Lumbee Casino Push Continues Despite 63% ‘No’ Vote

Less than three months after North Carolina’s largest Native American tribe, the Lumbee, rejected gaming in a tribe-wide referendum, the issue appears to be far from dead.

The Tribal Council is inviting written comments on a new gaming ordinance, while exploring “different pathways” to building a casino on tribal land.

Around 9,000 of the Lumbee’s roughly 55,000 members took part in a vote in June to amend the tribal constitution to allow gaming, with roughly 63% of voters rejecting the proposition.

The vote came six months after Congress granted the Lumbee federal recognition, which opened the door to gaming under the Indian Gaming Regulatory Act (1988), ending a 130-year quest for acknowledgment.

Tribal leaders had hoped to develop a casino in Robeson County in southeastern North Carolina, where the Lumbee population is concentrated.

No Means Maybe

Tribal chairman John Lowery declared before the vote that the referendum result would be definitive.

If the amendment passed, he said, the Lumbee would pursue gaming, and “If it does not pass, we will not.”

Just two days later, on June 25, the Tribal Council held an emergency meeting and voted 17-1 to direct General Counsel Joshua Malcolm to explore “any/all legal pathways” for pursuing hospitality and entertainment opportunities, including gaming.

Tribal officials have argued that the June result should not necessarily be interpreted as an outright rejection of casino gaming.

Many who voted against the gaming amendment were concerned the measure would concentrate too much authority in the tribal chairperson, while some opposed casino gambling on religious grounds or argued the tribe was moving too quickly after finally winning federal recognition.

The Robesonian reported that tribal officials heard from members who said they opposed the proposed amendment or the process surrounding it, rather than gaming itself.

They have also raised the possibility of asking the Lumbee Supreme Court to clarify provisions of the tribal constitution and determine whether another legal route to gaming exists.

Preparing the Framework

The gaming ordinance now under consideration would establish a regulatory framework for gaming, including a gaming commission, licensing requirements, and ethics and compliance provisions.

The Tribal Council’s Constitution and Ordinance Committee began considering the draft over the summer and is now seeking feedback from tribal members.

Last year, the tribe bought 240 acres along I-95 in Robeson County. Casino supporters say a development could provide an economic boost to the region, which has some of the highest unemployment and poverty rates in the state.