ACROSS Our PRESS DESK......

Sam Cahan, PE                          

Letter to The Editor

July 31, 2004

Dear Editor:

It is always commendable when an organization invests money to enhance and improve disused, rundown city areas.  An example is the proposed National City bay front Gateway Hotel and Conference center to be funded by the Sycuan Indian tribe.  (Union-Tribune, 7/29, B13).

One unclear issue concerns me:  Within reservations Indian nations are sovereign and independent entities that create, administer and enforce their own codes and standards. What are the legal implications of this sovereignty regarding off-reservation properties acquired by a Tribe, such as in National City?

In the private/public sector should gross negligence occur in a place of public assembly (e.g., night club, place of entertainment, or conference site) that causes serious injuries or death, the local district attorneys and other enforcement agencies will investigate and cite specific managers, owners and others who may have been responsible for failing to comply with appropriate fire safety or related codes.

If such “worst case” scenario should occur within off-reservation properties controlled by a Tribe, what legal consequences apply?  Which members of a Tribe become specifically responsible for such event?   

Fires and disasters do happen in places of assembly.  Shouldn’t the question of jurisdiction and civil/criminal responsibility be addressed at an early stage?

Sincerely,  

Samuel Cahan