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Post-Covid, The Great ‘Smoke-Free Casinos’ Debate Lights Up Once More

By Aara Ramesh

The Covid-19 pandemic may yet add another casualty to its list. The days of smoke-filled casino floors might just be a relic of the past. As cities like Las Vegas begin the long road to recovery, stakeholders in the brick-and-mortar gaming industry are grappling with an age-old issue — whether to ban smoking inside casinos entirely. Though the debate is not new, the pandemic certainly revived it. The underlying struggle is one of weighing fiscal realities against public health needs.

During the pandemic, it was simpler — pressing public health needs with long-term economic consequences outweighed the immediate financial implications. On one hand, casinos were forced to shut down to mitigate the risk of exposure, even as lockdowns prevented people from traveling. Unemployment rates soared and businesses of all sizes were severely impacted.

On the other hand, as more research was done into the virus, certain things became clear. With the virus being primarily a respiratory one, smokers with compromised lungs were more likely to be affected. Reminders not to touch your mouth or eyes became an echoing refrain.

In the post-Covid-19 era, these disparate needs have been thrown into sharp relief once more. Due to the nature of the virus and how it is transmitted, many casinos instituted temporary bans on indoor smoking last year. Now with business almost back to usual, many want those bans to become permanent.

But gaming properties struggled in 2020; they lost employees and revenue. They are just starting to bounce back. Casinos can generate up to $10 billion in tax revenue for state and local governments across the country. Permanent smoke-free policies can lead patrons away from a state, leading to a loss in that tax revenue.

But at the same time, the risks associated with smoking remain as front-of-mind as ever. Tobacco consumption is “the leading cause of preventable disease, disability, and death in the United States,” according to the CDC. Almost 500,000 people die every year as a result of smoking or being exposed to smoke, while 16 million more suffer serious smoking-related illnesses. Despite this, approximately 40 million American adults still smoke, meaning that a whopping 86.3% of the population doesn’t.

When it comes to casinos, however, the concern isn’t just for smokers on the floor. Passive smoking (through exposure to second-hand smoke) remains the biggest danger. The CDC estimates that approximately 58 million Americans who don’t smoke are still exposed to second-hand smoke. This increases the risk of heart attacks, heart disease, stroke and cancer by as much as 30% in non-smoking adults. Passive smoking is estimated to cause annually around 41,000 deaths related to lung cancer and heart disease in American adults, the CDC estimates. The CDC and the Surgeon General are quite clear on the scientific data linked to passive smoking — “There is no safe level of exposure to secondhand smoke. It causes stroke, lung cancer, and coronary heart disease in adults.”

Land-based gaming revenue is not limited strictly to gambling or the casino floor — these establishments have hotels, pools, resorts, restaurants, bars and event venues attached to them. Tourists do not flock to Las Vegas or Atlantic City only to gamble, though that might feature heavily in their plans. Casinos employ more than 361,000 people nationwide. Thus, smoking on the floor does not just impact gamblers, it can also impact adjacent industries and businesses.

The fact also remains, however, that although smoking is no longer popular with the vast majority of American adults, it is a habit disproportionately represented among regular patrons of gambling establishments, due to a historic “positive correlation between smoking and gambling.”

Casinos and gambling venues are among the few public places left where both employees and visitors are extremely likely to encounter second-hand smoke. The levels of exposure to smoke is particularly high for casinos, as compared to other enclosed public spaces that allow smoking, per the CDC. 

For workers, sometimes they have no choice — the same place where they endure hours of exposure to tobacco smoke is the place they earn their livelihoods. Of the entire American workforce, casino workers and employees in bars and restaurants are more exposed to toxic second-hand smoke, per the CDC.

With this in mind, let’s look at the long and complicated history of the debate over tobacco use and what the proliferation of smoke-free policies might mean for the gaming industry as a whole.

The History of Tobacco In The US

Tobacco plants have been grown by Indigenous populations on the American continent since well before colonization. To date, it has important medicinal, traditional, sacred and ritual uses for many Indigenous Peoples. Until the advent of cigarettes in the 19th century, tobacco was mostly smoked in pipes and cigars and was chewed.

Unsurprisingly, the anti-smoking movement has been in existence for as long as tobacco use has. In the initial years of smoking’s popularity (1880–1920) the quest to prohibit it was largely led by the temperance movement, with objections being mostly on moral and hygienic grounds.

Smoking, particularly cigarettes, gained popularity during the two World Wars, primarily among soldiers but also among the wider population. This was the “Golden Age” of the cigarette, with estimates suggesting that a full half of the industrialized world’s population were smokers by 1950.

It wasn’t until the 1940s and 1950s that researchers began to link smoking and serious diseases including cancer. In 1972, a series of studies began to indicate that environmental tobacco smoke (ETS) — that is, second-hand smoke — poses a risk to non-smokers as well. The following year, Arizona was the first state to classify ETS exposure as a public hazard, citing that in its restriction of smoking in certain public spaces. In 1992, the Environmental Protection Agency (EPA) labeled ETS as one of the most dangerous carcinogens known.

As our collective understanding of tobacco has grown, laws and policies have evolved regulating its use have also changed. Whereas before it might have sufficed to separate sections of smokers and non-smokers indoors, today, the Surgeon General is clear that this is not enough. Nor is ventilation a sufficient means by which to protect people from the risks of second-hand smoke.

As of last year, 27 states, the District of Columbia and the territories of American Samoa, the Marshall Islands, Puerto Rico and the U.S. Virgin Islands had laws making both public and private bars, restaurants and worksites 100% smoke-free indoors.

Before Covid-19 restrictions forced casinos to shut down, there were almost 800 smoke-free, non-tribal gaming establishments across 20 states. CDC officials said that there are currently over 200 tribal and non-tribal casinos that have reopened as smoke-free after the pandemic. In some cases, the move has been permanent. In others, it’s temporary.

The Case Of The Economy Vs. Public Health

The aim of smoke-free policies is not to stigmatize tobacco use or control the behavior of those who choose to smoke. Rather, it is to mitigate health risks to others in the vicinity. Smoke-free laws do not aim to ostracize smokers completely. Most establish designated smoking areas, usually outside, where the risk of second-hand smoke being transmitted to non-smokers would be minimal.

The CDC says that banning smoking indoors altogether is the only fool-proof mechanism to protect non-smokers from being exposed to second-hand smoke and minimize the associated health risks. It is also extremely effective in helping smokers quit and discouraging people from taking up smoking. According to some of the Center’s estimates, “Communities that enact comprehensive smoke-free laws see up to a 17% reduction in hospital heart attack admissions.”

Measures to ban smoking indoors are popular with the public, to the degree that they do not negatively affect the hospitality industry in terms of sales or employment. Roughly one in four regular patrons of casinos support smoke-free policies and an estimated 45.4% of smokers favor smoke-free casinos, according to some advocates.

Most casino executives and experts in Nevada say that a blanket smoking ban in the state’s casinos would have a negative impact on revenue. One study from the 1990s, commissioned by the Las Vegas and Reno-Sparks chambers of commerce, highlighted a possible loss of $1.9 billion over five years, and a sales-tax revenue drop off of $50 million and around 20,000–30,0000 jobs lost in the first year.

Since this study was conducted, however, several states and tribe-owned casinos have implemented smoke-free policies and have seen few — if any — long-term financial impacts, beyond the initial adjustment period. Some studies have shown a short-term financial impact of banning smoking, with a slight fall in revenue. But it has also been found that casinos are able to recover from this slump and even outperform their pre-ban business. Smokers seem to be quicker to adjust to a smoke-free environment, while many non-smokers actively avoid smoky venues.

Anecdotal evidence from restaurant operators in Las Vegas seems to indicate that banning smoking does not impact business. In fact, it can actually be a draw for customers. Popular tourist cities like New Orleans prohibit indoor smoking but have not reported any significant adverse reaction.

Numerous researchers have investigated the direct and indirect fiscal benefits of companies choosing to go smoke-free. Casinos can save on cleaning and maintenance. Workers use fewer sick days and, thus, might be more productive. The CDC estimates that nearly $170 billion is spent annually in the U.S. on medical care for smoking-related illnesses in adults alone. Research supported by the American Cancer Society indicates that companies will have to pay less in health insurance premiums. Smoke-free policies can also potentially reduce fire and liability insurance payments.

There are those who contend that smoke-free policies should be determined by individual companies in the private sector. Though this idea is sound in theory, market dynamics mean that single casinos or operators are unlikely to risk losing to competition by being the first or one of the few to ban smoking indoors. Thus, both the government and tribal authorities need to act in concert to impose a uniform rule on smoking indoors. Further, though casinos are not owned by the state, it is important to consider the public health costs — often borne by the government — associated with second-hand smoking.

Given the intricate links between Indigenous Americans and tobacco use for sacred purposes, casinos and revenue streams, experts say that it is crucial to involve community leaders in any decision-making around smoke-free policies. Each tribe is different, and may have their own cultural sensitivities and traditions, so the policy must be unique and tailored to the local context. Advocates for smoke-free casinos do not target overall tobacco consumption. Rather, their focus is on tobacco in terms of commercial uses. 

Where To Now?

The debate rages on. Casinos in Atlantic City and Pennsylvania were among those who imposed temporary bans on smoking indoors in 2020, as the pandemic continued to rage. Pennsylvania and New Jersey are, respectively, the second and third largest states in terms of gross gambling revenue raked in, so all eyeballs are on them.

As of June 2021, the public health emergency declared in New Jersey over Covid-19 has expired, meaning that smoking can now resume inside casinos once more. There is pressure on lawmakers and casino owners from both sides of the debate as the state tries to balance fears of patrons fleeing to neighboring Pennsylvania to gamble and a rising consciousness of public health threats post-Covid. Though there are vehement opponents to making the ban permanent, some believe that it is only a matter of time before it does.

The case of Nevada is much more complicated, as a result of it being the largest state for gambling revenue. The 2006 Nevada Clean Indoor Air Act regulates indoor smoking in some areas but explicitly excludes casinos from the list of prohibited spaces. Individual casinos, however, can make the choice themselves about smoke-free policies. This year, Park MGM became the Las Vegas Strip’s first-ever entirely smoke-free hotel-casino.

Vegas has long been considered a bastion of freedom, the ideal place for those looking to relax and escape restrictive rules — including those for cigarette smoking. That attitude seems to have changed over recent years, however, and particularly after the pandemic. Some travelers have indicated that whether a casino permits smoking indoors or not can be a “make-or-break” factor in their choice of destination.

Meanwhile, some Indigenous tribes have also made their casinos smoke-free. In May, a group of Eastern Band of Cherokee Indians (EBCI) proposed an ordinance to amend the Cherokee Code to completely prohibit smoking indoors at their casinos. This impacted Harrah’s Cherokee Casino Resort and Harrah’s Valley River Casino in North Carolina. One member of the board said that going smoke-free would make it easier for the tribe’s casinos to attract employees.

Also, Shreveport, a city in northwest Louisiana, will have its smoking ban become permanent on August 1. Originally passed in June 2020 as a temporary stop-gap, The Smoke Free Air Act was set to come into effect last August. However, due to economic concerns related to the pandemic, its implementation was pushed to August 1, 2021. With this move, Shreveport will join other cities in the state, including Baton Rouge and New Orleans.

Experts seem to agree that there is no easy, perfect solution here. Casino operators do not want their employees to become sick or suffer; at the same time, they do not want to have to downsize their labor force because of a loss in revenue. Workers in cities like Las Vegas depend on the gaming industry for their livelihoods. They also deserve to have a healthy, clean work environment.

One particularly poignant anecdote on the CDC website highlights the true nature of this debate and its manifold complexities. Nathan, a member of the Oglala Sioux tribe, worked for 11 years at a casino where he was regularly exposed to cigarette smoke. Despite never being a smoker himself, he developed asthma and permanent lung damage, leading to his premature death at the age of 54 in October 2013.

Stories like this are on the forefront of decision-makers’ minds as they continue to decide on the best course of action in the post-pandemic era.

In the post-pandemic era it seems like the pendulum is swinging in the direction of those who advocate for smoke-free casinos, but it still might be a while until we get there.

To see a full list of smoke-free gaming properties in the U.S., please click here.

Dogfighting Rings: Still Prevalent And As Bloody, Horrific And Inhumane As Ever

By Deepti Govind

Even in the bloody world of the most violent crimes, dogfighting is considered particularly heinous. Why? First, dogs used for fighting are brought up and trained in rather cruel ways. They are typically kept in isolation and spend most of their lives on short, heavy chains. Often, they are kept just tantalizingly just out of reach of other dogs, says the American Society for the Prevention of Cruelty to Animals (ASPCA). Sure, many professional fighters invest time and money into their animals and provide basic veterinary care, but not really for the right reasons.

Often the dogs are given a cocktail of legal and illegal drugs, including anabolic steroids to enhance muscle mass and encourage aggressiveness; they may even be given narcotics to increase their aggression and reactivity, and mask pain or fear during a fight, according to the ASPCA. Then, of course, comes the fight itself – it may not be until death, but many dogs succumb to their injuries afterwards anyway. A more cruel fate may lie in store for those that lose fights in what their handlers may consider an embarrassing manner: They are executed in a particularly brutal fashion as part of the so-called “entertainment” of the event.

There are those who consider themselves “hobbyist” dogfighters, and those that call themselves professionals. Either way, one of the main reasons for people engaging in this is money. “Major dogfight raids have resulted in seizures of more than $500,000, and it is not unusual for $20,000 – $30,000 to change hands in a single fight. Stud fees and the sale of pups from promising bloodlines can also bring in thousands of dollars,” the ASPCA says.

In this piece, we will go into more details of how these dogs are brought up, what breeds are used, what happens in a typical dogfight, laws related to dogfighting and how you can help these animals. But at the outset, it is crucial to mention that dogfighting is a violent and highly secretive type of crime, and investigating such cases requires “many of the same skills and resources as a major undercover narcotics investigation,” according to the ASPCA. Unfortunately, dogfighting rings are still prevalent, as several news reports from recent times show.

On June 3, seven dogs were rescued from an alleged dogfighting operation in Gaston County, North Carolina, CBS 17 reported. The dogs were found covered in fleas and visible scarring consistent with injuries typically seen in dogfighting cases, officials with the Humane Society of the United States (HSUS) said. Just two days before that report, on June 1, four defendants pleaded guilty to federal dogfighting and conspiracy charges for their roles in an interstate dogfighting network that spanned the District of Columbia, Maryland, Virginia and New Jersey, the Department of Justice (DOJ) said in a statement. What’s more, one of the defendants in this case even took a child under the age of sixteen to attend one of the fights.

“Organized dogfighting — whether on a professional, hobbyist or street fighter level — has no place in our society. Dogfighting is an extremely violent and secretive venture of animal abuse, and bringing young children to these fighting events exposes another generation to indifference towards animal cruelty and disrespect for the law against this ruthless and illegal activity,” Acting Assistant Attorney General Jean E. Williams of the Justice Department’s Environment and Natural Resources Division said in the June 1 DOJ statement.

In many cases, dogfighting rings are only one among various types of crimes that perpetrators engage in. On Jan. 28, the DOJ said in a statement that 11 people were charged in a 136-count federal indictment including for violations of drug conspiracy, drug possession and drug possession with the intent to distribute, and violations of the dogfighting prohibitions of the federal Animal Welfare Act, and conspiracy to commit the same. “Dog fighting is brutal and illegal; it is particularly troubling when combined with drug trafficking,” Peter D. Leary, Acting U.S. Attorney for the Middle District of Georgia, said in the statement.

On March 4, 2020, the DOJ said that a federal jury had convicted the last of the defendants in a Pensacola-based dogfighting investigation of felony conspiracy to violate the dogfighting prohibitions of the federal Animal Welfare Act. One of the defendants in this case ran an operation that arranged dogfights and trafficked in fighting dogs with others outside Florida, too. Another co-defendant acted as a “makeshift” veterinarian and performed surgeries on the dogs, even though she had no license, treating injured dogs and removing dogs’ ears to prepare them for fights.  Two dogs in her “care” died from their fighting injuries. 

There are several other examples from recent times on dogfighting rings being busted, including one in March 2018 in Georgia, where federal agents seized 63 animals from a suspected dogfighting ring, and discovered the buried remains of seven others. Law enforcement agents have repeatedly stressed over time that dogfighting is a “barbaric spectacle” that ought to have no place in “any civilized society.” Still, it continues and, for reasons we have already mentioned above, remains tough to discover, investigate and bust. In 2019, a BBC investigation showed the illegal trade of fighting dogs stretched from Eastern Europe to Wales. In Iraq, for instance, dogfighting is advertised, discussed and even streamed live on Facebook, according to a VICE News video report from March 31, 2021. In India, instances of dogfighting rings have been reported, largely in northern states like Punjab and Haryana.

Dogfighting: History, Breeds, Routines And Laws

Historically, dogfighting is said to trace its origins back to the Roman conquest of Britain in around 43 A.D. when dogs were used during wars. In the United States, it can be traced back as far as the 1750s, with professional fighting pits proliferating in the 1860s, according to the ASPCA. “While organized dogfighting activity seemed to decline in the 1990s, many law enforcement and animal control officials feel that it has rebounded in recent years, with the Internet making it easier than ever for dogfighters to exchange information about animals and fights,” the ASPCA says.

So why do dogfighting rings still exist, nearly 2,000 years after it first began? As we said before, money is a major factor for most people engaging in this barbaric activity. The animals are viewed as an extension of themselves, i.e., as a way for handlers to “demonstrate” their strength. And for some, it is just the sadistic enjoyment of a brutal and bloody spectacle.

Across the world, there have been a few key dog breeds that are used for the purpose of fights, both legal and illegal. Most countries seem to have a preferred breed, but typically it involves those that are large, Mastiff-types, with powerful bones, muscles and jaws. In Japan, for instance, it is the Tosa Inu, which was specifically bred for fighting. In America, of course, top of the list is the Pit Bull Terrier. Like the Tosa, the Pit Bull was also selectively bred to promote the best possible fighting characteristics. The Spanish Presa Canario was the prey of choice for humans who wanted to settle their disputes and disagreements through dogfighting. Then there are others like Dogo Argentino, Fila Brasileiro, Rottweilers and varied mixed breeds. It is important to pause here to note that it doesn’t mean these dog breeds are unsuitable as family pets.

“Any dog can behave aggressively, depending on the context, his genetic background and his upbringing and environment. When a dog is treated well, properly trained and thoroughly socialized during puppyhood and matched with the right kind of owner and household, he’s likely to develop into a well-behaved companion and cherished member of the family,” the ASPCA says.

Video Source: FBI’s YouTube channel, showing the story of a puppy named Porkchop and its siblings who were adopted after their mother, who had been raised to fight, had to be euthanized.

Apart from raising dogs that are trained for fights in isolation, and by using drugs, many victims of dogfighting also go through the painful procedure of having their ears cropped and tails docked close to their bodies. What’s worse is that the fighters, or handlers, usually perform the procedure themselves using crude, inhumane techniques. Why are the dogs’ ears clipped and tails docked? First, it limits the areas of the body that another dog can grab onto in a fight, and second, it makes it more difficult for other dogs to read the animal’s mood and intentions through normal body language cues, says the ASPCA. Healthy dogs who are born “cold” or won’t fight are often used to sic other dogs on as training, HSUS says.

What Happens In A Typical Dogfight?

The location of the fight can be anywhere: A street tussle in a back alley, or staged operations by more organized groups at venues that are specifically designed and maintained for the purpose. The fights take place in pits that are cordoned off in some manner so that the animals can be contained to the space. Dogs are typically released from opposite corners in a fight, usually meeting in the middle and wrestling to get a hold on each other. Fights can last from a few minutes to hours, and both dogs involved in the fight can sustain injuries from puncture wounds, lacerations and blood loss, to crushing injuries and even broken bones.

Many die later, often of blood loss, shock, dehydration, exhaustion or infection, hours or even days after the fight, HSUS says. Those that don’t and end up “losing” the fight are often discarded, killed or simply left with their injuries untreated, says the ASPCA. If the losing dog comes from a valuable bloodline or has a good performance history, it may fare better. Earlier, even when fighting operations were busted, most dogs had to be euthanized, in part because they could not be adopted until a criminal case ran its lengthy course, leaving the animals to languish, the Federal Bureau of Investigation (FBI) says in a post from 2019.

Anti-Dogfighting Laws

Dogfighting is a felony in all 50 states, in the District of Columbia and in the territories of Guam, Puerto Rico and the U.S. Virgin Islands. In most states, the possession of dogs for the purpose of fighting is also a felony offense. Being a spectator at a dogfight is also illegal in all states, although in some states it is considered a misdemeanor and not a felony.

In North Carolina, for instance, the state House unanimously passed House Bill 544 just last month, according to CBS. It prohibits minors from attending dogfights or cockfights, and discussions are already underway to strengthen the bill in the state Senate by including a ban on the manufacture, possession and sale of dogfighting paraphernalia and training equipment. “Over the years, law enforcement raids have unearthed many disturbing facets of this illegal bloodsport. Young children are often present at these events, which promotes insensitivity to animal suffering, enthusiasm for violence and disrespect for the law. The Humane Society of the United States supports felony charges for spectators of dogfights. Spectators provide much of the profit associated with dogfighting and, with it, the motivation to continue the cruel practice,” HSUS says on its website.

From a federal perspective, the Animal Welfare Act of 1966 prohibits certain animal fighting-related activities when they involve more than one state or interstate mail services, including the U.S. Postal Service. In 2007, the act was amended to provide felony penalties for interstate commerce, import and export relating to commerce in dogs abused for profit, roosters who are forced to fight and cockfighting paraphernalia. Each violation can result in up to three years in jail and a $250,000 fine. In 2014, elements of the Animal Fighting Spectator Prohibition Act were signed into law as part of the Farm Bill and made attending an animal fight anywhere in the U.S. a federal offense, in addition to imposing further penalties for bringing a child under 16 to an animal fight.

When dogs are seized in federal animal-fighting busts, they are basically considered evidence and have to be held until the cases have made their way through the court system. But unlike stolen property like cars and jewelry, animals have to be taken care of. Drawn-out waiting periods often causes extreme stress and behavioral problems in rescued dogs. Caring for and holding seized animals for long periods of time is also expensive. Animal welfare agencies house, feed and provide veterinary and behavioral care to seized animals, and it is these agencies and taxpayers who are left to foot the bill. In April, U.S. Rep. John Katko reintroduced the Help Extract Animals from Red Tape (HEART) Act along with U.S. Rep. Judy Chu. The HEART Act aims to expedite the disposition process for animals, allowing them to be quickly placed in a home, and also to hold the perpetrators responsible for the cost of the victims’ recovery. 

How Can You Help?

Anyone who comes across a probable case of dogfighting can report it on the basis of animal cruelty. You can find out how to report animal cruelty on the ASPCA website. You can also alert local law enforcement agencies and get the HSUS involved. But the most important thing is to know what signs you need to look out for when it comes to dogfighting.

  • Keep an eye out for multiple Pit Bull-type dogs kept in the same area, and notice whether they look injured or unsocialized.
  • They may also be constantly chained or tethered to a tire axle or dog house/barrel. Some cases involve dogs that are chained inches apart from one another.
  • Check if there’s any equipment such as treadmills, breeding stands (used to immobilize female dogs), breaking sticks used to pry open the dog’s jaws after they lock it in a fight, and training springs like tires swinging from a tree. But equipment makes for a more tenuous link to dogfighting because some can be used by regular trainers too. So it would need to be combined with other signs before you can draw conclusions.
  • Dogs with multiple scars, possibly with their lips or ears ripped off.
  • Dogs kept in secluded areas, where it seems like they are intentionally kept out of public view. In places like New York City, for instance, dogs used for fighting are often found living in secluded, indoor areas such as basements.

Those who are up for it can also help by adopting dogs that are rescued from these illegal fighting rings, of course, and save them from a lifetime of extreme cruelty.

‘Bright Light City Gonna Set My Soul On Fire’ — Vegas Is Bouncing Back Strong

By Aara Ramesh

As of June 1, downtown Vegas is completely open for the first time in over twelve months and the buzz is almost palpable. Already, live music has returned to the Strip. Casinos are taking down plexiglass dividers and are no longer requiring masks or physical distancing for those who have been fully vaccinated. There is an air of excitement and pent-up energy, with visitors and residents alike looking to burn off the stress and anxiety that the pandemic had prompted.

In the latest sign of a strong recovery, late last week it was announced that the Global Gaming Expo (G2E) will take place in Las Vegas this October. The event, which was held virtually last year, will bring together thousands of commercial and tribal gaming stakeholders from across the world at the Sands Expo & Convention Center. When asked, the industry was clear — it had to be Vegas.

The recovery has been in the works for a few months now, chugging along at a slow but steady pace. On the governor’s orders, casinos were closed for 11 weeks from March 2020 on, as officials raced to contain the spread of the virus and as Americans balked at the idea of traveling. Even after that, the opening was gradual, with capacity restrictions and safety protocols put in place. But things started to pick up speed earlier this year.

For two consecutive months now, Vegas has received more than 2 million visitors, with the airport reporting increased foot traffic as well. Spring Break and March Madness drew even more crowds. But everyone’s eyes seemed to be on Memorial Day weekend, which was when things really shifted into full gear.

Pools were full, casinos were rocking and tourists were out and about in full force, and that was before all restrictions were lifted. The CEO of MGM, the largest of the Strip’s casino operators, said that the group’s hotel rooms on the Strip hit a 90% occupancy rate during Memorial Day weekend. He said the “propensity to gamble is higher than we’ve ever seen,” adding that Vegas is “on fire” and “back with a vengeance.”

According to the U.S. Transportation Security Administration (TSA), air traveler volumes across the country over Memorial Day weekend hit its highest level in more than a year, with an average of 1.78 million people being screened between Friday, May 28, and Monday, May 31.

And now things look to be even more on the up-and-up. Hotels in Vegas are now at 80% capacity during the weekends and at 50% on most other days. In a familiar and oddly welcome sign, the roads are congested again, with traffic coming to a complete halt for two straight weekends now, even as temperatures in the state soar.

After being out of action for over a year, the Las Vegas Monorail is back online. The route is vital to tourism, running from the airport to the north end of the Strip, and stopping at the Las Vegas Convention Center (LVCC) on the way. The resumption of the service could not come at a better time, with a delayed convention season just kicking off.

There are a slew of events slated to take place in Vegas over the coming months, ones that stakeholders are hopeful will draw crowds. One of the biggest days of the summer is likely to be the Fourth of July, with seven resorts on the Strip planning fireworks shows. In October, North America’s largest electronic dance music festival, Electric Daisy Carnival, will be coming to Vegas to celebrate its 25th year.

Worldwide Wrestling Entertainment’s (WWE) biggest summer blockbuster— the SummerSlam — will be held at the Allegiant Stadium from August 21 onwards. If the venue sells out, there could be over 70,000 people in attendance. That same night, two of boxing’s biggest names, Manny Pacquiao and Errol Spence Jr., will go head to head in a highly anticipated match-up.

The owner of the Downtown Las Vegas Events Center said that the next seven months are set to be the busiest the Center has ever been. “I think we have 12 or 13 straight weekends with multi-day events in late summer through the fall,” he added. The Venetian is reporting that it has sold out its convention space for the rest of the year and is seeing the kind of business that was typical for this time of year before the pandemic.

Casinos, resorts and hotels in the Valley have been hard at work to prepare their properties for the expected flood of visitors. The 1.4 million-square-foot west wing of the LVCC just underwent a transformation worth nearly $1 billion, in anticipation of returning crowds. The Strat is targeting the return of live entertainment, having spent over $100 million on renovations.

This supply-side excitement is likely to be met with a commensurate response on the demand side. The CDC has advised that only fully vaccinated people should travel completely unencumbered, and people are taking them up on that offer, as can be seen from the TSA’s data above. The latest figures say that approximately 41.9% of the American population is fully vaccinated and the drive to boost that number before July 4 is ongoing.

The one sign that Las Vegas is waiting for, however, is the return of conventions, which some say would bode well for the country’s overall economic recovery. Trade shows and gatherings support more than 40,000 direct and indirect jobs in the area, per officials. In 2017 alone, conventions added almost $6 billion to the city’s economic output. To get weekday rates of occupancy back to normal, experts say, the city needs business travel and conventions to make a strong comeback.

Tomorrow, June 8, the World of Concrete exhibition kicks off at the LVCC. It is the first major trade show to return to the city since the pandemic, and is expected to be the impetus for the return of convention and event traffic in the city. The show usually draws 60,000 people, though those numbers are understandably expected to be slightly different this year. And with G2E dates being announced and other events being scheduled, the Valley seems to be well on track for a busy second half of 2021.

And it could not come at a better time. April’s unemployment numbers in the Las Vegas Valley seem discouraging at first glance, coming in at 9% (slightly up from March’s 8.8%). But employers are on a hiring spree. They are hosting numerous job fairs and are vying for the top talent. Competition is stiff as workers look for higher wages, especially with the pandemic still being a cause for concern and with a lack of childcare/adult care options available to them. 

But companies are stepping forward, offering benefits, bonuses and hourly wages well above the minimum (sometimes as high as $20). Greg Carlin, CEO of Rush Street Gaming, said in a statement that “paying a living wage is more than a recruitment strategy — it’s the right thing to do.” His group is offering non-tipped workers at Rivers Casinos nationwide an hourly wage of $15, which rises to $25 in effective terms once benefits are taken into consideration.

All the signs seem to point that Vegas is raring to go!

US Traffic Fatalities Hit 13-Year High In 2020, Largely Due To DUIs/DWIs, Not Wearing Seatbelts and Speeding

By a Biometrica staffer

On Thursday, June 3, the National Highway Traffic Safety Administration (NHTSA) announced that preliminary data seems to indicate that U.S. traffic deaths shot up by 7.2% in 2020 (as compared to 2019), despite the pandemic and associated lockdowns reducing road activity. Particularly in the second half of the year, traffic deaths went up a staggering 13% compared to the last two quarters of 2019. The 38,680 fatalities recorded over the course of 2020 was the highest yearly total since 2007.

This uptick came despite the fact that Americans drove 13% fewer miles in 2020 than they did in 2019, a drop of roughly 430.2 billion miles, per estimates from the Federal Highway Administration (FHWA). The fatality rate, which gauges the number of deaths per 100 million miles covered, was 1.37, the highest it’s been since 2006; the figure was 1.11 in 2019. According to the NHTSA, deaths rose largely on the back of drivers increasingly engaging in unsafe behavior, particularly driving under the influence (9% increase over 2019), speeding (10% increase) and not wearing seatbelts (15%).

One theory is that as roads became emptier due to lockdowns and the lack of commuters, drivers became more reckless and more likely to engage in unsafe, risky behavior. Some might have even believed that, due to the pandemic, they were less likely to be caught and punished by police officers. The agency noted that its data indicates speeds increased throughout 2020, and extreme speeding seemed to become more commonplace.

This information seems to confirm worries from earlier in the year. A study released in March by the National Safety Council, a non-profit, estimated an 8% increase in the number of people that died in vehicle crashes in 2020, the first hike in that rate that it has reported in four years. At that time, the group’s manager of statistics cited increased evidence of alcohol, marijuana and opioid use in trauma center patients being treated after a vehicle crash.

The NHTSA said that fatalities in fact rose in 2020 across most of the major categories it tracks. For instance, motorcyclist deaths increased 9% and bicyclist deaths rose 5%. The number of pedestrian deaths remained steady. Demographically, there was a 23% rise in the number of non-Hispanic Black people killed in 2020, compared to 2019. The picture was rosier for some segments, though. Crashes involving large trucks likely fell by 2% and deaths of senior citizens (65 years and above) also likely dropped, by roughly 9%. 

The NHTSA says that its investigations into the worrying data continue and that it is trying to better understand what changed in 2020, what the contributing factors were and how such risk-taking behavior can be curbed. Acting Administrator Steven Cliff said that the agency plans to use all resources available to reduce these figures. Part of that, he said, would come from President Biden’s infrastructure proposal, which would make “vital funding” — to the tune of roughly $19 billion — available to enhance road safety.

The NHTSA typically releases the final numbers in the fall.

Real Estate Wire Frauds Are Still On The Rise: What You Need To Know To Protect Yourself

By a Biometrica staffer

There were 13,638 victims of real estate/rental fraud in 2020, amounting to a loss of over $213 million according to the Federal Bureau of Investigation’s (FBI) Internet Crime Report for the year. That’s a 16.7% jump in victim numbers from 2019, although the amount of money lost was higher in 2019, coming in at over $221 million. Within real estate fraud, wire fraud at the time of closure is becoming an increasing concern amongst realtors and consumers alike. Wire fraud and title fraud risks increased by around 90% from Q4 2020 to Q1 2021, according to loan-level fraud prevention & risk management company FundingShield’s Q1-2021 Market Wire Fraud Risk Analytics report. One in three transactions had wire and title fraud risks during Q1 2021, FundingShield’s report added.

In October 2020, CNBC reported in moving detail the story about a family who wired $921,235.10 to what they thought was their mortgage company. Only, it wasn’t. In this family’s case, they were having an email conversation with their real estate agent and legitimate representatives from the title company. But hackers somehow managed to insert themselves into the conversation, using email addresses designed to look like one or more of the participants in the deal, CNBC reported.

The fraudsters even emailed digital copies of the real closing documents and wire instructions that looked real from the fake email account. Luckily, this family’s story has a happy ending, as their bank was able to recover the money, but most victims are not as fortunate.

Real estate wire fraud is becoming increasingly common, the CNBC report said, citing FBI. Consumers had lost more than $220 million in schemes like this when the CNBC reported the story in October 2020, a 13% increase from the same period on a year-ago basis. Keeping in mind this larger backdrop of the frequency of real estate wire frauds going up, we take you through what you need to look out for as a homebuyer/renter, or as a prospective homebuyer/renter, before making that all-important wire transfer to buy or rent a home.

Wire Fraud Basics

Quite simply, wire fraud is just any incident that involves an individual being tricked into sending money through wire transfers to fraudsters. It can range from imposter scams and debt collection schemes to even identity theft.

What makes real estate transactions a ripe target for these types of frauds?

For one, it involves multiple parties, often those who have not worked together before and, in some cases, could even include those who have not met. The parties can include buyers, sellers, real estate agents, mortgage lenders and title, closing and settlement agents. Second, the amount of money involved in real estate deals are high. The average mortgage loan for newly built houses in the U.S. is now $370,000, Ike Suri, CEO & Chairman of FundingShield, wrote in a May 18 Forbes column about combating mortgage wire frauds.

“All that money, anonymity and desire can play right into the hands of scammers who hack into the email of one or more parties to monitor the transaction. Then, at just the right time, they’ll contact the buyer, the lender or both and impersonate the title company with fraudulent wiring instructions to divert the money. If the money is sent to the scammer, it might never be recovered, which can be especially devastating to a buyer who’s saved for years to amass the down payment,” Suri wrote in that column.

How do scammers find out about real estate deals in the first place, though?

There can be several ways, but the National Association of Insurance Commissioners (NAIC) says fraudsters can use online real estate shopping tools to seek out transactions getting ready to close. Then they hack into a not secured email account of one of the individuals involved in the transaction, and use that information to send wire transfer recipient details to unsuspecting buyers.

Tips To Protect Yourself From Wire Fraud

Wire fraud in real estate can involve everything from posting fake or cloned rental listings for apartments, to imposter scams and phishing-like scams. In general, though, there are a few things you can do as a homebuyer, or even as a renter, before wiring money to anyone.

Before You Wire:
Wiring money is like sending cash — once it’s gone, you probably can’t get it back. On the topic of wiring money, this is also a good time to remind everyone that you should never wire money to a stranger — no matter what reason they give. Here are some excerpts from the Federal Trade Commission’s Consumer Information guide on scammers and wire frauds:

  • Remember that scammers know that once the money reaches them, there are very slim chances of you getting it back.
  • They can pick up the money at any of the wire transfer company’s locations, and know it will be nearly impossible to identify who picked up the money or to track them down.
  • Say you respond to an ad for an apartment with surprisingly low rent. Even before you see the apartment, you’re asked to wire money in the guise of application fee, security deposit or the first month’s rent. In such cases, you will mostly discover after you’ve wired money that there really is no apartment for rent, or that the scammer put their contact information on someone else’s photo or rental ad.
  • Scammers can run similar schemes for vacation rentals too.
  • Never wire money or send a check to someone you’ve never met for an apartment you’ve never seen. If you can’t meet the landlord in person because they live or are traveling outside the country, keep looking. If you can’t see the actual apartment before you pay application fees, a security deposit or sign a lease, again, keep looking. 
  • If you receive an email pressuring you to make an on-the-spot decision for a rental, ignore it and move on. 
  • The lower the price for a premium listing, the more likely it is a scam. 
  • On the other hand, if you are a landlord looking to rent out a place, watch out for scams involving fake checks. A scammer could reply to your ad saying they have a cashier’s check ready for you to deposit in your bank account for more than the rental price. They may then ask you to wire them the difference once you’ve deposited the check. Unfortunately, once the bank figures out the check you deposited is a fake, you are responsible for repaying all of the money, including the cash you wired to the scammer!

What do you do if you have already wired money to a scammer? Here’s what FTC says:

  • If you’ve sent money using a wire transfer company like MoneyGram or Western Union, contact that company right away. Tell them it was a fraudulent transfer. Ask them to reverse the wire transfer and give you your money back.
    Contact MoneyGram at 1-800-MONEYGRAM (1-800-666-3947) or
    Western Union at 1-800-325-6000
  • If you sent the wire transfer through your bank, contact them and report the fraudulent transfer. Ask if they can reverse the transfer and give you your money back.
  • You can also report the fraud to the FTC at ReportFraud.ftc.gov.

Imposter Scams And Phishing Scams

When it comes to homebuying, the scams can get slightly tougher to spot than fake rental ads, as in the case we mentioned at the start of this piece, about the family that nearly lost close to $1 million.

Imposter scams can involve calls or emails from people you seem to know, too, not just strangers. It could even appear to be from someone you have not met in person but have been corresponding with online, like closing agents, realtors, etc. Scammers could also resort to phishing emails to get you to wire money to them. They can make the emails look like they’re from a company you know or trust.

Here are a few signs you can watch out for to protect yourself from imposter scams, phishing emails or hacking of legitimate conversations:

  • Look very closely at the sender’s email address before clicking on anything, especially a payment link, or initiating a wire transfer. Scammers often change just one letter to make it inconspicuous to their victims.
  • When it comes to real estate deals, make sure you do not wire any money unless you speak to your realtor, mortgage broker, attorney, and/or whoever else has been your point of contact through the course of the transaction so far, ideally through their official or listed number, and confirm all wiring instructions.
  • Watch out for any last-minute changes in wiring instructions. If that happens, do not initiate a transfer. Instead, once again, call someone you trust who is involved in the transaction and re-confirm details.
  • Do not wire any money until you’re sure the information is correct. Even if you are in a hurry to close the deal and are excited to own a new home, it’s wise to pause and double-check the information before proceeding.

If you have received a phishing email, the FTC website says you can forward it to the Anti-Phishing Working Group at reportphishing@apwg.org. If you got a phishing text message, forward it to SPAM (7726).

Past, Present And Future: What’s Happening With Illinois’ And Other Biometric Privacy Laws

By Dmitry Shifrin, Mary Tobin & Lindsay Dailey

Polsinelli PC, Chicago, Illinois

Biometric information and biometric identifiers are becoming more highly regulated in today’s data privacy and cybersecurity conscious landscape. Like other types of personal data, biometrics have the potential to identify individuals, and state legislatures are responding by changing their privacy laws to include biometrics within their grasp. 

The most stringent of these laws is Illinois’ Illinois Biometric Information Privacy Act (BIPA) which is seeing heavy class action activity in recent years, despite BIPA’s existence since 2008. Also trending in biometric litigation is increasing settlement figures — for example, in February 2021, a federal court approved the $650 million proposed settlement of a BIPA class action against Facebook.

BIPA Requirements

BIPA requires private entities that obtain biometric information or identifiers to first inform the subject in writing that their information is being collected and stored, inform the subject of the specific purpose and term for collection and storage, and secure a written release from the subject. BIPA also prohibits the disclosure of the biometric information without the subject’s consent, unless an exception is met. Private entities also cannot sell, lease, trade, or profit from a person’s biometric information. Further, BIPA requires a private entity in possession of biometric identifiers and information to develop a publicly available written policy establishing a retention schedule and providing guidelines for the permanent destruction of the information.

Any person aggrieved by a BIPA violation may file suit to recover statutory damages of $1,000 for each negligent violation or $5,000 for each intentional or reckless violation, plus reasonable attorneys’ fees and costs. To establish standing, actual harm is not required and mere procedural violations are sufficient.

Status Of Current BIPA Cases In Illinois

Despite the increase in litigation, there is limited controlling precedent in state court to rely upon, with federal court litigation bringing its own unique considerations for parties. For example, BIPA does not provide for a statute of limitations, which is an important issue litigated across lower courts without prevailing input from appellate courts (yet). As we write this, there also are two pending appellate court cases that will address key issues for businesses and employers facing BIPA lawsuits.

The Illinois Supreme Court is set to decide whether the exclusive remedies under the Illinois Workers’ Compensation Act bar claims for statutory damages under BIPA where an employee alleges that an employer violated the employee’s statutory privacy rights under BIPA.  In McDonald v. Symphony Bronzeville Park, LLC, No. 1-19-2398 — a highly anticipated case because the decision will impact literally hundreds of BIPA cases — the Defendant-former employer seeks to bar the Plaintiff-employee’s claims for injuries incurred when scanning her fingerprints to clock into and out of work. As of April 30, 2021, Defendant-Appellant filed its opening brief, and Plaintiff’s response is forthcoming. A ruling in favor of Defendant will have resounding effects on current and future BIPA cases in the employment setting, which typically involve the alleged collection of biometric information for timekeeping purposes and access to computer systems.

Pending before the Seventh Circuit is a challenge to the Northern District of Illinois’ decision that two independent and actionable BIPA violations occurred and accrued each time the Plaintiff used Defendant’s finger-scan system without appropriate notice and consent (i.e., to access both work computers as well as weekly paystubs). In Cothron v. White Castle System, Inc., No. 20-3202, the Defendant and Amicus Curiae argue that potentially crippling damages may ensue if each employee is entitled to one or more awards of statutory damages each time an employee uses biometric technology.  If the lower court’s reasoning stands, conservative estimates of damages for the plaintiff alone are estimated to exceed $3 million and the class to easily exceed $1 billion.

In response to the torrent of BIPA litigation, the Illinois House of Representatives is considering House Bill 559 which is intended to stem the impact of BIPA claims on businesses of all sizes in the state. Illinois House Bill 559 seeks to make several changes to BIPA: (1) narrowing the definition of biometric information by exempting “information derived from biometric information that cannot be used to recreate the original biometric identifier [e.g., a numerical identifier converted from a finger scan]”; (2) employees must provide employers with written notice and an opportunity to cure a BIPA violation 30 days before being able to file a lawsuit; (3) a one year statute of limitations to file a BIPA suit; (4) eliminating statutory penalties of $1,000 or $5,000 “for each violation” and limiting recovery to actual damages and attorneys’ fees; (5) excluding suits filed by employees subject to a collective bargaining agreement; and (6) permitting electronic consent instead of requiring a “written release.”

Current And Proposed Biometric Privacy Laws In Other States

Several states have followed Illinois in passing legislation regulating the use and disclosure of biometric information; However, Illinois currently is the only state whose statute includes a private right of action. Laws governing biometric information range from comprehensive laws governing biometric information that are similar to BIPA, to data privacy laws which include biometric information within the definition of “personal data,” to breach response laws including biometric information under “covered personal information.”

Currently, only two other states have a comprehensive law governing biometric information: Texas and Washington. Tex. Bus. & Com. Code §503.001 provides that a person may not capture a biometric identifier without prior consent, may not sell biometric data without consent or unless allowed by law, must use reasonable care in storing it, and shall destroy the biometric identifier within a reasonable time. Similarly, Wash. Rev. Code Ann. §19.375.020, prohibits any company or individual from entering biometric data “in a database for a commercial purpose, without first providing notice, obtaining consent, or providing a mechanism to prevent the subsequent use of a biometric identifier for a commercial purpose.” While both laws have similar requirements to BIPA, neither include a private right of action and both authorize their respective state attorney general to enforce the laws.

Other states have introduced proposed comprehensive legislation that has failed to pass, with Maryland and New York as the latest to consider implementing a comprehensive biometric information privacy law. New York Assembly Bill 27 would require written consent for collecting biometric information, and prohibit the sale of that information. Maryland House Bill 218 would impose similar restrictions. Both laws would feature a private right of action, distinguishing them from the Washington and Texas statutes.

The California Consumer Privacy Act includes biometric data within the definition of personal data. The law intends to provide consumer rights related to the control of their personal information, which extends to biometric data defined as “physiological, biological or behavioral characteristics, including … DNA[,] that can be used … to establish individual identity,” including “imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.” Cal. Civ. Code § 1798.140(b).

New York and Arkansas both have breach response statutes covering biometrics. Specifically, in New York the 2019 Stop Hacks and Improve Electronic Data Security (SHIELD) Act includes “biometric information” within the definition of “private information.” The law requires notification to individuals upon discovery of unauthorized access of their private information. And Arkansas’ breach response law, Arkansas Code §4-110-103(7), now includes “fingerprints; faceprint; a retinal or iris scan; hand geometry; voiceprint analysis; deoxyribonucleic acid (DNA); or any other unique biological characteristics” as biometric data within the definition of covered personal information. Arkansas’ law also requires notice to individuals upon discovery of a breach of personal information. 

Congressional Interest In Biometric Privacy Laws

Federal lawmakers have also shown an interest in legislating biometric information. The National Biometric Information Privacy Act of 2020 was introduced in August 2020 and would require covered entities to obtain consent prior to capturing biometrics, and also impose retention, disclosures, and destruction requirements. The proposed federal law, which is currently still under review in the U.S. Senate, would also include a private right of action.

While the future of a federal law governing biometric information remains to be seen, it is clear that the regulatory landscape governing biometrics is constantly evolving and entities handling biometric information must be vigilant as to their obligations under current and future laws, particularly as enforcement increases and private litigation shows no sign of abating where permitted.

Author Bios: Dmitry Shifrin, Mary Tobin and Lindsay Dailey are attorneys at the Chicago offices of Polsinelli, an Am Law 100 firm with 900 attorneys in 21 offices nationwide. Mr. Shifrin focuses on health care litigation and the disputes practice, while also regularly defending privacy-related class actions arising out of BIPA. Ms. Tobin is an attorney in the health care operations practice, while Ms. Dailey is a privacy and technology attorney specializing in health care and specifically, counsels on GDPR, HIPAA, CCPA, FTC, BIPA and other data privacy and security laws.

US Supreme Court Unanimously Reaffirms Tribal Police’s Authority On Their Land

By Aara Ramesh

The U.S. Supreme Court earlier this week ruled decisively in favor of tribal law enforcement, reaffirming their authority over federal crimes on their land. In a unanimous opinion written by Justice Stephen Breyer, the land’s highest court on June 1 said that tribal police have the right to detain non-Indigenous people on reservation land if there is reason to believe the person is violating state or federal law.

The case in question — United States v. Cooley — originates in February 2016, when James Saylor, an officer with the Crow Police Department, came across a truck stopped on the side of U.S. 212, the highway that runs through part of reservation land in southern Montana. It was 1 a.m. and Saylor was quick to notice that Joshua James Cooley, the defendant, appeared to be under the influence, with “watery, bloodshot eyes.” Saylor also noticed two semi-automatic rifles in the front seat of the car, a glass pipe and a bag with methamphetamine. Cooley had his young son with him in the truck as well. 

Correctly deducing that Cooley was a “non-Native,” Saylor called for back up from both tribal and county police officers. When they arrived, the officers authorized Saylor to “seize any contraband in plain view,” upon which he discovered more meth. After his arrest, Cooley faced charges of possession of methamphetamine with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime. The Crow Tribe has been hit particularly hard by the methamphetamine epidemic.

Cooley’s defense team argued to have the drug evidence thrown out on the basis that Saylor, as a tribal police officer, had no jurisdiction to investigate “nonapparent [sic] violations of state or federal law by a non-Indian on a public right-of-way crossing the reservation.” In 2017, a district court agreed with that assessment, which was also upheld in March 2019 by the 9th U.S. Circuit Court of Appeals. 

The Supreme Court said it would take on the case earlier this year. Its landmark ruling indicates that although it’s understood that “the inherent sovereign powers” of a tribal nation do apply to non-tribe individuals, in Cooley’s case, Officer Saylor did have the authority, as he was acting in protection of the tribe’s health and welfare. In the opinion, Justice Breyer wrote that the earlier decision by the lower courts “would make it difficult for tribes to protect themselves against ongoing threats.”

According to one expert, this is the first time the court has exercised the health and welfare exception to the limits placed on tribal sovereignty. Ahead of the ruling, advocates for Indigenous Peoples’ sovereignty said that if the court ruled in Cooley’s favor, it could have seriously hindered tribal law enforcement’s ability to fight crime on reservations, eroding their sovereignty.

The nation’s highest court was careful, however, to restrict the scope of its ruling. It specified that a non-Indigenous motorist may be stopped on “a public right-of-way that traverses a Native American reservation and is primarily patrolled by tribal police,” but the officer must have probable cause that the driver is violating state or federal laws. The court also said that the officer can conduct a search of the person and the vehicle “to the extent necessary to protect themselves or others.” If the officer has sufficient doubt, he or she may detain the person until a non-Tribal officer can arrive on the scene (within a reasonable timeframe). It also does not mean that tribal officers now have had their jurisdiction extended when it comes to policing non-Natives — they are still restricted to their lands.

According to federal law, federal and tribal courts have the authority to prosecute crimes involving Natives on reservations, meaning that many tribes have worked to enhance their own law enforcement agencies and justice systems, to handle the volume of cases. According to one member of the Crow Tribe, Whiteman Runs Him, there are usually only between two and four police officers who patrol the 2.5 million acres of the reservation’s land. Crimes committed by non-Natives on reservation land are prosecuted by the state.

The ruling is particularly significant because some tribal police officers report that there are times when non-Tribal officers are either too busy to be able to assist, or do not have people on hand. This seriously affects tribes’ ability to enforce a range of laws, be that in terms of motorists speeding or driving on Indian Country land under the influence, all the way to murder, drug abuse, sexual assault and domestic violence.

Indigenous People are facing somewhat of a crisis when it comes to violence being committed against Native Americans nationwide. The rates of Natives who go missing, are killed, or suffer sexual abuse are disproportionately higher than the national average. According to one report from the Department of Justice, 65% of rape cases that were reported on reservation land in 2011 were not prosecuted. Roughly one in three Indigenous women are raped during their lifetimes, and in 86% of these cases, the rapist is non-Native.

This is not the first time that the Supreme Court has sided with Indigenous Nations. It has been increasingly ruling on cases related to tribes’ authority over crimes committed on their own lands.

On July 9, 2020, the court declared that around 50% of eastern Oklahoma, home to 500,000 tribal citizens, is technically still part of Indian Country. The narrow 5–4 decision was delivered in a child-rape case. In the majority opinion, Justice Neil M. Gorsuch wrote that the U.S. Congress had given the Muscogee (Creek) Nation a reservation and had to abide by the treaty. Before it became a state, Oklahoma was designated a reservation by Congress. After it joined the union, Congress repeatedly infringed upon the boundaries agreed in treaties signed in the 1800s. “We hold the government to its word,” Gorsuch said.

By acknowledging that the Muscogee (Creek) Nation was technically never disestablished, the court sent down a ruling that had serious implications for Oklahoma’s legal system. It threw into doubt previous cases where tribal citizens were convicted of felonies in state courts. This decision  effectively expanded tribal authority in Oklahoma, recognizing the Indigenous Americans’ jurisdiction over a significant portion of the state. 

The complicated mix of laws that governs crimes committed on reservations by both Indigenous and non-Indigenous people has created what some term a “jurisdictional maze.” This makes it difficult for all manner of law enforcement officers from effectively carrying out their jobs and stopping people from committing crimes with impunity. This is the latest development in a centuries-old balancing act between public safety needs and the tribes’ rights to self-government.

Catholic Church Law Tightened To Explicitly Criminalize Sexual Abuse Of Adults By Priests, Laity

By a Biometrica staffer

On Tuesday, June 1, Pope Francis made a long-awaited change to the criminal section of the Code of Canon Law, or Catholic Church law: The changes explicitly criminalize the sexual abuse of adults by priests who misuse their authority. It also holds laypeople in church offices accountable via sanctions for similar sex crimes.

The Code of Canon Law is the legal system that regulates the life of the 1.3 billion-member Catholic Church and operates independently from laws in the secular world. The last time the code was rewritten was in 1983, and before that in 1917, the Associated Press reports. The changes published on Tuesday concern only one of the code’s seven sections, or books — the penal law section, or Book VI, and is known as an apostolic constitution with the title, Pascite Gregem Dei, which translates as “Tend the Flock.”

At the end of 2019, the Vatican office responsible for processing clergy sex abuse complaints — The Congregation for the Doctrine of the Faith (CDF) — had a record 1,000 cases reported from around the world that year, including some regions that had not reported any allegations at all. It was a four-fold increase overall in the number of reported cases compared with a decade ago, an Associated Press article on Dec. 20, 2019 had said. The CDF is one of the nine congregations of the Roman Curia, the central body through which affairs of the Catholic Church are conducted in the name of the pope and with his authority.

Decades of clergy abuse and cover-ups have left rank-and-file Catholics disillusioned. Over the years, the Vatican has issued piecemeal changes to address problems and loopholes. The most important among those was one that required all cases to be sent to the Holy See for review and that allowed for a more streamlined administrative process to defrock a priest if the evidence against him was overwhelming, according to an Associated Press report. The Holy See is the central governing body of the Catholic Church and a sovereign entity recognized by international law.

But in 2019, even the Vatican’s most secretive institution felt the need to show some transparency as the church hierarchy seeks to rebuild trust. An AP photographer and video journalists were allowed into the CDF’s inner chambers for the report back then, marking the first time in the tribunal’s history that visual news media were given access. 

Also in 2019, the pope had announced sweeping changes to the way the Roman Catholic church dealt with child sexual abuse cases, and abolished the rule of pontifical secrecy that previously covered them. Francis had issued two documents that backed practices that were already in place in some countries, particularly the U.S., such as reporting suspicions of sexual abuse to civil authorities where required by law.

The changes to canon law announced on Tuesday appear to be a continuation of the response to numerous clerical sex abuse and financial scandals that have taken place across the world over the last quarter century, NPR reported.

What Are The Changes?

The biggest changes are contained in two articles: 1395 and 1398, which deal with the way the church handles sexual abuse cases. Under the new law, which will go into effect on Dec. 8, the church will recognize that it’s not just children but adults as well who can be victimized by priests who abuse their authority. The revised law also makes it clear that laypeople who hold church positions, such as school principals or parish economists, can be punished for abusing minors as well as adults.

A priest who engages in sexual acts with anyone — not just with a minor or someone who lacks the use of reason — can now be defrocked if he uses “force, threats or abuse of his authority.” Before the revised law, the church’s thinking on abuse was largely perceived to be one that considered any sexual relations between a priest and an adult as sinful but consensual, on the basis that adults are able to offer or refuse consent purely by virtue of their age. But the Vatican has come to realize that adults can be victimized too, especially if there is a power imbalance in the relationship. An example of that was the scandal over ex-Cardinal Theodore McCarrick, the former archbishop of Washington.

The Vatican published a report in November 2020 that found the former cardinal had abused his authority to force seminarians to sleep with him. That report also showed, more worryingly, that McCarrick continued to abuse seminarians for decades thanks to cover-ups by prominent church figures. Popes John Paul II and Benedict XVI were aware of the accusations, the report said. McCarrick was defrocked in 2019 on charges of sexual abuse of minors and adults.

Along with expanding the definition of abuse to include adults, the changes to canon law also criminalizes priests grooming minors or vulnerable adults to compel them to engage in creating sexual abuse material, making it the first time it has officially recognized the method sexual predators use to build relationships with victims they have targeted as a criminal act. The law doesn’t explicitly define which adults are covered, saying only an adult who “habitually has an imperfect use of reason” or for “whom the law recognizes equal protection.” The Vatican previously defined vulnerable adults as those who even occasionally are unable to understand or consent because of a physical or mental deficiency or those who are deprived of their personal liberty, according to the Associated Press report.

The revised law will also hold those in positions of authority responsible for ignoring or covering up abuse, and failing to properly investigate or sanction predator priests. A bishop can be removed from office for “culpable negligence” or if he does not report sex crimes to church authorities, but the revision does not set forth any punishment for failing to report suspected crimes to the police either.

When it comes to its take on ordaining women, though, the revised laws have been criticized. For centuries, the church has banned women from becoming priests, saying that is a right reserved only for a “baptized male.” But now, the code will specifically stipulate that both the person who attempts to confer ordination on a woman, and the woman herself will incur automatic excommunication and that the cleric would risk being defrocked. It’s a “painful reminder of the Vatican’s patriarchal machinery, and its far-reaching attempts to subordinate women,” Kate McElwee, executive director of the Women’s Ordination Conference said in a statement on the organization’s website.

Why Was The Law Changed?

The changes to the law, as mentioned earlier, are part of reforms that Pope Francis has already undertaken, especially with those in 2019. But the fact that changes were necessary was recognized and identified early on, even within the church.

“Shortly after the promulgation of the Code of Canon Law in 1983, the limits of Book VI on Criminal Law became apparent. Following an idea of decentralization the drafting of Penal notes has been largely indeterminate. It was thought at that time, that it was up to the bishops and superiors to decide, according to the gravity of the circumstances, which offenses to punish and how to punish them. This indeterminacy of the norms and the difficulties of many Ordinaries found at that time in combining charity with punishment was because criminal law was hardly applied. Moreover, it was not understood that bishops reacted differently to similar situations,” Bishop Juan Ignacio Arrieta Ochoa de Chinchetru, the Secretary of the Pontifical Council of Legislative Texts, said in a post on Vatican News, explaining the history behind a change in the law.

“This situation caused the Holy See to intervene assigning the most serious crimes exclusively to the Congregation for the Doctrine of the Faith, and granting the faculty to intervene to other dicasteries of the Curia. Finally, Pope Benedict decided to review Book VI,” he added. Vatican News is the news portal of the Holy See.

The 1983 code was deemed completely inadequate when it came to dealing with the sexual abuse of minors. It was complicated, required time-consuming trials and gave accused priests plenty of defenses to avoid penalties or be exonerated on appeal.

Separately, just last week, the pope ordered a residence for altar boys who serve Mass in St. Peter’s Basilica to be moved out of the Vatican, after it became the subject of a sexual abuse trial, Reuters reported.

How To Protect Children And Disrupt The Cycle Of Exploitation

By Jan Edwards

May 25 was International Mission Children’s Day. Globally, more than one million children are reported missing every year. ICMEC considers any child under the age of 18 whose whereabouts are unknown to be “missing.” This includes children who have been abducted, abandoned, separated from their parents, or are running away from a home that is not safe.

In the U.S., approximately 365,000 children went missing in 2020. Here are some startling facts to know, and to understand why it’s important we educate ourselves on the reality of what’s happening to our children, mostly, right underneath our roofs.

  • 91% are endangered runaways.
  • 5% are family abductions.
  • 1 in 6 were likely victims of child sex trafficking.

When a child goes missing the impact isn’t just on the immediate family. It impacts the neighborhood, the child’s friends, their siblings, the parents work environment, everyone’s health, the local police, and if warranted, the FBI.

Here are some things you can do to help prevent your child or other children from being exploited or going missing.

Get Educated

Happy teens don’t run away. They may get mad, slam the door, they may argue, roll their eyes at you, however, they really just want to be loved and accepted. One of the things you can do to interrupt that pattern is to be curious about what your children are dealing with, on the daily. Educate yourself on what they are having to manage every day. Learn what threats there are out in the world like online exploitation. This is a growing issue around the world. In the United States, online exploitation is at its highest level ever. According to NCMEC (National Center for Mission and Exploited Children) there has been a 98% increase in online enticement in 2020. There were over 65 million online cyber tips of CSAM (Child Sexual Material) in 2020. There is an intentional assault on our youth and it’s up to us to learn about those threats and interrupt them. As my friend with HSI says, “Educated parents and kids make hard targets.”

Know the Facts

In April of 2019, there were 1 million cyber tips reported to NCMEC. In April of 2020, it was 4 million. Predators are where our children are online. I don’t share this to scare you, I want you to fully understand the uncomfortable reality of what’s happening in the world. Our children are at risk and we are the ones who have to protect them.

Children from all walks of life are intentionally targeted and recruited. Trafficking knows no socio, eco, and demographic boundaries. For those who think their children are immune or it won’t happen to them, think again. An 11-year-old girl in Apopka, Florida was groomed and recruited on Instagram in eight days. She willingly got in a car with a 26-year-old man. She came from a great home … the difference is this man knew how to speak to her in a way that built a bond she thought was real.

Learn the Signs

Online predators are expert manipulators. They know how to hone in on a child’s insecurity, starting with what’s in their profiles, their posts, pictures, friends. A child can be easily groomed using everything they share online. A recruiter starts off innocently with comments like “hi”, “Nice pic”, “I love that band too,” working their way into our children’s lives, bonding with them over things that are important to them — they listen, show empathy and shower them with compliments. They know what kids are missing; friends, fun, sports, engagement. This makes them easy prey, enticing them to do things they would normally not do including leaving their house, getting in a car with a complete stranger. Here are some things to look for: they become overly secretive with their phone, close their laptop quickly when you approach, seem more distracted than normal, overly edgy, grades drop, they lose interest in former passions, talk about ‘new friends’. Most of this looks like normal teenage behavior, that’s ok. However, the most important tool to keep your children safe is communication.

Communicate

This is the number one tip. Being a teen has its challenges. Trying to fit in, finding a passion or purpose can be exhausting. Spend time with your kids. They want you, not another pair of new tennis shoes. Nothing can make up the time you have with your kids. They’ll be gone soon enough. Learn what they love, their passions, who their friends are and where they spend their time. If they are a gamer, learn about Xbox and join in. Got a music lover in the family? Play that music in the house, dance in the kitchen, attend concerts together. Best way to connect is to ask open ended questions, then be quiet and listen. Ask another question and listen more. Bottom line: talk to each other and build a close relationship. By following this tip, you can avoid a break in trust and create open communication and, prayerfully, keep them from making a life altering mistake.

The Role of Social Media

Infringement on privacy is a heated issue. I am not saying be a helicopter parent, as that can erode trust. What I am suggesting is to be responsible for your child’s safety. Follow them on social media, get updates on their posts and know who they are friends with online. Most important tip: know their passwords. It’s about keeping them safe vs ‘spying’ on them. There are many tools out there to help you do this in a non-intrusive way. Talk with your kids about why you’re doing to use Bark.us or Cyberdrive. Limit their time and discuss online responsibility. All a child needs to do is complain online and predators will jump in with an empathic ear. They befriend them and begin to build a wedge between your child and you. Social media is not going away; find ways how to use it, be aware of all the apps they use, including the ones that hide other apps like Calculator+.

Awareness

We spend hours on our phones, laptops and other devices. The past year screen time took a huge jump. Learning online has taken a toll on our kids. We were just at a school last week and we asked them, what was it like being home and doing online learning. In a word, it “stunk!”  This took isolation to a whole new level and our kids missed being with one another. Teach your children what to look for both online and in person. The tip is: heads up, eyes open. You might see a young girl or boy improperly dressed for the weather with a visibly older person, with sorrow and fear in her eyes. A new friend may get too friendly, too early. Teach them to trust their instincts. If it doesn’t look right or feel right, make the call.

Take an action

Now you know a few things you can do to keep our kids safe. Children continue to go missing at an alarming rate. So, you may ask, what can you do about that? I’m going to ask you to do three things. First, share this information with your friends and family. Second, have a conversation with your kids, nieces, nephews and siblings. Talk with them about online enticement, look up information and learn more about it together. Lastly, if you see something, DO something! Please put these numbers in your phone:

National Center for Missing and Exploited Children 800-843-5678
National Trafficking Hotline 888-373-7888

Or report a cyber tip online to: https://report.cybertip.org/

You can make these calls 24/7 and all calls are anonymous.

If there is immediate danger, please call 911 – local law enforcement is trained to work with families and these organizations to bring our children home safe.

Talk to your kids today, their future is in your hands.

For more information go to: www.pavingthewayfoundation.org

Fact Sources:

https://www.tampabay.com/news/breaking-news/2020/09/29/man-faces-kidnapping-charge-after-luring-away-apopka-girl-11-deputies-say/

https://humantraffickinghotline.org/en/statistics

https://www.missingkids.org/home

Author Bio: Jan Edwards is the CEO of Paving the Way Foundation, an organization in Florida committed to disrupting the cycle of child trafficking around the world through awareness, education and empowerment. They have educated over 14,000 youth and parents on child exploitation and ways to prevent it. Jan is the writer/producer of the award-winning film, Trapped in the Trade. She spent over 25 years as an executive in sales and marketing working with organizations like Time Warner, Bright House, the United Nations and other international groups, before taking on the worldwide initiative to prevent children from being exploited.

Indian Relay — Keeping Indigenous American Culture Alive

By a Biometrica staffer

This Memorial Day weekend, Indigenous Americans from all over the U.S. headed to Pawhuska, Oklahoma, to be part of an important tradition: The Indian Relay, a horse racing competition. To say horses are a critical part of the Indigenous American narrative is an understatement. They are an iconic symbol of the culture of various tribes, but particularly for those of the Plains.

To Indigenous Americans, horses hold a place of pride, ceremony and healing, and are a reminder of their oneness with the landscape. The history of equines in Indigenous American culture is fascinating. But that’s a story for another day. Today, we highlight a sporting event that, really, goes much beyond being just an event. It is more an annual ritual that celebrates horsemanship, and that highlights Indigenous Americans’ long history with equines.

In 2014, National Geographic, in its The People of the Horse special, called the Indian Relay a “magnificently wild enterprise” that was touted as “the most exciting five minutes in Indian Country.” Indian Relay is a competitive team sport. It is considered one of the most extreme sports in North America. It is also viewed as critical to preserving Indigenous American culture and traditions in the U.S.

But, what is Indian Relay? What are the rules? Here’s a very quick introduction to this sport.

From History To Present

The Indian Relay dates back to a time when the Plains tribes used to steal horses when they were at war with each other, Shawn Real Bird, the Indian events coordinator for the Sheridan Wyoming Rodeo said, according to a Wyoming Public Media post from 2019. “When the horse that they rode got played out, they would jump on another horse, and they would do that all the way back home. That’s where the Indian relay started,” the post adds. Tribes have been competing in the Indian Relay for well over 100 years, but the roots of the sport go back even further. The Sheridan Wyoming Rodeo dates back to 1931, and although the Indian Relay was added to its list of events only in the second half of the 1990s, it’s become the Rodeo’s most famous event.

The All Nations Indian Relay Championships are the culmination of 16 grueling competitions, typically held from June through September each year across Washington, Oregon, Idaho, Montana, South Dakota and Minnesota. Tribal nations throughout these states put up relay teams and risk it all for the pride of tradition and the glory of the win. “To one tribe, the relay’s games simulated war trials; to another, a buffalo hunt; a third views it as a way to outrun the wild horses, enabling their capture. Whatever the origins of the relay, the importance of it and the horse to the Plains tribes cannot be understated,” a post on Native America Travel says.

This year, the international championships of Indian Relay Horse Racing were brought to Oklahoma by Linwood Hisbadhorse Sr., who thinks many of the Indigenous American tribes in the southern United States have lost their horse culture, according to an Oklahoman article. Hisbadhorse is director of the Indian Relays championship, which began Thursday at the Osage County Fairgrounds in Pawhuska and ran through Memorial Day.

This year’s event in Pawhuska has a $140,000 purse, the biggest in history for Indian Relays, the article added. The event was expected to draw about 30 Indian Relay teams, primarily from states such as Montana, Washington, Wyoming, North Dakota, South Dakota and Idaho. In the northern states, Indian Relays are held every weekend, even if they are not publicly advertised a lot of the time, Hisbadhorse said according to the article. 

The Rules Of Indian Relay

Typically, Indian Relay is a three-horse sport, although there have been instances that involved four horses in a team. “Races begin with up to eight athletes riding bareback around a track at full speed. Once around, the riders barely slow as they leap from their horses to a second horse to continue the race. The teams’ handlers are tasked with catching their first powerful animal under the risk of disqualification. After a third chaotic changeover, the riders race toward the finish line, topping speeds of 40 miles per hour,” the Native America Travel post says.

The main participants in a team are:

  • The horses, of course
  • Riders
  • Holders, who basically hold on to the second and third — and fourth, in some cases — horses and wait at a designated spot for the exchange. The Holder’s job is to steady the horse and support the Rider in making that all-critical leap correctly.
  • Muggers, whose job is to grab the horse as it is coming in for the exchange — probably at speeds of 20-25 mph. The Mugger basically jumps in front of the horse to do so, and his job is equally important because if the horse gets loose, it would result in an automatic disqualification for the team.

“An adroit relay rider can pull one horse up short, slide off, take a few running strides, swing up onto the next horse, grab the reins, and gallop away. A team that makes two such transfers smoothly might win the relay by ten lengths, no matter who has the fastest horses. But that’s the ideal race,” the National Geographic special says. To make the game even more of a challenge, if any of the Rider’s other teammates touch him, the team is automatically disqualified, according to the rules.

The race, as you can imagine, has a lot of moving parts and that means it can end up being chaotic. Regardless, it is described as “sublime” by some. “The wrecks and the excitement all happen when you’re switching horses because another horse from another team could run into you. You could run into another team, and you could fall off your horse. And they don’t have [a] saddle, and they’re riding bareback, and they’re riding full speed,” Real Bird explains in the Wyoming Public Media post.

The National Geographic piece describes a racer saying that the trick to the Indian Relay is to ride right up close to the next horse, bounce off, take two strides, hop onto the next horse from behind and be off. “Like in the movies. It was fast,” the piece adds.

“You embrace skills and a passion that have come down from your ancestors; you learn the skills from your elders and make the passion your own; you become proficient, then expert, then generous with your expertise; you care for your animals smartly and lovingly; you pass the favor along to younger kin. You make your family proud and whole. That’s the ultimate Indian relay,” the National Geographic piece concludes.  

Video Source: Emerald Downs’ YouTube channel