictional framework that governs Indian gaming . There was no federal gaming structure before this act. The stated purposes of
4738-498: The NIGA works with the federal government and members of congress to develop sound policies and practices and to provide technical assistance and advocacy on gaming issues. The NIGA's office building is located in Washington, D.C. The NIGA headquarters building was purchased by a tribal collective. It is the first structure to be owned by Native Americans in Washington, D.C. NIGA is presided by Ernest L. Stevens, Jr. who serves as
4841-431: The National Indian Gaming Commission (NIGC). Tribal governments are responsible for regulating class II gaming with Commission oversight. Only Hawaii and Utah continue to prohibit all types of gaming. The definition of class III gaming is broad. It includes all forms of gaming that are neither class I nor II. Games commonly played at casinos , such as slot machines , blackjack , craps , and roulette , clearly fall in
4944-636: The Supreme Court ruled in Carcieri v. Salazar that the Department of the Interior could not take land into trust that was acquired by tribes recognized after 1934. The Act establishes three classes of games with a different regulatory scheme for each: Class I gaming is defined as (1) traditional Indian gaming, which may be part of tribal ceremonies and celebrations, and (2) social gaming for minimal prizes. Regulatory authority over class I gaming
5047-559: The Treasury, and Bureau of Indian Affairs Office of Law Enforcement Services (BIA-OLES). The IGWG meets monthly to review Indian gaming cases deemed to have a significant impact on the Indian gaming industry. As a result of these meetings, several investigations have been initiated. The IGWG through its member agencies has provided financial resources, travel funds, liaison assistance, personnel resources, coordination assistance and consultation. The IGWG works as follows: To properly detect
5150-431: The U.S. Supreme Court. The "Native American cause" prevailed as California gambling laws were ruled regulatory, not prohibitory. The ruling was made because of the allowance of another form of gambling: the state lottery. This ruling plainly recognized the sovereign rights of Indian tribes living on reservations. By affirming that gambling could not be regulated by states (unless state law prohibited all forms of gambling),
5253-467: The United States for their benefit. The first Hardwick decision ( Tillie Hardwick, et al. v. United States of America, et al. Case #C-79-1710-SW) did not determine whether or to what extent the boundaries of the 17 Rancherias were restored, but it did establish the basis on which the Bureau of Indian Affairs (BIA) was to ensure that those who formed the initial tribal governments and re-organized them were
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#17327903963545356-427: The act include providing a legislative basis for the operation/regulation of Indian gaming, protecting gaming as a means of generating revenue for the tribes, encouraging economic development of these tribes, and protecting the enterprises from negative influences (such as organized crime). The law established the National Indian Gaming Commission and gave it a regulatory mandate. The law also delegated new authority to
5459-760: The area, like the Yuki , the Pomo , the Cahto , and the Wintun . The systematic occupation of their lands, the reduction of many of their members into slavery and the raids against their settlements led to the Mendocino War in 1859, where hundreds of Indians were killed. Establishment of the Round Valley Indian Reservation on March 30, 1870, did not prevent the segregation that continued well into
5562-616: The balance of power between states, federal, and tribal governments. Although the compact must receive final approval from the U.S. Secretary of the Interior, the compact demonstrates a state's ability to regulate and even tax Class III tribal gaming within its borders. In addition, compacts often include language relating to a state's right to enforce criminal and civil law and prosecution for gambling-related crimes. This right may conflict with tribal law enforcement jurisdictions and legal procedures. Since enforcement of gambling-related laws requires resources, states make sure to include language in
5665-620: The basis of her suit’s success, other tribes throughout California began fighting for recognition and restoration by the federal government. There had been 6 termination reversals prior to Tillie Hardwick v. United States . The Robinson Rancheria was restored 22 March 1977; the Hopland Rancheria was restored 29 March 1978; the Upper Lake Rancheria was restored 15 May 1979; the Table Bluff Rancheria
5768-537: The bill passed the United States Senate on September 15, 1988. The House passed the bill on September 27. President Ronald Reagan signed it into law on October 17, 1988. Some aspects of the law were later clarified through court cases. Whether revenue from the Indian casinos was subject to other governmental taxation was determined in Chickasaw Nation v. United States . And, in 2009,
5871-693: The boundaries of various Rancherias and settled taxation disputes with some of the California counties involved. Hardwick was the mother of four children. Three sons: Robert Hopper, who predeceased Hardwick; Joseph A. Myers attorney and founder of the National Indian Justice Center; and Larry Myers (youngest son) of Sacramento who served as Executive Secretary of the California Native American Heritage Commission from 1987–2011; and one daughter, Joyce A. Britton, of Willits, California. On
5974-1062: The chairman and by Andy Ebona acting as the treasurer. In February 2003, in an effort to identify and direct resources to Indian gaming matters, the FBI and NIGC created the Indian Gaming Work Group (IGWG). The IGWG's purpose is to identify resources needed to address the most pressing criminal violations in the area of Indian gaming. This group consists of representatives from a variety of FBI subprograms (i.e. Economic Crimes Unit, Money Laundering Unit, LCN/ Organized Crime Unit, Asian Organized Crime Unit, Public Corruption/Government Fraud Unit, Cryptographic Racketeering Analysis Unit, and Indian Country Special Jurisdiction Unit) and other federal agencies, which include Department of Interior Office of Inspector General (DOI-OIG), NIGC, Internal Revenue Service Tribal Government Section (IRS-TGS), Department of Treasure Financial Crimes Enforcement Network (FINCEN), Department of Justice (DOJ), Office of Foreign Assets Control (OFAC), US Department of
6077-551: The challenge in court, as the wording of Measure B relies heavily on S.B. 420's state limitations which were recently ruled unconstitutional by the California supreme court. On July 3, the Sheriff and District Attorneys offices announced that they would not be enforcing the new regulations for the time being, citing pending legal challenges and conflicts with existing state law. In April 2009, Sheriff Tom Allman issued his department's medical marijuana enforcement policy, which includes
6180-407: The class III category, as well as wagering games and electronic facsimiles of any game of chance. Generally, class III is often referred to as casino-style gaming. As a compromise, the Act restricts Tribal authority to conduct class III gaming. Before a Tribe may lawfully conduct class III gaming, the following conditions must be met: The regulatory scheme for class III gaming is more complex than
6283-467: The class-action lawsuit she instituted continue to be referred to as "Hardwick Indians." The decision has been cited as jurisprudence for countless state and federal tribal litigation cases since it was originally rendered. The policy that the Bureau of Indian Affairs established to confirm that the initial members reinstating a tribe are the historical tribal members has been used in litigation in many states outside of California. The boundaries established in
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#17327903963546386-538: The compact that requires tribes to financially compensate the state for regulation and law enforcement. As problems often arise because of compacts, the IGRA seeks to carefully define what compacts entail. Some public voices oppose the current practice of government. One reason for the opposition comes from the fact that the Bureau of Indian Affairs grants tax-payer money to tribes for economic development purposes. Some tribes take that money and use it to create casinos and other gaming establishments. Certain citizens reject
6489-415: The counties named herein", thereby making the law in the political code which defined the boundary as the 40th parallel north only a suggestion and not a fact. The legislature subsequently affirmed this decision, with the modern statute defining the borders of the two counties referencing the survey of Fauntleroy as being the boundary between the two counties instead of the 40th parallel north. According to
6592-501: The county was won by Joe Biden with an increased margin of victory from the previous election. Federally, Mendocino County is in California's 2nd congressional district , represented by Democrat Jared Huffman . In the state legislature Mendocino is in the 2nd Senate District , represented by Democrat Mike McGuire , and the 2nd Assembly District , represented by Democrat Jim Wood . As of February 2021,
6695-509: The creation of a variety of economic development ventures on reservations. Gaming soon became the most widely successful economic initiative on reservations across the country. Another court case that paved the way for the IGRA was in the mid-1980s when the Cabazon Band of Mission Indians started a small bingo parlor and card club on their southern California reservation. Although the state attempted to shut down these gambling operations,
6798-590: The early 1970s, Helen and Russell Bryan, members of the Chippewa Tribe, lived on a reservation in Itasca County, Minnesota . In 1972, the county notified them that their mobile home was subject to state property taxes. Unable to pay the tax, they turned to legal services and filed a class action lawsuit against the state, alleging that the state did not have the jurisdiction to tax personal property of Native Americans living on reservations. According to
6901-727: The establishment of two Mexican land grants in southern Mendocino County: Rancho Sanel in Hopland, in 1844 and Rancho Yokaya that forms the majority of the Ukiah Valley, in 1845. In the 19th century, despite the establishment of the Mendocino Indian Reservation and Nome Cult Farm in 1856, the county witnessed many of the most serious atrocities in the extermination of the Californian Native American tribes who originally lived in
7004-427: The failure of the government to live up to its promises to the tribe. In 1979, on the basis that termination was illegal since the improvements had not been done, Hardwick filed suit with the assistance of California Indian Legal Services, who decided to make the case a class action. In a decision dated 19 July 1983 a US District Court restored the status of 17 California rancherias: The United States agreed to restore
7107-480: The federal government, and businesses disagree about who should be given regulatory power over the thriving Indian gaming industry. To understand the issues of gaming regulatory power and sovereignty, both state and tribal rights must be considered. Wayne Stein, professor of Native American Studies at Montana State University , says that the purpose of states is to benefit their citizens, especially in economic matters. According to his article titled "Gaming: The Apex of
7210-464: The federal relationship. The Act's purpose is to provide a statutory basis for the operation of gaming by tribes to promote tribal economic development, self-sufficiency, and strong tribal governments. IGRA provides a basis for the regulation of Indian gaming adequate to: shield it from organized crime and corrupting influences; ensure that the tribe is the primary beneficiary of gaming revenues; and ensure Indian gaming operations are fair and honest for
7313-486: The first half of the 1850's the California State Legislature established that the boundaries of Mendocino and Trinity Counties was the 40th parallel north . Both county board of supervisor's hired the surveyor W.H. Fauntleroy to survey the parallel, which he completed on October 30, 1872. The accuracy of the boundary was doubtful, and by 1891 the Mendocino County Board of Supervisors requested
7416-569: The following table is based on the 2010 census of Mendocino County. † county seat "Mendocino" by The Sir Douglas Quintet was released in December 1968 and reached No. 27 in the U.S. Billboard Hot 100 by early 1969, spending 15 weeks in the chart. Kate McGarrigle 's song "(Talk to Me of) Mendocino," is one of the songs on the McGarrigles' 1975 debut album; it has been covered by Linda Ronstadt on her 1982 album Get Closer , and by
7519-422: The highest of any race in the U.S. The issue of Native American sovereignty has been debated for over 200 years. Chief Justice John Marshall stated that Native American tribes are "domestic dependent nations under the umbrella of U.S. government protection." The IGRA's goals – strong tribal government, self-sufficiency, and economic development—greatly affect sovereignty issues today. Tribes, state governments,
7622-428: The highest rates of poverty, unemployment, welfare dependency, school dropout, alcoholism, and other indicators of poverty and social distress of any communities in the U.S." The use of gaming to generate profit did not begin until the late 1970s and early 1980s within Indian communities. Several tribes, especially in California and Florida, opened bingo parlors as a way to earn revenue. Their actions were related to
7725-508: The house or a player acting as a bank. The Act specifically excludes slot machines or electronic facsimiles of any game of chance from the definition of class II games. Tribes retain their authority to conduct, license, and regulate class II gaming so long as the state in which the Tribe is located permits such gaming for any purpose, and the Tribal government adopts a gaming ordinance approved by
7828-402: The idea of using tax payer money to build tax-exempt tribal casinos which generate tax-exempt revenues. Another complaint from other U.S. citizens is the negative effects casinos have on nearby neighborhoods. They argue that casinos increase the amount of traffic, pollution, and crime. As a result, cities find themselves paying the cost of dealing with these issues. Because Indian casinos pose
7931-524: The individuals who properly had the right to do so. On 31 January 1986 the Hardwick plaintiffs amended their complaint (often cited as Hardwick II) and added a number of tribes that had reconstituted their former federally recognized governments to be able to intervene in the litigation and dropped as defendants those counties that had voluntarily resolved their issues with tribes in their jurisdictions. The decisions issued throughout 1986 and 1987 established
8034-585: The major Bay Area TV stations . The county is also served by local and regional newspapers as well as a community radio stations. Community radio stations include KZYX , operating out of Philo, and KLLG , operating out of the Little Lake Grange in Willits. The Humboldt County-based KMUD is also receivable in large parts of the county. Local independent newspapers include the online news service The Mendocino Voice , and The Laytonville Observer,
8137-518: The minimum gaming standards outlined in IGRA. To accomplish this, NIGC auditors conduct yearly audits of gaming records maintained by Indian gaming establishments and, when appropriate, investigate regulatory matters. The NIGC has a major responsibility in the growing Indian gaming industry. Based on its congressional mandate, it is dependent on the FBI and/or other federal agencies to investigate allegations of criminal activity in Indian gaming establishments. The National Indian Gaming Association (NIGA)
8240-568: The northwestern quadrant of the county, including the coast from Caspar northwards through Fort Bragg ; its supervisor is Dan Gjerde, who previously served on the Fort Bragg City Council. The supervisor for the fifth district is Ted Williams; his district covers the southern portion of the county, including the coast from Mendocino to Gualala , the Anderson Valley , the western outskirts of Ukiah , and portions of
8343-514: The operator and the players. Indian gaming revenues grew from $ 100 million in 1988 to $ 16.7 billion in 2003. Since 2009, over $ 26.5 billion has been generated yearly. Over 220 tribes in 29 states currently conduct 350 Indian gaming operations. Although gaming has caused economic growth among many tribes, it has also become an attractive target to criminal groups who hope to profit from illegal betting, embezzlement, etc. Tribes are responsible to keep their casinos honest and under control; however, with
8446-593: The past several years, in keeping with the nationwide tactics of DFM. The Sonoma County-based Press Democrat also covers the area. School districts include: Unified: Secondary: Elementary: The Mendocino Transit Authority provides local and intercity bus service within Mendocino County. Limited service also connects with transit in Sonoma County . Greyhound Bus Lines currently serves Ukiah . Amtrak Thruway operates connecting bus service to Ukiah, Willits and Laytonville. The historic Skunk Train
8549-407: The population were Hispanic or Latino of any race. 12.2% were of German , 10.8% English , 8.6% Irish , 6.1% Italian and 5.6% American ancestry according to Census 2000 . 84.4% spoke English and 13.2% Spanish as their first language. There were 33,266 households, out of which 31.4% had children under the age of 18 living with them, 48.9% were married couples living together, 11.7% had
8652-519: The populous areas of the West Coast (primarily California) represent the fastest growing sector of the Indian gaming industry. There are 565 federally recognized tribes in the United States. While not all tribes will seek to establish tribal gaming establishments, it is likely that more may do so. Additionally, many of the non-federally recognized tribes are seeking federal recognition to gain access to Indian gaming opportunities and other benefits of
8755-558: The potential stakes. Several laws influenced the creation of the Indian Gaming Regulatory Act (IGRA). Many of these influential laws came from U.S. Supreme Court rulings regarding tribal sovereignty. While a number of court rulings played a significant role in the development of legislation regarding reservation gambling rights, two landmark cases, Bryan v. Itasca County and California v. Cabazon Band of Mission Indians , provided major legal breakthroughs. In
8858-405: The presence of illegal activity in the Indian gaming industry law enforcement offices with jurisdiction in Indian gaming violations should: The overall economic impact of the IGRA on American Indian communities remains unclear. According to Census Bureau data, the inflation-adjusted income of Native Americans living on reservations grew by 83 percent from 1970 to 2000. Although much of this growth
8961-512: The primary beneficiaries of gaming revenue and to assure that gaming is conducted fairly and honestly. In order to achieve this, "the Commission is authorized to conduct investigations; undertake enforcement actions, including the issuance of violation, assessment of civil fines, and/or issuance of closure orders; conduct background investigations; conduct audits; and review and approve Tribal gaming ordinances." NIGC auditors and investigators ensure that Indian gaming establishments are complying with
9064-521: The provisions of Measure B and also cites the California Supreme Court Ruling narrowly defining "caregiver" in the state's medical marijuana law. In 2004, Measure H was passed in Mendocino County with a 56% majority, making it the first county in the United States to ban the production and cultivation of genetically modified organisms . On November 4, 2008, Mendocino County voted 63.1% against Proposition 8 which amended
9167-457: The rapid growth of Indian gaming, federal agencies became involved in keeping Indian casinos crime-free. The IGRA also established an independent federal regulatory authority for gaming on Indian lands, federal standards for gaming on Indian lands, and the National Indian Gaming Commission (NIGC). NIGC's headquarters is located in Washington, D.C. It is managed by a chairman, appointed by
9270-404: The ruling of the trial court since Section 10 of the special act of March 30, 1872 (Stats. 1871-2, p. 766), which concerned this boundary and was the act under which Fauntleroy acted under, authorized the survey of the theretofore unknown location of the 40th parallel north, stated that "the lines run out, marked and defined as required by this act are hereby declared to be the true boundary lines of
9373-633: The search for new sources of revenue, given the emphasis the Reagan administration placed on economic self-sufficiency for the tribes. While bingo was legal in California and Florida , those states had stringent regulations. Operating on the history of tribal sovereignty, some tribes did not comply with these laws. High-stakes Indian bingo operations soon arose in California, Florida, New York and Wisconsin . The industry grew rapidly. State governments began contending that revenues from their own gaming operations dropped as Native American operations increased
9476-430: The south. Emergency services for the largely unincorporated county are coordinated through Howard Forest Station , a local Cal Fire station just south of Willits. Mendocino County has nine Indian reservations lying within its borders, the fourth most of any county in the United States (after San Diego County, California ; Sandoval County, New Mexico ; and Riverside County, California ). The population ranking of
9579-426: The state, the U.S. Supreme Court reversed this decision in 1976. The Court interpreted PL 280 more narrowly, designed to address only "crimes and civil disputes, not a unilateral grant of broad authority to states." Therefore, states were given jurisdiction over criminal laws on reservations, but not over civil regulatory laws. This new interpretation of PL 280 opened the gates for the Indian gaming industry and led to
9682-551: The state. Because Native Americans are technically part of a state, they are required to pay federal and state income taxes. The only exception is when an Indian both works and lives on a reservation. In that case, Indians are exempt from state income taxes. Native Americans are likewise exempt from paying state taxes on gaming revenue. Recognizing that they are missing out on untaxed revenue, states often try to gain more control over Indian gaming. Individual states have protested their own lack of control over gaming. Some even cite
9785-504: The status of the individual members of the Rancherias as Indians and acknowledged that the federal government would recognize as Indian entities the "Indian Tribes, Bands, Communities or groups" of these 17 Rancherias with the same status as they possessed prior to termination. The United States also agreed that tribal members could elect to restore their fee simple lands which had been former trust allotments to trust status, to be held by
9888-488: The tenth amendment – the right for states to have all other powers not specifically designated to the federal government – to fight against gambling. Others feel the federal government is forcing states to enter into unfair gaming-related compacts with Native American tribes. A few states, like Utah and Hawaii, do not permit gambling or casinos. State officials, in general, do not believe Native Americans should be exempt from state laws. Another reason why states argue they have
9991-411: Was 39 years. For every 100 females there were 98.9 males. For every 100 females age 18 and over, there were 97.1 males. The median income for a household in the county was $ 35,996, and the median income for a family was $ 42,168. Males had a median income of $ 33,128 versus $ 23,774 for females. The per capita income for the county was $ 19,443. About 10.9% of families and 15.9% of the population were below
10094-451: Was estimated that roughly one-third of the economy was based on the cultivation of marijuana. The notable historic and recreational attraction of the " Skunk Train " previously connected Fort Bragg with Willits in Mendocino County via a steam-locomotive, before a tunnel collapse in 2013. Mendocino is one of three Northern California counties to make up the " Emerald Triangle ", along with Humboldt and Trinity counties. Mendocino County
10197-419: Was mandatory and they were unprepared for state and county taxation requirements of privately held lands. The government failed to provide plumbing for Hardwick's home and when she attempted to secure a loan to make repairs, she was unable to do so. No title company would issue a policy stating that she had marketable title. When Hardwick’s son, Joe, was denied educational benefits, she decided to take action for
10300-424: Was needed to stop infiltration by organized crime . They also wanted to be able to tax revenues gained by Indian gaming. Tribes fought the states in an effort both to maintain tribal sovereignty and to protect Indian gaming revenues to support economic development. Congress responded with the set of compromises which evolved into the Indian Gaming Regulatory Act of 1988. The primary legislators involved in drafting
10403-405: Was one of the original counties of California, created in 1850 at the time of statehood. Due to an initially minor settler American population, it did not have a separate government until 1859 and was under the administration of Sonoma County prior to that. Some of the county's land was given to Sonoma County between 1850 and 1860. The county derives its name from Cape Mendocino (most of which
10506-559: Was restored 21 September 1981; the Big Sandy Rancheria was restored 28 March 1983; and the Table Mountain Rancheria was restored in June, 1983. Each of these decisions only pertained to one reservation. The Hardwick decision restored more terminated tribes than any other single case in California. The impact of the Hardwick decisions is immeasurable. The native peoples whose tribes were restored through
10609-438: Was stimulated by federal support in the 1970s, such support faded in the 1980s and 90s. According to the U.S. Census, 24 percent of American Indian families were living in poverty in 1979. Ten years later, following the passing of the IGRA, American Indian poverty rates were at 27 percent. Similarly, the 2010 Census estimated that 26.6 percent of American Indians were below poverty level, the highest of any ethnicity. In 2011,
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