When members of the Lumbee Tribe of North Carolina rejected a pathway to open a casino on June 23, the tribal chairman said he wouldn’t pursue gaming for the remainder of his 18 months in office.
But the Lumbee Tribal Council could have other plans.
Two days after members voted against a proposal to amend their tribal constitution, the council directed its attorney to explore “legal pathways” to gaming.
The recent vote dealt a blow to leaders’ casino dreams. “But it does not mean our work stops,” Tribal Speaker Alex Baker said during an emergency meeting last week. “It means we must listen, learn, and rebuild trust where trust was strained.”
The Lumbee became the 575th federally recognized tribe last December, when the U.S. Senate passed legislation that President Donald Trump then signed into law.. The designation, 137 years in the making, grants the the largest tribe east of the Mississippi River access to federal money for health care, education and other programs. It also allows them to enter the gaming industry.
Lumbee Holdings, the tribe’s for-profit entity, paid $6.8 million for 240 acres of land in southern Robeson County late last year and transferred the property to the tribe for a casino. Tribal leaders said gaming would bring unprecedented economic opportunities to rural southeastern North Carolina and generate revenue for the tribe’s social programs.
But about 62% of the roughly 9,000 tribal members who cast ballots voted no. Some critics of the proposed amendment, which would have given the tribal chairman and council broad authority over gaming, said they weren’t against the idea of a casino, they just wanted a more direct say in a final decision.
“It wasn’t about the gaming piece. It was about how it was presented to them,” council member Rubalena Hunt-Locklear said during last week’s meeting, drawing applause from the crowd.
Lumbee leaders said the constitution had to be changed because it erroneously points to Article V of the document in outlining the basis for a referendum. It is Article VI, rather, that describes the referendum process, which requires participation from at least 30% of eligible voters.
Lumbees United for Accountability, a newly formed group, urged members to reject the amendment, saying it eroded the spirit of the tribal constitution. The group said in a Facebook post on Tuesday that it remains dedicated to “protecting the members’ constitutional right to vote on gaming, up or down, at a referendum.”
Representatives from the group said they met with Josh Malcolm, attorney for the tribal council, on Monday to discuss their ideas on how to move forward. One option would be that the tribal council passes an ordinance authorizing gaming and then puts the issue to a referendum vote.
The group called for the release of “all documents related to gaming,” including the non-disclosure agreement Lumbee leaders signed regarding the land sale and the names of “potential and actual partners, lawyers, and other professionals involved in the proposed casino.” It also called for community meetings where members could ask questions of tribal leaders.
Malcolm said during the tribal council meeting it was “crystal clear” to him that the tribe can’t pursue gaming with the current wording in the constitution. He recommended launching a thorough information-gathering campaign to get feedback from members, including formal public hearings.
Tensions ran high at the council meeting, which lasted nearly two hours. Baker refused to participate when the council met behind closed doors with Malcolm, saying the tribe needs to be transparent to foster trust. “If we go back there, then anything–no matter what we come out here and do–we are going to be under a cloud of suspicion,” Baker said.
The council will have to coordinate any gaming plans with Tribal Chairman John Lowery. During his annual State of the Tribe address on Tuesday, Lowery reiterated that he had no intention to pursue a casino through his second three-year term, which will be his last because of term limits. But, he said, “if the Lumbee people decide to reconsider gaming, I will work with the tribal council and carry out the will of the Lumbee people.”
Lowery, who also represents Robeson County in the N.C. House, said federal recognition ushers in “an era of possibility and prosperity.” In a few years, he said, the tribe can begin applying for grants through the Bureau of Indian Affairs, Indian Health Service, and other agencies.
But they are already expanding services, said Lowery, who proposed a $51 million budget for the year ahead. That’s up nearly $11 million from the current spending plan, he said.
The tribe plans to open a health care clinic in Pembroke this summer, Lowery said, and new housing projects are in the works in five communities. A new program will provide housing vouchers to young members who age out of the state’s foster care system.
Lowery said the tribe has some big questions to consider. Now that it is federally recognized, it could establish its own criminal jurisdiction. Maybe, he said, the tribe should change its name to the Lumbee Nation.
The tribe has other options that Lowery did not address. It can now grow and sell marijuana, as the federally recognized Eastern Band of Cherokee Indians does in western North Carolina. Baker did not respond Wednesday to a request for comment on whether the tribe has considered entering the cannabis industry.
If gaming is to move forward, there is likely a lot of work to do.
“The people have lost a lot of trust with the administration–and I reckon with us, too,” said council member Larry Soles. “So we’ve got to clear some things up.”
Lowery urged people to consider different options. “We won’t always agree on everything. And to be honest, we shouldn’t,” he said. “What we should always do is be respectful and kind. Our passion for an issue should never stop us from treating and caring for each other as the family we are. We are one big family with 70,000 members.”
