Myth: The Ho-Chunk Nation has reneged on its compact with the state of Wisconsin.
Fact: The current compact impasse is the result of a lawsuit filed against Governor Jim Doyle by Assembly Speaker John Gard and former Senate Majority Leader Mary Panzer. Prior to the filing of that lawsuit, the Ho-Chunk Nation and the state of Wisconsin had negotiated and signed a compact amendment that mutually benefited both the people of Wisconsin and the Ho-Chunk. However, the result of the Gard-Panzer lawsuit invalidated key provisions of the Ho-Chunk compact and created the current impasse.
Myth: The Ho-Chunk Nation owes the state of Wisconsin $60 million in past-due compact payments.
Fact: The 2003 compact amendment agreed to and signed by the state of Wisconsin plainly stated that if a court of competent jurisdiction invalidated the "term" provision of the Ho-Chunk compact, the Ho-Chunk Nation would not be required to make compact payments to the state until a new compact amendment could be renegotiated. The compact decision by the Wisconsin Supreme Court in the spring of 2004 triggered this provision.
Myth: The Ho-Chunk Nation continues to benefit from the expanded gaming provisions of the 2003 compact amendment even though it is not making increased compact payments to the state.
Fact: When the Wisconsin Supreme Court issued its wide-ranging compact decision in the spring of 2004, it invalidated key provisions of the Ho-Chunk compact, including the length of the compact, the expansion of table games, and other key provisions for which the Nation had agreed to dramatically increase our annual payments to the state...up to $30 million in the first year of the compact alone. Not only has the decision prevented the Ho-Chunk from taking advantage of the new provisions, it has also created a financial burden for the Ho-Chunk. Because the court decision invalidated compact provisions after they had already been implemented, the Ho-Chunk lost significant investments in new equipment, training, and marketing which had already been made.
Myth: The Ho-Chunk Nation has stalled renegotiation of a new compact amendment with the state in order to avoid payment.
Fact: The Ho-Chunk Nation has been diligently negotiating with the state on a new compact amendment. In addition, in order to guarantee that the issue is resolved fairly and expeditiously, the Nation has filed for arbitration on the issue. Even throughout the arbitration process, the Nation has continued to conduct good-faith negotiations with the state delegation, practically guaranteeing that the issue will be resolved in the next several months.
Myth: The Ho-Chunk Nation does not have the funds available to make increased compact payments to the state.
Fact: The Ho-Chunk Nation has the financial capacity to meet all of its obligations to the state of Wisconsin. Even though the payment for the first year of the 2003 compact amendment would have more than tripled the Nation's annual payment to the state, the Nation was prepared to make that payment and has, in fact, left that money in place so that a prompt payment can be made to the state once a new compact amendment is signed.
Myth: The Ho-Chunk Nation is to blame for budget shortfalls in the state of Wisconsin's 2005-2007 state budget.
Fact: During the state of Wisconsin's most recent budget writing cycle, state officials were well aware of the Gard-Panzer lawsuit decision, the provisions of the previous compact amendment, and the status of negotiations. If they made budgeting decisions that did not take any of these factors into account, that is the responsibility of state officials, not the Ho-Chunk Nation.