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INDIAN FIGHTER: NEBRASKA ATTORNEY GENERAL JON BRUNING

Posted on February 8, 2008 - Filed Under Political |

Nebraska Attorney General Jon Bruning is gaining a reputation as a modern day “Indian Fighter.” On January 30, 2008, Attorney General Jon Bruning filed suit in the Iowa Federal District Court challenging the National Indian Gaming Commission’s decision that would allow gaming on Ponca Tribal trust land located in Carter Lake, IOWA. The Ponca trust land is literally just minutes from downtown Omaha, Nebraska.

Bruning stated “Nebraskans have repeatedly said no to casino gambling in our state, … The Ponca Tribe shouldn’t be able to circumvent voters’ wishes.” Bruning is correct in stating the Nebraska voters did indeed reject a casino gambling initiative in NEBRASKA as recently as 2004. Another casino initiative failed in 2006. However, Mr. Bruning needs to be reminded that Carter Lake is actually in IOWA. Casino gambling is legal in Iowa, and therefore, the Ponca Tribe should be able to negotiate with the Iowa officials regarding their Carter Lake property. If Iowa officials have a problem with the Ponca casino aspirations in Carter Lake, Iowa, then they can address this issue, NOT Nebraska Attorney General Bruning!

On February 7, 2008, Bruning filed suit against the Seneca-Cayuga Tribe of Oklahoma, in Nebraska State court for allegedly failing to pay into a “tobacco escrow account.” The Seneca-Cayuga tribe has paid into the account in years past, but claim that they should not have had to pay into the account. They are currently challenging the legality of the nearly $4 million dollars that they have already paid into the tobacco account. They are now seeking to be reimbursed the $4 million dollars that they have already paid into the account. They have refused to pay more until their legal challenge to the tobacco account is exhausted in federal court. A federal court judge ruled in September, 2007, that the tribe can pursue their claim that they are not obligated to pay into the account.

In 2007, Attorney General Jon Bruning backed the Village of Pender, Nebraska, and Pender bar owners in challenging an alcohol tax imposed by the Omaha Tribe of Nebraska. Bruning backs the claim of the Village of Pender that the tax does not apply to Pender because Congress diminished the Omaha Reservation, in which Pender is located. The Nebraska Federal District Court ordered the case to be first heard in the Omaha Tribal Court, before the Village of Pender can challenge the tax in federal court.

Bruning has his critics who claim that he is ignoring civil rights enforcement in Nebraska. Specifically, in November, 2007, the Nebraska Equal Opportunity alleged that Bruning has failed to enforce housing, age and public accommodation discrimination claims. NEOC states that over the past 5 years, Bruning has filed only 1 discrimination suit out of over 105 submitted to his office for prosecution. The Department of Housing and Urban Development (HUD) has threatened to de-certify NEOC and withhold funding because of Bruning’s failure to prosecute any of the 40 housing discrimination claims. Bruning’s office has stated that there is insufficient evidence to prosecute the claims and that he is not constitutionally obligated to pursue the discrimination claims.

Bruning has a proven track record of ignoring minority and aged discrimination claims, yet he goes out of his way (even outside of the state) to sue Indian tribes! Attorney General Bruning appears to be taking every opportunity to challenge the sovereignty of Indian tribes, hence earning the title of “INDIAN FIGHTER.”

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