Kathryn's quoted in this Cape Cod Times article on the politics of compact negotiations and tribal-state relations.  In Massachusetts, as the Mashpee Wampanoag continue to pursue Class III gaming, the tribe and the governor are on different sides of another issue -- a wind farm in Nantucket Sound.

A wind farm, of course, is not related to gaming, and under IGRA should not be an issue that enters into compact negotiations.  But politics, unlike law, is not easily compartmentalized into relevant and irrelevant considerations.  Here's what Kathryn said about the possible impact of the tribe's and governor's difference of opinion:

"[T]he intent of the federal Indian Gaming Regulatory Act is to keep gaming issues separate from other tribal state issues, but the reality is that some states will bring those issues into gaming negotiations. . . . Typically, the governor's role in compact negotiations is crucial.  In fact, there are plenty of instances where a change in governors leads to a completely different outcome on compact negotiations and sometimes is the difference between state stonewalling and reaching a compact. . . . Tribal-state relations are political, so like other areas of politics, there is some degree of horse-trading and posturing, with stances on other issues influencing the negotiation of a gaming issue . . . . A perceived political slight on either side can affect compromises and concessions."

One poster child for hard-ball (and arguably bad faith) state negotiations is former Wisconsin governor Tommy Thompson, who brought tribal treaty fishing rights into compact negotiations, essentially demanding that tribes concede rights under federal treaties in exchange for state concessions on Class III gaming.  (Stev<!--EndFragment-->e and I wrote an article in the Gaming Law Review that detailed the Wisconsin negotiations and criticized Thompson's stance: Rand&Light, Do “Fish and Chips” Mix? The Politics of Indian Gaming in Wisconsin, 2 Gaming L. Rev. 129-42 (1998).  Email us if you're interested in the article.)

Insiders in Massachusetts politics say that Governor Deval Patrick won't play that way, calling him an "honest broker" and a "stand-up guy."  But one commentator, former state Attorney General Scott Harshbarger, seemed to endorse the "fish and chips" game: "The reality is there ought to be some cost for opposing the governor's policy even if the issues are not connected."

Read the article: Playing Politics Tribe's Best Bet?