Mashpee Wampanoag Pipedreams

In response to my tepid comments about the potential Middleboro Mega Bingo Hall, a regular reader sent the following:

Much more important, the Hawaii decision, which everyone is forgetting!! This decision puts the nail in the coffin for investers' Reservation Shopping, especially in New England.

The March, Carcieri v Salazar ruling from SCOTUS says that tribes not "now" federally recognized and under federal jurisdiction in 1934 are not eligible for federal trust under the IRA and created a limit to Secretary of Interior authority. There are about 562 tribes currently recognized but there were only 59 IRA tribes on the list. The potential impact is staggering.

Within weeks of the 8-1 Carcieri v Salazar decision, a second strike on fee to trust was issued. This time it came from a case originating in the state of Hawaii. In the 9-0 decision on Hawaii v. the Office of Hawaiian Affairs. Justice Alito wrote, "It would raise grave constitutional concerns" Congress sought to "cloud Hawaii's title to its sovereign lands" after it had joined the Union. "We have emphasized that Congress cannot, after statehood reserve or convey....lands that have already been bestowed upon a state". How many readers of this paper could be effected by issues concerning land that has been "bestowed upon a state"; as an original colony, through disestablished territory or when the territory entered into statehood?

The hat trick came from the Navajo Nation v. United States, Essentially, in this 9-0 decision SCOTUS ruled that it is necessary to have a statute or a regulation establishing trust.

Congressional hearings have been held and some of those in Congress believe that although they have tried there is no fix to the Carcieri decision. FEE TO TRUST IS IN TROUBLE.

As I suggested in Maybe it's time for an attorney? , maybe it's time for an attorney?

Racism at West Moreland, Pennsylvania's Valley Club

Coming home on the commuter rail, I shared my lunch and enjoyed the company of an endearing and charming "gentleman. "

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We shared numerous details of our personal lives - I mostly listened to his, and sadly admit that I didn't understand all of his conversation.

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He explained the details of a movie he viewed in Boston, unfamiliar to me and he shared the wisdom of his years -- 5 years to be precise.

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The train was air conditioned and he put on his sweat shirt.

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When I put mine over my head, we shared a few comments about curly 'dos,' mine being only slightly less curly than his.

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We shared the map of the train stops and he commented about which was next and counted the number 'til he was 'home.'

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My charming lunch companion never noticed that his skin was decidedly darker than mine, nor did I. He was just intent on continuing our interesting luncheon dialogue.

When I reviewed emails accumulated during my luncheon encounter, I discovered Color of Change reported about a particularly egregious incident of racism ---


Two weeks ago outside Philadelphia, 65 children from a summer camp tried to go swimming at a club that their camp had a contract to use. Apparently, the people at the club didn't know that the group of kids was predominantly Black.

When the campers entered the pool, White parents allegedly took their kids out of the water, and the swimming club's staff asked the campers to leave. The next day, the club told the summer camp that their membership would be canceled and that their payment would be refunded. When asked why, the club's manager said that a lot of kids "would change the complexion ... and the atmosphere of the club."


A "Whites only" pool in 2009 should not be tolerated. The club's actions appear to be a violation of section 1981 of the Civil Rights Act. Whether or not any laws were violated, a "Whites only" pool should be something every American condemns.













Caution is advised in viewing the video below due to an obscenity.










"Pool Boots Kids Who Might "Change the Complexion," NBC Philadelphia, 07-08-09 http://bit.ly/90Zyr


"Section 1981 Summary," Employment Law Information Network http://www.elinfonet.com/1981sum.php

"60 Black Kids Booted from Philly Pool For Being Black -- Speak Out," Jill Tubman at Jack and Jill Politics, 07-08-09 http://bit.ly/GkJTs


VIDEO: "Please Don't Change the Complexion of our Pool," This Week in Blackness, 07-08-09 http://www.youtube.com/watch?v=saTCMJVYljU


"Swim Club Accused of Discrimination," FOX 29 Philadelphia, 07-08-09 http://bit.ly/7EKGy
"Valley Swim Club: Day Two," Adam B at Daily Kos, 07-08-09 http://bit.ly/qbpSA

Casino proponents in Middleboro were alarmed when Glenn "The Felon" Marshall suggested to them that casino opponents were racists.

Since Casino Proponents in Middleboro have expressed their widespread concern and opposition of racism, I share this in the sincere belief that this incident is deserving of widespread condemnation and hope those vocal critics will step forward in their comments about the Valley Club.

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Since I was present on two occasions when Glenn "The Felon" Marshall repeated verbatim his racist criticism, if anyone is in contact with him in his federal abode, maybe they could share this incident in hopes that he would speak out for these children based on his sincere concern about racism.

Massachusetts Attorney General Announces Energy Consumer Liaison Group

The Massachusetts Attorney General, Martha Coakley, has announced --

Energy Consumer Liaison Group Kick-Off Meeting July 29, 2009

As the Massachusetts ratepayer advocate, one of my concerns is that actual consumers of energy - businesses, individuals and their advocates - are often not at the table when decisions are made about the costs and the reliability of the energy that we receive. The decision-making process can often be too complicated, time consuming, and costly for consumers and their advocates to play a meaningful role.

That is why my Office pushed for ISO New England Inc., the region's bulk power operator, to create a Consumer Liaison Group (CLG), which will meet periodically with leaders at ISO, to give consumers and their advocates an opportunity to participate in decision making regarding the region's electrical system. Many of the most important decisions that affect the price and reliability of energy in New England are made by ISO. We urge consumers and their advocates to participate in the CLG - it is open to all.

The first meeting of the CLG is scheduled for Wednesday, July 29 from 9:30 am to 1:00 pm at the Doubletree Hotel in Westborough, MA.

Below is the invitation that ISO issued regarding the meeting, which includes information about how to register.

Please contact Jed Nosal, Chief of our Energy & Telecommunications Division, at (617) 963-2106 if you have any questions.

We hope you will join us on July 29.

Cordially,

Martha Coakley
Massachusetts Attorney General



Message from ISO-New England, Inc.

ISO New England Inc., operator of the region's bulk power system and wholesale electricity markets, is beginning a very important initiative to enhance consumer involvement in the regional electricity system's decision-making process. Consumers pay for the infrastructure investments needed on the electric system to ensure that it is reliable and adequate to meet growing demands. However, they may not have an opportunity to get involved in the considerations that lead to these investments, including how the electric system is operated, planned and built, and the rules governing the region's wholesale electric markets. ISO New England is working with consumer-focused organizations including states' attorneys general and consumer advocates to create a Consumer Liaison Group (CLG) to provide such an opportunity. The purpose of the CLG is to establish a forum for the sharing of information between ISO New England and those who ultimately use and pay for electricity in New England. The goal is for consumers and consumer representatives to gain a greater understanding of ISO activities and proposals, and the decision-making process regarding these activities, and to increase their overall knowledge of the operation of the bulk power system and wholesale electricity markets. In turn, ISO New England will benefit from direct communications with consumer representatives and develop a better understanding of consumer issues and concerns relative to the electric system.

By way of background, ISO New England serves as the regional transmission organization (RTO) for the six-state New England region ensuring reliable electric service for all consumers. In this role, ISO New England is responsible for the day-to-day reliable operation of New England's bulk power generation and transmission system; fair administration of the region's wholesale electricity markets; and long-term regional planning. ISO New England is a non-profit, private corporation and has no financial holding or interest in any company doing business in the region's wholesale electricity marketplace, is governed by an independent board, and receives its jurisdiction from the federal government. ISO New England is regulated by the Federal Energy Regulatory Commission (FERC), the independent agency that oversees the interstate transmission of natural gas, oil, and electricity. In this regard, all of the decisions made by ISO New England must be approved by FERC. In fact, it was FERC's two-year examination of the competitiveness of wholesale markets and responsiveness of regional transmission organizations and independent system operators that led ISO New England to conduct a process to see how it could improve its responsiveness to New England stakeholders, including consumers. Consumer representatives actively participated in the process and, along with the diverse stakeholder groups that make up the New England Power Pool (NEPOOL), spearheaded formation of the CLG. NEPOOL is the stakeholder organization that advises ISO New England, and represents a diverse set of interests, including electricity end-users. NEPOOL fulfills this role through a comprehensive stakeholder process that allows for consideration of the current performance of the market, as well as proposals to modify and improve the marketplace. In addition to involvement with the ISO, the CLG will also assist consumers to participate more actively and meaningfully in this process.

Please join us for the kick-off meeting of the CLG, to be held on Wednesday, July 29 from 9:30 am to 1:00 pm at the Doubletree Hotel in Westborough, MA, to hear about and shape this new important initiative.

At this first meeting, there will be a discussion about the CLG leadership structure and ongoing work with ISO-NE. The meeting is open to all and an agenda will be available as we get closer to the meeting date. In the meantime, please feel free to forward this invitation to those you believe will benefit from the group and anyone else who may be interested.

To register for this meeting, please visit the ISO-NE website (Note: you will have to log into your ISO TEN account before you can register). For questions or comments, please contact Carolyn O'Connor at coconnor@iso-ne.com or (413) 535-4129.

Dept. of Revenue, Division of Local Services: Local Option

From DOR/DLS --

This Bulletin provides preliminary information about the procedures for implementing sections of the Fiscal Year 2010 state budget regarding local option excises on restaurant meals and room occupancies.

Click on or copy and paste the following link to your Internet browser:

http://www.mass.gov/Ador/docs/dls/publ/bull/2009/2009_15B.pdf

or

LINK

Dept. of Revenue, Division of Local Services: Chapterland

From the Department of Revenue, DLS --


The FVAC Chapter Land Recommended Value - Fiscal Year 2010 have been edited and posted to the DLS website to reflect the new and updated Property Type Classification Codes issued in June 2009. (Please note there have been no changes to values.)

http://www.mass.gov/Ador/docs/dls/bla/farmland/fy10/fy10chapterland.pdf

OR -

LINK

MBPC: Budget Analysis

Massachusetts Budget and Policy Center offered a detailed analysis of state budget that's worth reviewing. Instead of offering predigested sound bytes, MBPC always offers detailed information about complex budgetary topics:

The Legislature’s Fiscal Year 2010 Budget
with the Governor’s Vetoes and Amendments

Thursday, July 9, 2009

Select article section to view:
Education
Environment & Recreation
Health Care
Human Services
Infrastructure, Housing & Economic Development
Law & Public Safety
Local Aid
Other
Revenue
Budget by Program Area

This Budget Monitor provides an analysis of the budget enacted by the Legislature, the Governor’s vetoes, and the additional changes he has recommended. Overall, this budget spends more than a billion dollars less than the budget enacted last July. It also represents a reduction of approximately $2.4 billion below the level that would be required to provide the same level of services as the Fiscal Year 2009 budget funded. (This number is larger than the simple difference between the two bottom lines because inflation has increased costs, and job losses associated with the recession have made more people eligible for safety net programs such as Medicaid and homeless services.) The primary challenge at each step of the FY 2010 budget process has been the growing budget deficit facing the state. By early May, declining revenue estimates had increased the FY 2010 budget gap to approximately $5 billion. The Legislature’s final budget uses a combination of strategies, including steep cuts, new taxes and temporary revenues to close the gap. The revenue section of this Monitor details each of the revenue components the Legislature uses to fill the budget gap, but the general strategies are:

Cuts and savings: $2.2 billion
American Recovery and Reinvestment Act (ARRA): $1.657 billion
Additional tax revenue: $608.7 million
Additional revenue from fees: $206.5 million
Use of reserve funds: $339.5 million

The most prominent strategy used by the Legislature to confront the budget deficit was to cut services and implement cost-saving initiatives. Virtually every aspect of state services will be affected by the $2.408 billion in spending reductions (of which $2.2 billion goes to closing the budget gap).1 Among the areas particularly hard hit by cuts are public health programs, education grants, MassHealth coverage, and unrestricted local aid to cities and towns.
The largest source of new revenue used to close the budget gap is federal stimulus money. The $1.657 billion is a combination of ARRA funds for education, Medicaid reimbursements, and funds to help pay for increased TANF caseloads. While some federal stimulus funds will continue to be available in FY 2011, the amount will be significantly less than is being used in FY 2010. The difference will have to be addressed by new revenue sources, use of available state reserves, or additional cuts in FY 2011 and beyond, unless the federal government provides additional state fiscal relief beyond that authorized in ARRA.2

New taxes and fees account for $815.2 million of the Legislature’s approach to closing the FY 2010 gap. The bulk of this new revenue ($562.7 million) is from a 1.25 percentage point sales tax increase and the elimination of the sales tax exemption on alcohol. These tax changes will actually generate $837.8 million in FY 2009; however, $275 million of the new tax revenue is dedicated to addressing fiscal problems at the Massachusetts Turnpike and MBTA, and does not directly address the budget gap. The remainder of the new revenue comes from changes to assessments for nursing homes, new taxes on satellite broadcast services, and other smaller tax and fee changes (see the Revenue section of this Budget Monitor for a complete discussion of tax and fee changes in the FY 2010 budget).

The use of state reserves fills $339.5 million of the budget gap in the Legislature’s budget. The largest source of this one-time revenue ($308.5 million) is due to withdrawals from and foregone deposits to the state Stabilization Fund. Additional revenues are drawn from funds dedicated to clean energy investment, smart housing growth and other policy areas. The Governor’s veto message and companion legislation reduces these transfers from smaller funds to only $9 million, as opposed to the $31 million included in the Legislature’s budget.

Clarification: Senator Spilka's Casino Love Fest

After Senator Spilka's Casino Love Fest that allowed casino/racino/slot parlor supporters to present their mostly one-sided informational forum, the following email was sent to Senator Spilka and Menmbers of the Committee on Economic Development and Emerging Technology, that would include: Sen Susan Tucker, Sen. Michael Morrissey, Sen. Anthony Petruccelli, Sen. Stanley Rosenberg --

To: Chair Karen Spilka and Members of the Committee on Economic Development and Emerging Technology.

From: Tom Larkin
Licensed Psychologist

Re: June 29, 2009 Hearing on Gambling

Date:July 1, 2009

Thank you for holding the Hearing. I found it very interesting. This communication is offered to assist you in your deliberations.

1-There appeared to be some misunderstanding, during the hearing, about projections of people with gambling problems.

The attached article attempts to help you understand projections and other aspects of the problem. I hope you find it helpful.

Projections are estimates. Generally, gambling addiction projections are considered to be underestimated because people with gambling problems self refer at only about 3%, compared to people with alcohol (15%) and drug (25%) problems. (Refer to the attached article to better understand the connection between alcohol and other drugs and gambling).

Pathological gambling projections represent a minority on the gambling addiction continuum. They are one aspect of the total number of people with gambling problems. Pathological gambler projections refer to only a small percentage,1 to 2% of the general population and 4 to 5% of active gamblers. Problem gamblers are another significant portion, about 5% of the general population and 9% of active gamblers. At risk gamblers are another group estimated to be about 18% of active gamblers. Therefore, based on National Gambling Impact Study Commission research, expect 1 out of 3 active gamblers to have some level of gambling problem.

Naturally, supporters of the expansion of legalized gambling seek to minimize the problem, hoping public officials interpret the gambling addiction problem as manageable, therefore they usually only refer to projections of pathological gamblers within the total general population (1 to 2 %).

As Dr. Goodman pointed out, increasing gambling opportunities, will increase the total number of pathological, problem and at risk gamblers in the Commonwealth.

2-The presentation of Dr. Hans Breiter, about neuroimaging and gambling addiction, was interesting. However, as a psychologist, I am bound to remind you that all addictions are acquired through the interaction of the brain and central nervous system with a complex variety of both social and psychological influences. All 3 are equally relevant to understanding how all addictions, including gambling, are learned, reinforced and treated.

3-Your Hearing seemed to me to be primarilly about managing the problem of expanding legalized gambling, as though the decision has already been made.

Is it politically naive to suggest future hearings focus first, on whether the state should indeed expand legalized gambling???! !!! This is best done by comparing the costs of any specific proposal to expand legalized gambling with the benefits. There is abundant empirical evidence, from many indepedent sources, showing that, generally, costs outweigh benefits. (Please refer to the references in the attached article, especially Grinols and the National Gambling Impact Study Commission Report.) Please avoid relying on studies done by the gambling industry or their supporters. (This is very challenging, but essential to the credibility of the process of your deliberations) .

4-Finally, I suggest you focus on where the money comes from. Many independent studies indicate about 80% of money lost, comes from low socio-economic groups. Gambling revenues are relentlessly regressive.

About 1/3rd of people, do not gamble at all. Of the 2/3rds that gamble, it is true, they generally do not have gambling problems and it is relatively harmless for them. (As most people who drink do not have drinking problems, but those with drinking problems cause enormous social instability) Supporters of expanding gambling neglect to additionally point out, that large group, for whom gambling is harmless, do not lose much. Like the shameful regressivity of the Lottery, expanded gambling in Massachusetts will inevitably depend, for the giant share of their revenues, on those who can least afford to lose.

I commend you for trying to understand this complex problem.

I would be happy to assist you in any way I can.

Thank you for taking the time to read this.

Tom Larkin


Gambling Addiction

By Tom Larkin

“Life is not a matter of holding good cards, but of playing a poor hand well.”
Robert Louis Stevenson

I-Understanding Gambling Addiction

Gambling problems are defined by the Diagnostic and Statistical Manual of Mental Disorders IV (DSM-IV), as persistent and recurring maladaptive gambling behaviors characterized by distortions in thinking. DSM-IV sets out 10 criteria;

1-Preoccupation with gambling, 2-Increasingly larger bets and risks, 3-Repeated unsuccessful efforts to cut back or stop, 4-Restless and irritable when attempting to cut back or stop, 5-Gambling to escape or relieve a dysphoric mood (dissatisfaction),
6- Returning to get even, (“chasing” ones losses with greater risks), 7-Lies to conceal the extent of gambling involvement, 8-Committed illegal acts to finance gambling,
9-Jeopardized or lost a significant relationship, job or education, 10-Relies on others to relieve a desperate gambling financial situation. (1)

Pathological gamblers exhibit 5 or more criteria. (About 4% of active gamblers)
Problem gamblers exhibit 3 or 4 criteria (About 9% of active gamblers)
At Risk gamblers exhibit 1 or 2 criteria (About 18% of active gamblers)

The gambling industry uses general population projections of pathological and problem gamblers (1.7% to 3.8%) in an effort to minimize the extent of self defeating gambling behaviors. Using the 1999 National Gambling Impact Study Commission Report (NGISC) active gambler prevalence estimates, about 30% exhibit some level of self defeating gambling behavior. (8, pages 4-1 to 4-9) Gambling problems, like all addictive behaviors, fall on a continuum from mild (at risk gamblers), moderate (problem gamblers) to severe (pathological gamblers).

The cognitive-behavioral psychological approach to addictive behaviors holds that self defeating thoughts, feelings and behaviors, like healthy patterns, are learned and reinforced through the interaction of physical, environmental and psychological influences. (2, 3, 6) The expansion of legalized gambling influences both our environment and the way people think, feel and behave within that environment. The irrational thoughts that drive both unhealthy feelings (dysphoria, low frustration tolerance and depression etc.) and self defeating behaviors (abuse of alcohol and other drugs, criminal behaviors and maladaptive gambling etc.) are exaggerated, demanding and denigrating. Psychologist Albert Ellis described 3 fundamental irrational beliefs;

1-I must succeed , be loved and respected or I am a failure
2-Others must treat me fairly and respect me or they are bad people
3-The world must treat me fairly or it is a rotten place
Treatment seeks to dispute and replace these self defeating ways of thinking. (3)

II-SMART Recovery and Gambling Addiction

The focus of SMART Recovery self help groups are as applicable to gambling as to alcohol or any other self defeating behavior or feeling. (9, 5)
-Strengthening and maintaining motivation to change
-Coping with urges
-Managing thoughts, feelings and behaviors
-Developing a balanced lifestyle

It is important to understand that gambling problems interact with many other self defeating feelings and behaviors. (5, 10) About 50% of people with gambling problems also have problems with alcohol and other drugs. About 40% of those incarcerated and the formerly incarcerated have a history of maladaptive gambling problems. Gambling problems correlate highly with depression, anxiety disorders, suicide attempts, child neglect, abuse and abandonment, domestic violence, homelessness, school drop outs, divorce, criminal behaviors, bankruptcy and the other DSM-IV diagnostic criteria. If group members work on their gambling problem but continue to drink, the likelihood of a gambling relapse is great. However, in SMART Recovery, the group members set their own goals. Cognitive-behavioral tools can be generalized to other problems. (5, 10)

Assuming acknowledgement of a gambling problem, the setting of a goal to abstain or moderate the problem and a commitment to practice changing thoughts feelings and behaviors, the following tools and techniques may be helpful;


1-Compare irrational with rational thoughts, for example;

Irrational Thoughts Rational Thoughts
I am a loser, I might as well gamble I decide whether I gamble
I must be a winner or I am worthless I am worthwhile, win, lose or draw
I am a failure. If I win I am a success There is more to success than money
Life has dealt me a poor hand I can cope and enjoy life without gambling
I cannot win if I do not play Given my history, gambling is very risky
I must win now at any cost Things can get worse, much worse

2-Do an ABC on dysphoria and the urge to gamble
Activating Event-Dysphoria and the urge to gamble
Irrational Beliefs-If I lose I’m a loser, if I win I’m a winner
Consequence-Relapse, continue gambling behavior
Dispute-My gambling is a big problem. I have many reasons not to gamble.
Effect-I have many satisfactions in life; my family, work, hobbies and health.

3-Do a cost-benefit analysis of gambling and of not gambling
Use time lines. Try to shift the focus toward long term thinking.


4-Do unconditional self acceptance and value clarification exercises

-Gambling is driven by feelings of dissatisfaction. Do a hierarchy of values, focusing on the things in life that are satisfying, other than having money. This list usually includes; time with children, family, health, happiness experiences that are free, education, hobbies, credibility (credit cards), loving relationships, special skills, volunteer work, politics, sports, the arts (music, books, films, TV), computer use, spirituality, friendships etc. It is important that the brainstorming come from the group and not the Facilitator.

-Demonstrate the over generalizing fallacy of putting yourself down instead of your behaviors. The human condition is such that all people exhibit both good and bad behaviors at different times. Teach acceptance of self, but not self defeating behaviors.

5-Behavioral Tools

-Brainstorm healthy activities to replace gambling; sports, books, exercise, taking a course, helping others with their drinking or gambling problem.

-Find new non-gambling friends and people who have coped with gambling.

-Acknowledge the gambling problem and take pride in abstaining instead of being ashamed to discuss it with family and friends.

-Practice low cost satisfactory experiences such as taking a walk in the park, reading the morning newspaper, learning to play bridge, doing puzzles and joining a committee at church or on town boards.

-Study gambling’s mathematical certainties. Learn why the house always wins. Become an expert on gambling. Learn how gambling exploits the poor, the less educated and the emotionally vulnerable. Become an activist opposed to expanded gambling.

6-Keep a journal of coping self statements and quotes about gambling.

-“Life’s goal is to enjoy myself, not prove myself.”

-Gambling is driven by exaggerated feelings of dissatisfaction and unworthiness.

-Money has become equated with worth. Gambling has become its short cut. Self worth is far more than money. It is contentment, health, relationships and happiness.

-“I can enjoy life without ever gambling again. If I continue to gamble, I risk my emotional health, my family’s stability and my long range goals.”

-“The gambling industry exploit people like me. I will refuse to be exploited.”

-“ I am rich because I am alive, healthy, have family relationships and have learned to enjoy life, in spite of its grim realities.”

-“The thing about the rat race is that, even when you win, you’re still a rat.” Lily Tomlin





References

1-Diagnostic and Statistical Manual of Mental Disorders-Fourth Edition -1994

2-DiClemente, Carlo C. Addiction and Change, Guilford Press, 2003

3-Dryden, Windy. Rational Emotive Behavioral Therapy-Theoretical Developments, Brunner-Routledge Publishers, 2003

4-Grinols, Earl. Gambling in America-Costs and Benefits, Cambridge University Press, NY, NY, 2005

5-Horvath, Thomas. Sex, Drugs, Gambling and Chocolate, Impact Publishers, Inc. 1989

7-National Coalition Against Legalized Gambling. (ncalg@ncalg.org)

8-National Gambling Impact Study Commission Report. 1999

9-SMART Recovery Handbook-2nd Edition 2004

10-Whelan, James P., Steenbergh, Timothy A. and Meyers, Andrew W. Problem and Psychological Gambling, Hogrefe & Huber Publishers, Cambridge, Ma. 2007


Tom Larkin is a licensed psychologist and a Facilitator for SMART Recovery, a free abstinence based program. Go to www.SMARTRecovery.org for a list of area meetings.
Go to tomlarkin@verizon.net to provide feedback.


April, 2008