April 19, 2011
The Shinnecock Nation of New York could pay $120 million for 40 acres in Long Island as part of a casino deal, WPIX-TV reports.
The tribe is negotiating to buy land owned by Nassau County. The site is located by the Nassau Veterans Memorial Coliseum.
Revenue-sharing could bring another $30 million to $40 million to the county every year.
Get the Story:
Long Island's Nassau County A Step Closer To Finalizing Deal For New Casino
(WPIX-TV 4/19)
Related Stories:
Shinnecock Nation close to deal for
casino on Long Island (4/18)
April 18, 2011
The Shinnecock Nation of New York is close to a deal for a casino on Long Island, The New York Post reports.
The paper said the tribe is working on a memorandum of understanding with Nassau County. The deal would allow the tribe to use the Nassau Veterans Memorial
Coliseum for a casino.
The tribe gained federal recognition last October. A land-into-trust application could face questions under the U.S. Supreme Court
decision in Carcieri
v. Salazar.
Get the Story:
Indian, Nassau bigs have a bettor idea
(The New York Post 4/18)
Five members of the Meskwaki Tribe of Iowa say they are owed $788,000 in per capita payments.
The tribe suspended payments to Don Wanatee, Leo Dean Peters, Delores Troxell, Lyle Walker and Edland Walker in 2004 amid a leadership dispute that led to the temporary closure of the Meskwaki Bingo Casino Hotel.
The payments were restored in 2010 but the group says they are still owed back payments.
The five filed a lawsuit in federal court against the tribe.
Get the Story:
5 Meskwakis file suit over gambling payments
(The Waterloo-Cedar Falls Courier 4/17)
Oklahoma tribes shared $118 million in gaming revenues with the state last year, The Tulsa World reports.
The payment was 12.5 percent higher than the $105.5 million that the tribes shared in 2009. And it's significantly higher than the $14.2 million in 2006.
"It's important to realize that tribes are over-delivering on our deal with the state," Cherokee Nation Chief Chad Smith told The Tulsa World.
Voters approved Class III gaming in 2004. Thirty-three tribes have entered into compacts with the state.
Get the Story:
Fees paid by gaming tribes continue dramatic climb
(The Tulsa World 4/18)
"What happens now in Temecula's battle with the Pechanga Indians over the tribe's refusal to abide by the spirit of a contract it signed with the city?
Of course, it should be noted that the city is in a fix that is somewhat of its own making. After all, it entered into a three-way contract with the tribe and Riverside County without having any control over the part of the deal between the county and the tribe. That was bad lawyering by the city.
That doesn't excuse the fact, though, that the Pechanga agreed to pay the city about $2 million per year to help counter the impact of thousands of slot machines on its neighbor, then sought refuge in a loophole to keep from paying it.
Some background: In 2008, voters said tribes operating casinos in California could exceed the statutory limit of 2,000 slot machines if they reached agreements with neighboring cities and counties to offset the effects of the larger casinos on those communities. Larger casinos mean more traffic and more law enforcement headaches.
The loophole in the Pechanga-Temecula deal is that the contract, ostensibly to have taken effect last summer, doesn't really go into effect until all three parties have reached an agreement ---- and the county and the Pechanga are hundreds of thousands of dollars apart in their negotiations.
What's more, because they already have the machines in place, the Pechanga have absolutely no motivation to reach an agreement with the county."
Get the Story:
EDITORIAL: A moral obligation to fulfill
(The Californian 4/17)
Related Stories: Judge dismisses lawsuit on Pechanga Band
casino agreement (4/12) California doesn't
want to be a party in Pechanga gaming case (3/17) Judge sets hearing in case for Pechanga
Band gaming agreement (3/14) City
continues litigation over Pechanga Band gaming agreement (1/18) Pechanga Band labels lawsuit over gaming
deal a 'political ploy' (10/21) Pechanga Band won't allow process server on
the reservation (10/18) City
files lawsuit against Pechanga Band for casino agreement (10/6) City votes to sue Pechanga Band of gaming
impact agreement (8/11) Pechanga
Chair: Tribe honors commitments with gaming deals (8/10) Pechanga Band negotiates agreement to
address casino impacts (8/5)
"When the Jemez Pueblo of northern New Mexico announced plans in 2004 to build an off-reservation casino near Anthony, N.M., we were concerned that approval could open the floodgates for tribes and pueblos throughout New Mexico to open new casinos anywhere in the state.
Seven years of legal wrangling later, those concerns have pretty much been put to rest. The roadblocks thrown up to thwart the project would give any tribe pause in starting down the same path.
That doesn't mean, however, that all of our concerns have been put to rest. We have no doubt that a new casino in Anthony would cut into the business of the Sunland Park Racetrack and Casino, just as the Inn of the Mountain Gods casino in Mescalero has done to nearby Ruidoso Downs. Indian casinos have distinct, perhaps unfair, advantages over the so-called "racinos" at hose racing tracks. They pay lower tax rates and are able to offer table games, as opposed to only slots.
We are proud of the improvements made recently at Sunland Park, which two years ago launched Mine That Bird to stardom, and would hate to see the track and casino lose business. And, we are mindful of the generous offer racetrack owner Stan Fulton has made to New Mexico State University that could be lost if a new casino is opened. Early in the process, Fulton had threatened to withhold millions from his will if a casino were built with 50 miles of the track."
Get the Story:
Our View: Anthony casino probably deserves a second look
(The Las Cruces Sun-News 4/17)
Federal Register Notice: Draft
Environmental Impact Statement for the Proposed Pueblo of Jemez 70.277-Acre
Fee-to-Trust Transfer and Casino Project, Don˜ a Ana County, NM (April 8,
2011)
Related Stories: Jemez Pueblo seeks meeting with governor
on casino plan (4/14) BIA releases
report for Jemez Pueblo off-reservation casino (4/13) Jemez Pueblo expects BIA report for
off-reservation casino (4/11) New Mexico governor open to Jemez Pueblo
off-reservation casino (2/3) Jemez Pueblo hopeful for second review of
off-reservation casino (11/8)
"It might sound optimistic to the edge of delusional, but the longtime leader of the Bay Mills Indian Community says he expects the tribe will open a casino in Port Huron within the next 15 months.
"Late spring or early summer of 2012," Jeff Parker replied when I asked if he could predict an opening date. "It's a lot of stuff to get done in a year."
Indeed it is. For starters, Bay Mills must win a legal challenge it appears to be losing. It also must strike a deal with Gov. Rick Snyder, whose position on a Port Huron casino is unknown.
And who knows what new bedevilments to expect from the tribe's relentless opponents, led by a phalanx of well-paid lobbyists and lawyers marching to the orders of MGM Grand, the Chippewa of Mount Pleasant and the Ottawa of Petoskey?"
Get the Story:
Mike Connell: Parker says casino will open next year
(The Port Huron Times Herald 4/17)
District Court Decision: Michigan
v. Bay Mills Indian Community (March 29, 2011)
Related Stories: Judge won't issue stay for Bay Mills
off-reservation casino (4/15) Column: Bay
Mills Indian Community ready to battle for casino (4/4) Column: Down but not out for a Bay Mills
off-reservation casino (4/1) Bay
Mills Indian Community to appeal decision against casino (3/31) Editorial: Don't give up on Bay Mills
off-reservation casino bid (3/31) Bay Mills Indian Community closes its
off-reservation casino (3/30) Judge orders Bay Mills to stop running
off-reservation casino (3/29)
April 15, 2011
The Delaware Tribe of Oklahoma is reportedly interested in opening a casino in New Jersey.
Mahwah President John Roth said the tribe contacted developers in the town.
“I was told that the tribe would have applied to have the land declared a reservation, and in an effort to make money for the tribe, had the eventual goal of opening a casino on the Crossroads property," he said at a council meeting, The Mathwah Patch reported.
The tribe's ancestors lived in New Jersey and in the East before being forced to leave.
Get the Story:
Roth: Crossroads Could Have Been Casino
(The Mahwah Patch 4/15)
"About 24 years ago, Congress passed the Indian Gaming Regulatory Act in response to our victory in the Cabazon case before the U.S. Supreme Court. We suddenly had a vehicle by which to perhaps find peace and security for our people. The IGRA is in effect another treaty with the U.S. government, one that the U.S. government and the states did not particularly want but one that was necessary if they were somehow to control and profit from the results of the Cabazon victory.
In the IGRA, Tribes agreed to compromise their sovereignty by requiring agreements (“compacts”) with the states for Class III gaming—states that have no obligation to act in good faith. The very states that historically have coveted Tribal land and resources and have not afforded the Tribes even basic justice. States that now believe they are entitled to a limitless share of our resources.
Tribal governmental gaming has brought prosperity and self-sufficiency to many Tribes. The tremendous and rapid success of gaming has also engendered resentment and jealousy. The states are again hovering, using any rationale to extort money from us and to chip away at our sovereignty. By denying us our land and approving historically unfair compacts the U.S. government is in partnership with the states, not acting as the trustee of our interests.
There is a growing theory that by signing a “negotiated” compact we have also waived our sovereignty and must submit to state rules, laws and oversight. This is not only wrong, it actually is another broken promise—and it is dangerous."
Get the Story:
Joe Valandra:
Protecting Sovereignty
(Indian Country Today 4/15)
A Georgia lawmaker has withdrawn a bill that would have required legislative approval of Class III gaming compacts.
Sen. William Ligon (R) said he is concerned about tribes trying to buy land in the state.
His bill would have required a two-thirds vote of the House and the Senate to ratify future compacts.
The Kialegee
Tribal Town of Oklahoma has reportedly filed a land-into-trust application
in Georgia.
Get the Story:
Bill to ban land sales for Inidian casinos held over
(The Florida Times-Union 4/15)
Related Stories: Bill requires Georgia lawmakers to
approve casino compacts (4/13) Kialegee Tribal Town files
land-into-trust application in Georgia (4/8) Lawmaker in Georgia claims tribes buying
land to open casinos (2/18)
"A beneficial aspect of the unique historical relationship between Native American tribes and Congress is that it treats the tribes as sovereign nations, which is to say, with dignity.
The Tohono O'odham Nation's pursuit of new tribal trust land near Glendale poses a lot of problems, in our view. But none more serious than the damage it does to the public appreciation for the unique status of American tribes.
Effectively, Tohono O'odham leaders are using that relationship to play the role of land developers, cleverly exploiting a legal loophole that no one else pondered. And, in case they hadn't noticed, clever land developers are not always beloved figures.
U.S. Sens. Jon Kyl, R-Ariz., and Dianne Feinstein, D-Calif., are sponsoring legislation that would raise the bar for tribes wishing to build gambling casinos on newly acquired tribal property."
Get the Story:
Editorial: Tribes' ability to spawn casinos needs reining in
(The Arizona Republic 4/15)
District Court Decision: Gila
River Indian Community v. DOI (March 3, 2011)
Related Stories: Bill could affect Tohono O'odham Nation
off-reservation plan (4/13) Sen.
Feinstein introduces measure to bar new tribal casinos (4/11) Tea Party supports Tohono O'odham
off-reservation casino (4/11) DOJ
opposes delay for Tohono O'odham off-reservation casino (4/6) BIA to declare reservation for Tohono
O'odham Nation by May 16 (4/5) City appeals decision favoring Tohono
O'odham Nation casino (3/24) Blog: City spends $1.3M to fight Tohono
O'odham Nation casino (3/16) Some residents urge city to drop Tohono
O'odham casino appeal (3/15) Tohono O'odham Nation awaits decision on
off-reservation casino (3/14) Editorial: Ruling on off-reservation casino
ignores consequences (3/7) Judge
rejects lawsuit on Tohono O'odham off-reservation casino (3/4)
The Bay Mills Indian
Community of Michigan won't be able to reopen its off-reservation casino as it pursues an appeal in the case.
The tribe asked Judge Paul L. Mahoney for a stay but he denied the request on Thursday. Mahoney has ruled that the casino is operating in violation of the Indian Gaming Regulatory Act.
The tribe is asking the 6th Circuit Court of
Appeals to overturn the decision. In the meantime, the casino in Vanderbilt will stay closed.
Turtle Talk has posted recent documents from the case, Michigan v. Bay Mills Indian Community.
Get the Story:
Judge rejects appeal to reopen Vanderbilt casino
(The Petoskey News-Review 4/15)
District Court Decision: Michigan
v. Bay Mills Indian Community (March 29, 2011)
Related Stories: Column: Bay Mills Indian Community ready
to battle for casino (4/4) Column: Down
but not out for a Bay Mills off-reservation casino (4/1) Bay Mills Indian Community to appeal
decision against casino (3/31) Editorial: Don't give up on Bay Mills
off-reservation casino bid (3/31) Bay Mills Indian Community closes its
off-reservation casino (3/30) Judge orders Bay Mills to stop running
off-reservation casino (3/29)
April 14, 2011
The Seneca Nation in New York held its fifth annual job fair at Seneca Niagara Casino and Hotel on Wednesday.
The tribe is looking to fill 100 jobs at the casino and at other gaming facilities.
"We’ve got a lot of positions to fill," Chuck Kilroy, the general manager of the Niagara Falls and Buffalo Creek casinos, told The Tonawanda News.
The tribe employs more than 2,000 people within its gaming enterprise.
Get the Story:
Taking a gamble on employment
(The Tonawanda News 4/14)
Navajo Nation Council Delegate Joshua Lavar Butler is serving as secretary to the Arizona Indian Gaming Association.
Butler will represent the Navajo Nation within the organization. The tribe just broke ground on its first gaming facility in Arizona.
"The Navajo Nation is a newcomer to Indian gaming, but we have made great strides in such a short time and strong advocacy is greatly needed in order to protect our interest," Butler said, The Navajo Hopi-Observer reported.
AIGA represents 19 tribes.
Get the Story:
Butler appointed to Arizona Indian Gaming Association
(The Navajo Hopi-Observer 4/13)
"Although the steep downturn in the U.S. gaming industry that began in 2008 appears to be easing for the time being, many mid-market gaming companies are still encountering difficulties servicing their debt as consumer spending slowly creeps back. In 2009, the Restructuring Review ran a two-part series on the strategies available to gaming companies seeking to restructure their debts, and the challenges facing creditors who must choose between writing down their investments or attempting to foreclose on their collateral. This article examines additional and unique challenges facing creditors attempting to restructure debt issued by tribal gaming entities.
Creditors negotiating with their borrowers often use several leverage points to influence a borrower who is either in, or is facing, a default. Creditors can use the threat of foreclosure to influence negotiations if they are secured by the borrower's collateral. Creditors can also use the threat of an involuntary bankruptcy petition filed against the borrower in order to strengthen their negotiating position. These creditor/borrower negotiations typically lead to a "sharing of the pain," whereby creditors often agree to de-lever the company by writing down a piece of their debt and in exchange take equity in the reorganized company with the hope that the borrower will better be able to service its healthy balance sheet.
These creditor leverage points, however, are often not available in the context of tribal-owned gaming entities, limiting the options for borrowers and lenders/creditors. Creditors cannot threaten an involuntary bankruptcy with respect to sovereign tribal entities. The ability of a creditor to take an equity stake in a tribal entity or to foreclose on all or some of a tribal entities' property may be severely constrained by federal law. This article discusses these constraints. Additionally, we examine the regulatory schemes governing tribal entities and the leverage points that remain for lenders to tribal entities, such as the potential for reducing access to credit if the entities do not work closely with lenders to consensually restructure debt."
Get the Story:
Scott J. Greenberg and Jeffrey H. Taub:
When tribal gaming goes sour... rights & remedies in an unclear legal environment
(Lexology 4/11) Username: indianz@indianz.com. Password: indianzcom
The Cherokee Nation of Oklahoma has started repairs at the Hard Rock Hotel & Casino Tulsa, where a roof collapsed in a winter storm in February.
The roof collapsed over a 40,000 square-foot, stand-alone structure at the facility. The building has been removed and the tribe is finalizing construction plans.
No one was injured during the collapse, which occurred after a record snowfall in the area.
Get the Story:
Construction to begin on snow-damaged Hard Rock area
(The Cherokee Phoenix 4/14)
Related Stories:
Cherokee Nation closes part of casino
after roof collapses in storm (2/2)
April 13, 2011
Sen. Jon Kyl (R-Arizona), who
is retiring from Congress, is co-sponsoring a bill that could affect Tohono O'odham Nation
off-reservation casino.
S.771,
the Tribal Gaming Eligibility Act, places restrictions on new casinos.
The bill eliminates the land claim exception in the Indian
Gaming Regulatory Act, which the Tohono O'odham Nation has been citing as the basis for its proposed West Valley Resort.
Without the land claim exception, the Tohono O'odham Nation would have to demonstrate a "substantial modern connection" to the land if the bill becomes law
Among other factors, the gaming site has to be within a 25-mile radius of "tribal headquarters or other tribal governmental facilities" on the reservation.
According to The Arizona Republic, the closest part of the reservation is 50 miles away.
So the tribe apparently won't be able to meet the requirements of the bill.
But if the Bureau of Indian Affairs finalizes the tribe's land-into-trust application before the bill becomes law, the casino might not be affected. Government attorneys have told a federal judge they want to take action by May 16.
"The Indian Gaming Regulatory Act was originally intended to promote tribal
economic development and self-sufficiency -- not to enable tribes to become
gambling enterprises that constantly expand to new casino locations," Kyl said in a press release last week.
Get the Story:
Bill on 'reservation shopping' may affect casino near Glendale
(The Arizona Republic 4/12)
District Court Decision: Gila
River Indian Community v. DOI (March 3, 2011)
Related Stories:
Sen. Feinstein introduces measure to bar
new tribal casinos (4/11)
Tea Party supports Tohono O'odham
off-reservation casino (4/11)
DOJ opposes
delay for Tohono O'odham off-reservation casino (4/6) BIA to declare reservation for Tohono
O'odham Nation by May 16 (4/5) City appeals decision favoring Tohono
O'odham Nation casino (3/24) Blog: City spends $1.3M to fight Tohono
O'odham Nation casino (3/16) Some residents urge city to drop Tohono
O'odham casino appeal (3/15) Tohono O'odham Nation awaits decision on
off-reservation casino (3/14) Editorial: Ruling on off-reservation casino
ignores consequences (3/7) Judge
rejects lawsuit on Tohono O'odham off-reservation casino (3/4)
The Bureau of Indian
Affairs has released a draft environmental impact statement for the off-reservation casino sought by
Jemez Pueblo in New
Mexico.
The BIA will be holding a public meeting to discuss the draft EIS on Saturday, April 30, in Anthony. Written comments are being accepted until May 23.
The tribe wants to use a 70-acre site in southern New Mexico for a 24,000 square foot temporary casino. Plans call a permanent 103,500 square-foot facility.
The tribe is proceeding under the two-part determination section of the Indian
Gaming Regulatory Act. The casino will require approval by the state
governor.
Get the Story:
Casino plans getting closer?
(The Las Cruces Sun-News 4/13)
Federal Register Notice:
Draft Environmental Impact Statement
for the Proposed Pueblo of Jemez
70.277-Acre Fee-to-Trust Transfer and
Casino Project, Don˜ a Ana County, NM (April 8, 2011)
Related Stories: Jemez Pueblo expects BIA report for
off-reservation casino (4/11) New Mexico governor
open to Jemez Pueblo off-reservation casino (2/3) Jemez Pueblo hopeful for second review of
off-reservation casino (11/8)
A bill making its way through the Georgia General Assembly would allow lawmakers to reject Class III gaming compacts negotiated by the state governor.
The bill requires a two-thirds vote of the House and the Senate to ratify a compact.
Sen. William Ligon (R) said it gives the state more control over gaming in the event a tribe obtains land in Georgia.
"If they were to win that argument, the state would be forced under federal law to enter into negotiations with the tribe," Ligon told Morris News Service.
The bill passed the Senate yesterday.
The Kialegee
Tribal Town of Oklahoma has reportedly filed a land-into-trust application in Georgia.
Get the Story:
Senate passes Indian-casino veto
(Morris News Service 4/13)
Legislation would control Indian reservations (The Atlanta Journal-Constitution 4/13)
Related Stories:
Kialegee Tribal Town files land-into-trust
application in Georgia (4/8) Lawmaker in Georgia claims tribes buying
land to open casinos (2/18)
The Pokagon Band of
Potawatomi Indians in Michigan will be opening its second gaming facility earlier than expected.
Just last month, the tribe said the casino would open in October. But now that's been pushed up to August 1.
"It is a good day to be a Pokagon," Chairman Matt Wesaw said at a press conference, WSBT-TV reported.
The 52,000-square-foot casino will feature 500 slot machines, nine table games, and a bar and restaurant. It will employ about 300 people.
The facility is about one-sixth the size of Four Winds Casino, which opened in August 2007.
Get the Story:
Four Winds betting on a winner (The Niles Star 4/13)
Hartford, Michigan casino to open in August, employ 300 (MLive.Com 4/13)
Hartford casino to open earlier than expected, officials with Four Winds casino say (The Kalamazoo Gazette 4/13)
Four Winds casino in Hartford set to open 500-slot gaming facility in August (The Kalamazoo Gazette 4/12)
Inside look at the new Four Winds Hartford Casino
(WSBT-TV 4/12)
Related Stories:
Pokagon Band on
schedule to open second casino by October (3/21)
April 12, 2011
A federal judge has dismissed a lawsuit against the Pechanga Band of Luiseño
Indians in California.
The city of Temecula sued to enforce a gaming agreement with the tribe. But Judge Dale S. Fischer said the Class III compact doesn't authorize that type of lawsuit.
The tribe has agreed to pay the city about $2 million a year and agreed to contribute $10 million towards a highway project. The payments are on hold while the tribe finalizes an agreement with Riverside County, where Temecula is located.
The Class III compact requires the tribe to address impacts of its casino.
Get the Story:
Temecula lawsuit against Pechanga tribe tossed
(The Riverside Press-Enterprise 4/12)
Related Stories: California doesn't want to be a party in
Pechanga gaming case (3/17) Judge sets hearing
in case for Pechanga Band gaming agreement (3/14) City continues litigation over Pechanga
Band gaming agreement (1/18) Pechanga Band labels lawsuit over gaming
deal a 'political ploy' (10/21) Pechanga Band won't allow process server on
the reservation (10/18) City
files lawsuit against Pechanga Band for casino agreement (10/6) City votes to sue Pechanga Band of gaming
impact agreement (8/11) Pechanga
Chair: Tribe honors commitments with gaming deals (8/10) Pechanga Band negotiates agreement to
address casino impacts (8/5)
The family of a woman who was killed by a drunk casino patron is going after the Mohegan Tribe of Connecticut.
In a lawsuit filed in state court,
Elizabeth Durante's parents have named Chairman Bruce Bozsum, the Mohegan Tribal Gaming Authority and other gaming executives as defendants.
They say the tribe is partly responsible because driver Daniel Musser, who pleaded guilty to manslaughter and reckless endangerment charges, was drinking at Mohegan Sun before the 2009 incident.
The lawsuit asserts that the state's dram shop laws apply to the tribe.
It's a similar issue that tribe faced in another case that was settled for undisclosed terms earlier this year.
"The main issue is whether Indian tribes have any jurisdiction with respect to the dispensing of alcohol on Indian reservations," attorney Robert Reardon Jr. told The New London Day. "It's our position that if you look at U.S. history and the evolution of tribal sovereignty, they never were allowed sovereignty over the dispensing of alcohol.
Since the settlement, the tribe has enacted its own dram shop law that mirror's the state's. It requires claims to be made in tribal court.
Get the Story:
Mohegan Tribe's immunity from state's Dram Shop Act is still an issue
(The New London Day 4/12)
Related Stories:
Lawsuit over state liquor laws at Mohegan Tribe's casino settled (1/11)
April 11, 2011
"In Gary Pettus' article on the upcoming election by the Mississippi Band of Choctaw Indians, Kevin Edwards criticizes Miko Beasley Denson and the Tribal achievements at Pearl River Resort.
Facts are facts. Pearl River Resort has achieved record levels of revenue and income over the last few months. This is because of how successful Bok Homa Casino has been and the conversion of the Golden Moon casino to the Arena at the Golden Moon.
Pearl River Resort is out performing every other casino in the state. Because we are doing so well, Pearl River Resort is continually hiring while many properties are reducing their work forces."
Get the Story:
Bobby Tubby:
Choctaw Resort performing well
(The Jackson Clarion Ledger 4/11)
Related Stories: Candidate for Mississippi Choctaw chief
challenges incumbent (3/22)
Leaders of Jemez Pueblo in New Mexico believe the Bureau of Indian Affairs is about to issue a draft environmental impact statement for a proposed off-reservation casino.
The BIA will hold public meetings at the end of this month or in May, tribal leaders told The El Paso Times. But even the process is moving forward, it will take years to complete.
"There are still huge steps," Gov. Michael Toledo Jr. told the paper.
The tribe is proceeding under the two-part determination section of the Indian
Gaming Regulatory Act. The casino will require approval by the state governor.
Gov. Susana Martinez
(R) hasn't taken a position on the casino but a spokesperson said gaming might not be the best way to spur economic development. She is also worried about off-reservation gaming.
Get the Story:
Jemez Pueblo officials: Anthony casino plan may soon take step forward
(The El Paso Times 4/8)
Related Stories: New Mexico governor open to Jemez Pueblo
off-reservation casino (2/3) Jemez Pueblo hopeful
for second review of off-reservation casino (11/8)
Sen. Dianne Feinstein
(D-California) introduced S.771, the Tribal Gaming Eligibility Act, on Friday.
According to a press release, the bill will stop "reservation shopping." It amends Section 20 of the Indian
Gaming Regulatory Act by requiring tribes to demonstrate a "substantial modern connection" and a "substantial aboriginal or ancestral connection" to newly acquired lands.
"The fact is that some tribes have abused their unique right to operate casinos and have ignored the intent of Congress by taking land into trust miles away from their historical lands," Feinstein said in the press release. "This is done simply to produce the most profitable casino and the greatest number of potential gamblers, often with little regard to the local communities."
Sen. Jon Kyl (R-Arizona), who is retiring from Congress, is a co-sponsor. He's opposing an effort by the Tohono O'odham Nation to build a casino on newly acquired land.
"The Indian Gaming Regulatory Act was originally intended to promote tribal economic development and self-sufficiency -- not to enable tribes to become gambling enterprises that constantly expand to new casino locations," Kyl said.
The bill will essentially bar new casinos, tribal lobbyist told Indian Country Today.
Get the Story:
Feinstein’s New Anti-Gaming Bill: ‘It’s a Travesty’
(Indian Country Today 4/9)
April 8, 2011
Ernie Stevens Jr., a member of the Oneida Nation of Wisconsin, won re-election as chairman of the National Indian Gaming
Association.
Stevens will serve a sixth two-year term for the organization. He defeated Ivan Makil,
the former president of the Salt River Pima-Maricopa Indian
Community of Arizona, for the post.
The election was held during NIGA's annual tradeshow and convention on Phoenix, Arizona, this week.
Get the Story:
Ernie Stevens Jr. of Oneida Tribe re-elected to Indian Gaming Association
(The Green Bay Press-Gazette 4/8)
Standing on His Record: Stevens Wins Sixth Term as NIGA Chair (Indian Country Today 4/7)
"In a surprise move, the Richmond City Council voted 5-2 early Wednesday to stop the Point Molate casino project, which would have included a casino, hotel, convention center, ferry terminal parks and housing.
What's next: The Guidiville Band of Pomo Indians, a Mendocino County tribe that was behind the project, now has 120 days to present a no-casino alternative development for the shoreline site.
What you can do: The pressure to bring Vegas-scale casino gambling to urban areas is not going away - especially with some rural casinos struggling against the effects of the recession and competition from Nevada. Californians must remain vigilant against "reservation shopping" by tribes trying to stake claims on sites far from their historical lands in an effort to build and run casinos in more heavily populated areas - schemes that are inconsistent with the scope of what voters approved (Prop. 1A, 2000)."
Get the Story:
Editorial: Keep pressure on to prevent urban Indian casinos
(The San Francisco Chronicle 4/7)
Related Stories: City council puts an end to casino
proposal with Guidiville Band (4/6) City paves way for a
final decision on Guidiville Band casino plan (3/10) Guidiville Band closer to winning city
approval for gaming report (3/9) City council holds public hearing on
Guidiville Band casino plan (2/25) Guidiville Band won't drop casino bid
despite results of local vote (11/10)
April 6, 2011
"For much of my life, the Mille Lacs Band of Ojibwe was one of the poorest tribes in the country. There were few job opportunities in east central Minnesota for band members on the reservation, and those who ventured off the reservation were generally the last hired and first fired.
Poverty was all we knew.
The only things we had that anyone wanted were our handmade birchbark baskets and handpicked berries, which people bought as they drove to and from the lakes during the summer.
Generation after generation of my people lived like this -- in poverty, often dejected, even hopeless.
Finally we got the opportunity to start overcoming our impoverishment when Congress passed the Indian Gaming Regulatory Act and we signed gaming compacts with the state of Minnesota.
The goal of these compacts was to create jobs and boost the economy in greater Minnesota."
Get the Story:
Marge Anderson: New gambling will harm Ojibwe
(The Minneapolis Star Tribune 4/6)
Related Stories: Editorial: Joint tribal-state casino a
better idea for Minnesota (3/29) Opinion: There's
definitely room for more gaming in Minnesota (3/28) Column: Breaking the monopoly of tribal
gaming in Minnesota (3/25) Editorial: It's time to renegotiate casino
compacts in Minnesota (3/8) MPR:
Minnesota tribes oppose expansion of non-Indian gaming (2/24)
The city council in Richmond, California, voted 5-2 to end discussions of a casino project with the Guidiville Band of Pomo Indians.
The tribe and its developer have spent $17 million so far on the Point Molate Resort.
But the Bureau of Indian Affairs has yet to finalize the
environmental impact
statement and environmental impact report for the project.
"The Bureau of Indian Affairs has not given a timetable for the decision-making process," council member Jovanka Beckles said at a five-hour public hearing last night, The Contra Costa Times reported. "I don't think it's right nor is it fair to keep the residents of Richmond waiting for a decision indefinitely."
It's not clear whether the tribe will continue to pursue the casino without the city's support.
Get the Story:
Richmond axes Point Molate casino resort
(The Contra Costa Times 4/6)
Richmond City Council Rejects Casino Proposal (KTVU 4/6)
Related Stories: City paves way for a final decision on
Guidiville Band casino plan (3/10) Guidiville Band
closer to winning city approval for gaming report (3/9) City council holds public hearing on
Guidiville Band casino plan (2/25) Guidiville Band won't drop casino bid
despite results of local vote (11/10)
The Florida Senate Commerce and Tourism Committee passed a bill to authorize up to five casinos on Tuesday.
Just a couple of weeks ago, a similar bill was declared dead amid opposition from the Seminole Tribe and
non-Indian race tracks that operate slot machines.
But a new version by Sen. Oscar Braynon II (D) apparently addresses concerns raised by the tracks.
The Seminole Tribe's Class III compact includes revenue-sharing provisions that become null if the state expands non-Indian gaming.
But Braynon said the five-year compact will expire before the first casino is likely to open.
Get the Story:
Senate Panel Wants All-In on Gambling, Casino Resorts
(Sunshine News 4/6)
Bill Hopes To Make Fla. A Casino Destination (WESH-TV 4/5)
Related Stories: Bill to expand non-Indian gaming in
Florida considered dead (3/30) Editorial: Florida
deserves more benefits from casino industry (3/21) Lawmakers in Florida consider proposal to
legalize Internet poker (1/28) Las Vegas developers continue to make pitch
to expand in Florida (1/26) Editorial: Expansion of gaming might
stimulate economy in Florida (1/17) Las Vegas developers eager to bring their
operations into Florida (1/12) New Florida governor clarifies remarks
about gaming expansion (1/11) Florida lawmakers gearing up for more
discussions about gaming (1/7)
The Department of Justice says opponents of the Tohono O'odham Nation off-reservation casino are trying to win a lawsuit by default even after losing a ruling in the case.
In March, a federal judge said the Bureau of Indian Affairs can place 54 acres in trust for the tribe. The city of Glendale and the Gila River Indian Community are trying to delay the ruling in order to appeal.
But government attorneys say opponents are pushing for a delay to let a new state law to take effect. The law will allow Glendale to annex the 54-acre site without the Tohono O'odham Nation's consent.
If that happens, the judge's ruling becomes moot.
"Thus, the city would have effectively played one public interest against another all to the detriment of the Tohono O'odham Nation and the United States,'' Assistant United States Attorney Kristofor Swanson said in a court filing, Capitol Media Services reported.
Swanson said the BIA wants to place the land in trust and declare it a reservation by May 16.
Get the Story:
Feds seek to fast-track Indian casino near Glendale
(Capitol Media Services 4/6)
District Court Decision: Gila
River Indian Community v. DOI (March 3, 2011)
Related Stories: BIA to declare reservation for Tohono
O'odham Nation by May 16 (4/5) City appeals
decision favoring Tohono O'odham Nation casino (3/24) Blog: City spends $1.3M to fight Tohono
O'odham Nation casino (3/16) Some residents urge city to drop Tohono
O'odham casino appeal (3/15) Tohono O'odham Nation awaits decision on
off-reservation casino (3/14) Editorial: Ruling on off-reservation casino
ignores consequences (3/7) Judge
rejects lawsuit on Tohono O'odham off-reservation casino (3/4)
"California voters long ago unleashed the gambling genie, approving the lottery in 1984 and Indian casinos in 2000. But get ready for more. In time, all manner of wagering will become legal over the Internet.
No one wants to leave money on the table, not the tribes that own casinos, not the people who own card rooms and racetracks, and certainly not the state.
If you're a gambler, they'll figure out a way to get at your debit card. It may not be this year. But soon, your laptops, cell phones and iPads will become legal gambling devices.
Two bills are pending in the Legislature to legalize intrastate gambling. Congress is considering the issue again, as are several states."
Get the Story:
DAN MORAIN: Legal gambling online? It's a safe bet, soon
(The Sacramento Bee 4/6)
Related Stories: Opinion: Internet gambling will bring
big revenues to California (4/4) More tribes in
California back bill to legalize Internet poker games (3/14)
The St. Regis Mohawk Tribe of New York is asking members to consider a $75 million expansion project.
The tribe wants to move the Mohawk Bingo Palace to the site of the Akwesasne Mohawk Casino. The project would also include a seven-story hotel.
"The St. Regis Mohawk Tribal Council believes this expansion is necessary and is in the best interest of the Tribal membership," the tribe said in a public notice.
The tribe will hold a referendum on April 30.
Get the Story:
Mohawks consider gaming merger
(The Waterbury Press Republican 4/6)
April 5, 2011
The Seneca Nation of New York won't appeal a decision that bars the tribe from intervening in a lawsuit challenging its its off-reservation casino.
The 2nd Circuit Court of
Appeals affirmed a judge's ruling that said the tribe waited too long to file a motion to intervene. The tribe will continue to participate in the case as a friend of the court and its interests will be represented by the federal government.
The tribe opened the Seneca
Buffalo Creek Casino in downtown Buffalo in July 2007.
Opponents say the site doesn't qualify under the Indian
Gaming Regulatory Act.
The National Indian Gaming
Commission has said the casino is legal.
Get the Story:
No intervention for Senecas in casino suit
(Business First of Buffalo 4/5)
2nd Circuit Decision: Citizens
Against Casino Gambling in Erie County v. Hogen (March 28, 2011)
District Court Decision: Citizens Against Casino Gambling in
Erie County v. Hogen (March 30, 2010)
Relevant Documents: Solicitor's
Opinion: Applicability of 25 U.S.C. § 2719 to Restricted Fee Lands (January
18, 2009) | National
Indian Gaming Commission Approval of Seneca Nation Casino (January 20, 2009)
Related Stories: 2nd Circuit blocks Seneca Nation from
off-reservation lawsuit (3/29) Judge won't
let Seneca Nation intervene in gaming case (3/31)
Ted O’Dell of the Lansing Jobs Coalition is still gathering signatures to put an off-reservation casino on the ballot in Lansing, Michigan.
O’Dell hopes to gather more than 4,000 signatures. If he's successful, the issue will be on the August 2 primary ballot.
"My whole goal from the start was simply to put the whole idea before the voting public of Lansing and let them decide if they want a casino in their town,” O’Dell told The Lansing State News.
So far, no tribe has stepped forward to support O'Dell's proposal.
Get the Story:
Resident petitions for Lansing casino
(The Lansing State News 4/5)
Related Stories: Editorial: Let voters decide on Michigan
off-reservation casino (2/14) Michigan man
continues push for off-reservation casino in Lansing (2/8)
Seven people, including a former card dealer, have been charged for stealing from a First Nations casino in Saskatchewan.
Authorities said the group participated in a scam at the
Gold Eagle Casino.
They aren't providing details about the case, including the amount of money taken from the facility.
"It's a normal thing that happens in the casino world, but it's rare to see in Saskatchewan," Daniel Morin, the director of security and surveillance for the Saskatchewan Indian Gaming Authority, told The Saskatoon StarPhoenix.
The seven are each accused of stealing over $5,000 from the casino.
Get the Story:
Dealer, 6 patrons accused of cheating at North Battleford casino
(The Saskatoon StarPhoenix 4/5)
The Bureau of Indian Affairs plans to declare a reservation for the Tohono O'odham Nation by May 16, a move that will enable the tribe to open a casino near Glendale, Arizona.
A decision is needed because a new state law is going to effect that would allow the city to annex the tribe's property without the tribe's consent.
If annexation occurs, the BIA won't be able to place the land in trust.
The Obama administration initially planned to hold off on a decision until a lawsuit is resolved. But in a court filing, government attorneys say officials in Glendale refused to commit not to annex the land, The Arizona Republic reported.
The tribe owns about 135 acres near Glendale. The city has annexed all but 54 acres of the site.
The tribe plans to use the land for the West Valley
Resort. Gaming will only take place on the 54 acres that are the subject of a land-into-trust application.
The BIA approved the application in July 2010. The city of Glendale and the Gila River Indian Community filed suit to block approval.
In March, a federal judge ruled that the BIA acted within the law. The city and the Gila River Indian Community are asking the 9th Circuit Court of Appeals to hear the case but briefing won't be complete until August -- well after the new state law goes into effect.
Get the Story:
Feds move up plans to create reservation land near Glendale
(The Arizona Republic 4/5)
District Court Decision: Gila
River Indian Community v. DOI (March 3, 2011)
Related Stories: City appeals decision favoring Tohono
O'odham Nation casino (3/24) Blog: City
spends $1.3M to fight Tohono O'odham Nation casino (3/16) Some residents urge city to drop Tohono
O'odham casino appeal (3/15) Tohono O'odham Nation awaits decision on
off-reservation casino (3/14) Editorial: Ruling on off-reservation casino
ignores consequences (3/7) Judge
rejects lawsuit on Tohono O'odham off-reservation casino (3/4)
"Now comes another myth – that in exchange for campaign donations, Gov. Chris Gregoire rejected a tribal gambling compact requiring the Spokane Tribe of Indians share its profits with state and local government.
Like all good myths, this one has bits of truth. There was a negotiated compact in 2005 that included profit-sharing. But Gregoire rejected it, and not in return for donations. Democrats get those anyway, since most anti-tribe legislation tends to come from Republicans.
Instead, she rejected it because it was an awful deal hated by nearly everyone involved. Other tribes opposed it, and so did mini-casino owners, legislative Democrats, legislative Republicans, even anti-gambling activists, who saw it as a trigger to massive expansion.
Getting all those groups to agree isn’t easy. The Washington Policy Center likes to call what we’ll call Spokane I a “model compact.” I guess that is true if by “model” they mean an example of the worst possible compact possible, if they mean it should be held up as an illustration of what to avoid."
Get the Story:
Peter Callaghan:
Gregoire's tribal casino deal? Don't believe the hype
(The Tacoma News Tribune 4/5)
Related Stories: Spokane Chair: Off-reservation casino a
step forward for region (4/4) Business coalition
opposes Spokane Tribe off-reservation casino (3/15) Spokane Tribe waits for answer from BIA on
off-reservation casino (2/4)
"The phrase, "all hat, no cattle" depicts someone who is big on talk but little on substance.
The term also best describes the prospects for gaming expansion in Texas.
Gambling proponents have put forward a multitude of ideas over the past decade. But they have nothing to show for their efforts.
The 2011 Texas Legislature is no different. Last week, lawmakers considered 17 gaming proposals, everything from building eight Las Vegas-style hotel-casinos to adding slot machines at racetracks.
Dozens of gambling proponents spoke in favor of the activity. Opponents told legislators gaming was not the remedy to solve the state's projected $27 billion budget shortfall.
In end, gaming expansion will fail. Again."
Get the Story:
Inside Gaming by Howard Stutz:
Gambling expansion in Texas a long shot
(The Las Vegas Review-Journal 4/3)
Related Stories:
Tribes jump into debate over
legalization of casinos in Texas (3/30)
April 4, 2011
"In the time it takes you to read this sentence, several hundred thousand people in the United States will have played a hand of poker. They are not gathered around green felt tables in casinos with live dealers and real cards. This vast number of players is online right now, on offshore websites playing at virtual tables, with virtual dealers. They play games including draw, hold-em, stud and Omaha.
The Internet facilitates the play, but all players are real people sitting in front of their computers. And all those people are breaking the law while sending their money offshore.
Internet poker, unlike blackjack, is a "non-banked" game with players playing against each other, not the casino. One player wins every hand; the dealer, or casino, never wins. The company running the game has no stake in the game other than to collect from 50 cents to $2 from every pot, just as in a live casino.
That may not seem like a lot of money, but some websites attract more than 200,000 players at any given time. On a recent weekday afternoon, the two largest poker sites had 420,000 active users. They both accept bets from U.S. players. At a conservative rate of 50 hands per hour per table, with more than 50,000 tables in play, the revenue to the website operator adds up very, very quickly.
In 1995 there were only 24 Internet gambling sites available. By 2006 that number had increased to more than 2,500 sites, including at least 532 offering Internet poker. A quick Google search for the term "internet poker" reveals just how easy it is to play poker on the Internet. A 2009 study by H2 Gaming Capital showed 10.9 million people in the United States play poker using the Internet. Nearly 2 million of those people live in California.
This is all occurring in spite of the fact that it is actually illegal to play poker on the Internet in the United States."
Get the Story:
Lloyd Levine:
Legalized online gambling would deal California a winning hand
(The Sacramento Bee 4/3)
Related Stories:
More tribes in California back bill to
legalize Internet poker games (3/14)
"Last week, the chief judge of the federal courts in Grand Rapids ordered the Bay Mills Chippewa to close an unlicensed casino near Interstate 75 in Vanderbilt.
"Little Traverse Bay has clearly established a substantial likelihood of success on the merits," U.S. District Judge Paul L. Maloney wrote in granting relief to the Ottawa of Little Traverse, owners of a licensed casino on the outskirts of Petoskey.
Little Traverse's lawsuit against Bay Mills revolves around the Michigan Indian Claims Settlement Act, which President Bill Clinton signed into law 13 years ago.
At first glance, the passage seems clear. Bay Mills cannot use its earnings to pay for European junkets or a fleet of Cadillacs. The tribe can spend the money only for improving or expanding tribal lands.
The tribal chairman, Jeff Parker, said Bay Mills was doing just that last year with its investments in Vanderbilt and Port Huron. Both deals were made exclusively with so-called "restricted fee" dollars, or earnings from the trust fund.
Indeed, this constraint explains why Acheson Ventures sold 16.5 acres at Desmond Landing, including the old post office on Military Street, for the bargain-basement price of $100,000. Bay Mills could not afford to pay much more using trust funds alone.
Parker insists Bay Mills has followed the law scrupulously, an opinion not shared by the judge."
Get the Story:
Mike Connell: Port Huron needs line-drive singles
(The Battle Creek Enquirer 4/3)
District Court Decision: Michigan
v. Bay Mills Indian Community (March 29, 2011)
Related Stories: Column: Down but not out for a Bay Mills
off-reservation casino (4/1) Bay Mills
Indian Community to appeal decision against casino (3/31) Editorial: Don't give up on Bay Mills
off-reservation casino bid (3/31) Bay Mills Indian Community closes its
off-reservation casino (3/30) Judge orders Bay Mills to stop running
off-reservation casino (3/29)
"From time immemorial, the Spokane Tribe of Indians lived and raised families across the many miles of the Spokane River Basin, including the current city lands of Spokane and Airway Heights. This region makes up our ancestral homeland.
The Spokane Tribe continues to share a sense of responsibility for the social and economic well-being of this region. While we respect and engage in efforts to conserve our homeland, we want to do what we can in partnership with the community to move forward economically. To this end, the tribe initiated the Spokane Tribe Economic Project – STEP.
STEP is located on 145 acres of tribal land adjacent to the city of Airway Heights. This land is held in trust by the United States for the benefit of the Spokane Tribe.
STEP envisions a phased $400 million development. All of the facilities will be designed by an industry-leading architectural firm on a well-planned site, paying particular attention to sensitive environmental features. Project details and an artist rendering may be viewed at www.STEPspokane.com."
Get the Story:
Gregory J. Abrahamson: Spokane Tribe’s project a step forward
(The Spokesman Review 4/2)
Related Stories: Business coalition opposes Spokane Tribe
off-reservation casino (3/15) Spokane Tribe waits for answer from BIA
on off-reservation casino (2/4)
April 1, 2011
The gaming commission of the Tonkawa Tribe of Oklahoma is expected to rule next week on revoking the license of a gaming management company.
Gaughan Gaming started
managing the Tonkawa
Casino and the Native Lights Casino
in 2007. Last September, the tribe ended the two management contracts and
suspended the company's gaming license.
The commission held a hearing yesterday to revoke the license permanently, The Tulsa World reported.
Get the Story:
Local, State briefs: Tonkawa panel mulling summary judgment bid [second item]
(The Tulsa World 4/1)
Related Stories: Judge won't issue injunction in Tonkawa
Tribe gaming lawsuit (3/31) Tonkawa Tribe sued
by gaming firm for management contract (3/23)
The Habematolel Pomo of
Upper Lake of California expects the Bureau of Indian Affairs will approve its new Class III gaming compact.
The tribe started work on the $28 million Running Creek Casino after signing a compact in 2010. But work came to a halt when the BIA questioned the deal and ultimately rejected it in August.
"We were in debt $12 million when the denial came through," Chair Sherry Treppa told The Lake County Record-Bee.
The tribe signed a new deal with Gov. Jerry Brown (D) that addresses revenue-sharing issues raised by the BIA. If the new compact is approved, the 33,000-square-foot casino could be up and running by the end of the year."
"We absolutely feel like this project is going to get approved," Treppa told the paper.
Get the Story:
Casino plans in Upper Lake closer to fruition
(The Lake County Record Bee 4/1)
Related Stories: Habematolel Pomo of Upper Lake
negotiates new gaming deal (3/24) BIA rejects casino
compact for Habematolel Pomo of Upper Lake (8/23)
The Agua Caliente Band of
Cahuilla Indians of California has made another round of lay-offs at one of its casinos.
The tribe cut an unspecified number of employees at the Spa Resort Casino. This is the third time since October that people have been let go.
Additionally, the tribe is cutting back on dining options at the Spa Resort Casino and at the Agua Caliente Casino Resort
Spa.
Get the Story:
Agua Caliente laying off some workers
(The Palm Springs Desert Sun 4/1)
Related Stories:
Agua Caliente Band closes poker room, makes lay-offs at casino (12/1)
"After a decade-long struggle, Port Huron's dream of landing a casino on the city's waterfront just went up in smoke again. Or did it? The Bay Mills Indian Community and casino developer Mike Malik were quick to say not so fast.
In another kick in the gut to the city of Port Huron, Chief U.S. District Judge Paul Maloney ruled Tuesday against Bay Mills. He granted the preliminary injunction the Little Traverse Bay Bands of Odawa Indians filed against Bay Mills' gambling operation they opened in early November in Vanderbilt. By noon Tuesday, the casino was locked.
Backing the Odawas was a support brief filed by the Michigan Attorney General's Office.
Apparently, all the street talk in River City about a special deal cut with the attorney general to permit a casino in Port Huron was just that. The state again turned its back on us.
While Port Huron's proposed casino is not part of the current court battle, it is understood that no Vanderbilt casino means no Port Huron casino. The reason: The legal theory for opening the Vanderbilt casino is the basis for moving ahead with an initial casino in the old post office at Desmond Landing in downtown Port Huron."
Get the Story:
Cliff Schrader: Bay Mills, Port Huron down, but not out in casino quest
(The Port Huron Times Herald 4/1)
District Court Decision: Michigan
v. Bay Mills Indian Community (March 29, 2011)
Related Stories: Bay Mills Indian Community to appeal
decision against casino (3/31) Editorial: Don't give up on Bay
Mills off-reservation casino bid (3/31)
Bay Mills
Indian Community closes its off-reservation casino (3/30) Judge orders Bay Mills to stop running
off-reservation casino (3/29) Judge promises a ruling 'soon' in Bay Mills
off-reservation suit (3/24) Judge holds hearing for Bay Mills
off-reservation casino case (3/23) March 23 hearing set in Bay Mills
off-reservation casino dispute (3/2) Michigan Tribes: Bay Mills off-reservation
casino flouts the law (2/25) Editorial: Bay Mills off-reservation casino
remains pipe dream (2/15) Hearing
anticipated for Bay Mills off-reservation casino litigation (1/21) Bay Mills Indian Community opens bigger
off-reservation casino (1/19) Opinion: Off-reservation casino won't
benefit Michigan community (1/17) Editorial: Let the dust settle in battle
over off-reservation casino (1/10) Little Traverse lawsuit cites 'devastating
impact' from rival casino (1/6) Local businesses see benefit from Bay Mills
off-reservation casino (1/5)
"Legalized Internet gaming: opportunity or threat? Efforts in Congress last year to pass a federal Internet gaming bill failed, but a new bill was introduced in the House on March 17 and it is anticipated that a new Senate bill will be introduced later this year. A number of states are considering Internet gaming legislation, including states where there are tribal gaming operations, such as California, Iowa and Florida. It is far from certain that any of these bills will pass this year, but it does seem likely that efforts to pass Internet gaming legislation will continue and intensify, particularly since both the federal and state governments are desperate to find additional sources of revenue.
Each tribal government must make decisions about Internet gaming based on its unique circumstances. Before making a decision to support, propose amendments to or simply oppose a particular Internet gaming bill there are important issues to consider:
Will Tribal Governments Be Eligible to Participate?
Some of the proposed bills would exclude tribes entirely or contain restrictive conditions that would allow few tribes to qualify. Others would require that tribes compete against commercial gaming entities for the opportunity to participate, effectively shutting out most tribes. As governments authorized to conduct gaming under federal law, tribes are in a strong position to argue that they should be able to participate in Internet gaming without meeting new licensing requirements or being forced to compete against commercial entities for the opportunity.
Will Tribes Be Able to Compete?
Proponents of Internet gaming often argue that it will allow Indian tribes to generate more gaming revenue since they will be able to offer games to players located beyond tribal lands. This is not necessarily true because every other entity authorized to conduct Internet gaming will be competing for those same customers. Depending on the bill, competitors could be other tribal gaming operations, commercial casinos, game vendors, card rooms, pari-mutuels, off-shore interests and other entities. Since all Internet gaming sites are equally accessible to any player with a personal computer and an Internet connection, a gaming site operated by a tribe with a small or medium-sized gaming facility may not have the name recognition or resources necessary to compete with a site operated by a major casino company. The level of competition allowed by an Internet gaming bill is an essential consideration for determining if it will provide a significant opportunity or will simply cannibalize an existing customer base. "
Get the Story:
Joseph H. Webster:
Key Internet Gaming Issues
(Indian Country Today 3/31)
March 31, 2011
"A court injunction that forced Vanderbilt's casino to close Tuesday is a blow to the Bay Mills Indian Community -- and Port Huron. Those who believe this is the end of the matter, though, are kidding themselves.
It is unlikely the plaintiffs or defendants in this court case expected the federal district court decision to be the last word. Bay Mills appears to have gotten into this dispute for the long run.
The Vanderbilt casino, a modest operation in northern Michigan, was a test for Bay Mills' intention to build a more substantial gambling facility in Port Huron.
At issue, of course, is the Indian community's right to operate a casino -- in Vanderbilt or Port Huron -- without meeting the requirements that regulate and sanction Indian-run casinos in Michigan. Bay Mills' northern Michigan operation wasn't on Indian land as recognized by state government -- and it brought a court challenge from the Little Traverse Bay Bands of Odawa Indians and the state attorney general, who filed federal suits in December that demanded the casino shut down."
Get the Story:
Editorial: Bay Mills bid for city casino hasn't ended
(The Port Huron Times Herald 3/31)
District Court Decision: Michigan
v. Bay Mills Indian Community (March 29, 2011)
Related Stories: Bay Mills Indian Community closes its
off-reservation casino (3/30) Judge orders
Bay Mills to stop running off-reservation casino (3/29) Judge promises a ruling 'soon' in Bay Mills
off-reservation suit (3/24) Judge holds hearing for Bay Mills
off-reservation casino case (3/23) March 23 hearing set in Bay Mills
off-reservation casino dispute (3/2) Michigan Tribes: Bay Mills off-reservation
casino flouts the law (2/25) Editorial: Bay Mills off-reservation casino
remains pipe dream (2/15) Hearing
anticipated for Bay Mills off-reservation casino litigation (1/21) Bay Mills Indian Community opens bigger
off-reservation casino (1/19) Opinion: Off-reservation casino won't
benefit Michigan community (1/17) Editorial: Let the dust settle in battle
over off-reservation casino (1/10) Little Traverse lawsuit cites 'devastating
impact' from rival casino (1/6) Local businesses see benefit from Bay Mills
off-reservation casino (1/5)
The Dry Creek Rancheria Band of Pomo Indians of California reported a 7.2 percent drop in revenue at the River Rock Casino in the last quarter of 2010.
The tribe took in $29.1 million during the quarter. That's down from $31.4 million for the same period in 2009.
For the entire year, the casino generated $124.2 million. That's up 1 percent from 2009.
"We continue to work on improving the overall appearance and appeal of the casino to meet customer requirements. In 2010 we completed two renovation projects, a high-limit room offering slot machines and table games and Lucky Dogz, is a 24-hour snack shop. Also, in January 2011, our poker room was converted to house approximately 60 penny denomination slot machines that were placed in service in February 2011,” David Fendrick, Chief Executive Officer and General Manager, said in a press release.
The tribe plans to refinance $200 million in debt it owes on the casino.
Get the Story:
River Rock attempting to refinance $200 million bond
(The Santa Rosa Press Democrat 3/30)
A federal judge won't issue a temporary restraining order that a gaming company sought against the Tonkawa Tribe of Oklahoma.
Gaughan Gaming started
managing the Tonkawa
Casino and the Native Lights Casino
in 2007. Last September, the tribe ended the two management contracts and
suspended the company's gaming license.
The tribe is holding a hearing today to determine whether to permanently revoke Gaughan's license. Judge Joe Heaton said the company didn't show how the proceeding would cause "irreparable harm."
Turtle Talk has posted documents from the case, Gaughan Gaming v. Tonkawa Tribe.
The Gaughan agreements are on the National
Indian Gaming Commission's list of approved management contracts.
Get the Story:
Judge denies company's request to stop Okla. tribe's gaming commission from conducting hearing
(AP 3/30)
Related Stories:
Tonkawa Tribe sued by gaming firm for
management contract (3/23)
Lakes Entertainment Inc. is taking a big hit on the casino it manages for the Shingle Springs Band of Miwok Indians of California.
The $530 million Red Hawk Casino opened in December 2008. But the facility has been doing so poorly that the tribe has been unable to keep up its loan payments to Lakes.
As a result, Lakes said it has cut the value of the loans by $21 million, The Sacramento Bee reported. The company also took a wrote down another $16 million on top of its investment in the tribe.
"The general overall economy in northern California continues to be one of the worst in the country and the Red Hawk Casino continues to feel its effects," Lakes President nd CFO Tim Cope said in a press release.
Get the Story:
Red Hawk Casino operator posts quarterly, annual loss
(The Sacramento Business Journal 3/30)
Operator gives struggling Red Hawk Casino a break on loan (The Sacramento Bee 3/31)
March 30, 2011
The Coeur d'Alene Tribe
of Idaho is getting ready to unveil the latest expansion of its casino.
The tribe spent $85 million to add 98 hotel rooms, more casino space, two restaurants and a spa to the Coeur d’Alene Casino. The changes are expected to debut in May.
The casino has undergone seven expansions, The Spokesman-Review reported.
Get the Story:
Coeur d’Alene Casino expansion, new restaurants set to open in May
(The Spokesman-Review 3/30)
Related Stories: More than 1800 turn out for job fair at
Coeur d'Alene Tribe's casino (2/4) Coeur d'Alene Tribe
wrapping up work on $85M expansion at casino (2/1)
The Bay Mills Indian Community of Michigan shut down its off-reservation casino on Tuesday after a federal judge said it was operating illegally.
The tribe opened the casino in Vanderbilt last November. It drew immediate controversy because the tribe acknowledged the gaming site was not placed in trust.
Instead, the tribe argued that gaming was allowed because the site was purchased in connection with a land claim settlement. Judge Paul Maloney disagreed in a decision that led to the closure of the facility.
The Michigan Indian Land Claims Settlement Act "does not authorize Bay Mills to purchase the Vanderbilt Tract from the earnings in the Land Trust," Maloney wrote.
The ruling was cheered by the Little Traverse Bay Bands
of Odawa Indians and the state of Michigan, which were parties to the litigation. But other tribes in the state also called for the closure of the Bay Mills casino.
The Bay Mills Indian Community has not said whether it will appeal.
Get the Story:
Businesses say casino closure will hurt Vanderbilt (Up North Live 3/29)
Vanderbilt casino follows injunction, closes Tuesday (The Gaylord Herald Times 3/30)
Tribe closes Up North casino after judge's order (The Detroit Free Press 3/30)
Bay Mills Indians' Vanderbilt casino shut down (The Detroit News 3/30)
Judge orders Tribal casino to close (The Mt. Pleasant Morning Sun 3/30)
Potential casino takes big blow (The Port Huron Times Herald 3/30)
Flint Township officials say they still haven't talked to Bay Mills Indian Community about land it owns here
(The Flint Journal 3/30)
District Court Decision: Michigan
v. Bay Mills Indian Community (March 29, 2011)
Related Stories: Judge orders Bay Mills to stop running
off-reservation casino (3/29) Judge
promises a ruling 'soon' in Bay Mills off-reservation suit (3/24) Judge holds hearing for Bay Mills
off-reservation casino case (3/23) March 23 hearing set in Bay Mills
off-reservation casino dispute (3/2) Michigan Tribes: Bay Mills off-reservation
casino flouts the law (2/25) Editorial: Bay Mills off-reservation casino
remains pipe dream (2/15) Hearing
anticipated for Bay Mills off-reservation casino litigation (1/21) Bay Mills Indian Community opens bigger
off-reservation casino (1/19) Opinion: Off-reservation casino won't
benefit Michigan community (1/17) Editorial: Let the dust settle in battle
over off-reservation casino (1/10) Little Traverse lawsuit cites 'devastating
impact' from rival casino (1/6) Local businesses see benefit from Bay Mills
off-reservation casino (1/5)
A bill to expand non-Indian gaming in Florida is being declared dead.
State Sen. Dennis Jones (R) wanted to authorize up to five casino resorts. But the measure came under opposition from the Seminole Tribe and non-Indian race tracks that operate slot machines.
The tribe signed a Class III gaming compact last year that authorizes slot machines and certain table games.
The tribe shares a portion of its revenues with the state but would be allowed to stop if other forms of gaming are expanded.
The tribe's compact only runs for five years.
Get the Story:
'Destination' casino bill is dead for session
(The Orlando Sentinel 3/30)
Related Stories: Editorial: Florida deserves more
benefits from casino industry (3/21) Lawmakers in Florida consider proposal
to legalize Internet poker (1/28) Las Vegas developers continue to make
pitch to expand in Florida (1/26) Editorial: Expansion of gaming might
stimulate economy in Florida (1/17) Las Vegas developers eager to bring their
operations into Florida (1/12) New Florida governor clarifies remarks
about gaming expansion (1/11) Florida lawmakers gearing up for more
discussions about gaming (1/7)
Lawmakers in Texas are once again considering bills to expand gaming and legalize casinos.
One of the 17 proposals up for debate calls for three tribal casinos, two on the Gulf and three in urban areas. It would also legalize slot machines at race tracks.
The Kickapoo Tribe, however, opposes an expansion of gaming in the state.
"We would not be able to take the competition and our gaming business would be put out of business," Chairman Juan Garza Jr. told a House committee, the Associated Press reported.
Garza said the tribe should be allowed to move its existing Class II facility to a more urban location if gaming is expanded.
The Alabama-Coushatta Tribe, on the other hand, supports an expansion. The tribe operated a casino on the reservation until the state went to court to shut it down.
"We were able to provide health care to tribal members, education benefits," Chairman Carlos Bullock said at the hearing, KXAN reported.
Under the terms of their federal restoration acts, the Alabama-Coushatta Tribe and the Tigua Tribe aren't allowed to engage in gaming on their reservations unless allowed by the state.
The Kickapoo Tribe is not subject to the same restriction.
Get the Story:
Mixed responses to proposals to expand gambling
(AP 3/29)
Gaming bill may include venue in Travis (KXAN-TV 3/29)
Gambling bill backs Tiguas but chances slim (The El Paso Times 3/30)
March 29, 2011
"Tribal casino operations near the Twin Cities are well enough established to hold their own against some new competition, meaning that some members of a historically abused and disadvantaged people will continue to benefit.
This editorial board would, however, be more enthusiastic about an expansion plan that included new benefits to the distant and impoverished Indian bands of northern Minnesota, who have not shared fully in the bounty of tribal gaming.
A state casino partnership with the northern tribes was proposed some years back, with this board's support, but did not become law.
Meanwhile, any gambling expansion must be accompanied by an expansion of efforts to mitigate its social costs. Some of the new revenue should be set aside to strengthen compulsive-gambling treatment and prevention programs.
Expanding gambling in Minnesota is not a good idea. But could it, in the end, be among the least-bad alternatives to solve a major budget crisis?"
Get the Story:
Editorial: Gambling's costs must be counted
(The Minneapolis Star Tribune 3/29)
Related Stories: Opinion: There's definitely room for
more gaming in Minnesota (3/28) Column: Breaking the
monopoly of tribal gaming in Minnesota (3/25) Editorial: It's time to renegotiate casino
compacts in Minnesota (3/8) MPR:
Minnesota tribes oppose expansion of non-Indian gaming (2/24)
Tribal casinos are funding the state of California's $4 million problem gambling program.
Tribes that signed compacts in 1999 contribute a portion of their revenues to the
Indian Gaming Special Distribution Fund.
Some of the money is used for the state Office of Problem Gambling, which launched a new program with the Gambling Studies Program at UCLA to provide problem gamblers and their family members with counseling sessions.
So far, 65 people have signed up for sessions. The office hopes to treat s many as 3,900 people a year.
Get the Story:
New program offers free help for gambling addicts
(The North County Times 3/29)
The Seneca Nation can't intervene in a lawsuit challenging its its off-reservation casino in Buffalo, New York, the 2nd Circuit Court of Appeals ruled on Monday.
In March 2010, Judge William Skretny ruled that the tribe waited too long to file the motion. Skretny said the tribe's interests were being adequately represented by the federal government and said the tribe's involvement wouldn't greatly benefit the case.
In a summary order, the 2nd Circuit affirmed Skretny's decision. The court said the tribe can continue to participate in the case as amicus
curiae.
“We are disappointed in the result, but the Nation will continue to work with our treaty partner, the United States, as a friend, just has it has all along with this litigation," Seneca Nation Robert Odawi Porter said this morning.
Citizens Against Casino Gambling in Erie County filed the lawsuit against the National Indian Gaming Commission, claiming the Seneca
Buffalo Creek Casino does not qualify under the Indian
Gaming Regulatory Act.
The Bush administration said the gaming site is held in restricted fee status.
2nd Circuit Decision:
Citizens Against Casino Gambling in Erie County v. Hogen
(March 28, 2011)
District Court Decision: Citizens Against
Casino Gambling in Erie County v. Hogen (March 30, 2010)
Relevant Documents: Solicitor's
Opinion: Applicability of 25 U.S.C. § 2719 to Restricted Fee Lands (January
18, 2009) | National
Indian Gaming Commission Approval of Seneca Nation Casino (January 20, 2009)
Related Stories:
Judge won't let Seneca Nation intervene in gaming case (3/31)
UPDATE: An employee told The Port Huron Times that the casino has been closed.
A federal judge has given Bay Mills Indian Community of Michigan until noon to close its off-reservation casino.
Judge Paul Maloney said the casino is not located on Indian land, as defined by the Indian
Gaming Regulatory Act. He issued a preliminary injunction against the tribe this morning.
"Bay Mills shall cease operating slot machines and other
electronic games of chance or any other gaming activities currently offered on its property in Vanderbilt, Michigan," Maloney wrote in the decision. "Bay Mills shall not offer any other gaming activities on its property in Vanderbilt, Michigan, that may otherwise be allowed under its gaming compact with the State of Michigan."
The lawsuit was filed by the state of Michigan and the Little Traverse Bay Bands of
Odawa Indians. Maloney found that the Bay Mills casino "directly competes for gambling dollars" with the Little Traverse casino.
"Because Bay Mills is immune from suit for damages, Little Traverse Bay has
no remedy to recover that revenue," Maloney said.
District Court Decision:
Michigan v. Bay Mills Indian Community
(March 29, 2011)
Related Stories: Judge promises a ruling 'soon' in Bay
Mills off-reservation suit (3/24) Judge holds hearing
for Bay Mills off-reservation casino case (3/23) March 23 hearing set in Bay Mills
off-reservation casino dispute (3/2) Michigan Tribes: Bay Mills off-reservation
casino flouts the law (2/25) Editorial: Bay Mills off-reservation casino
remains pipe dream (2/15) Hearing
anticipated for Bay Mills off-reservation casino litigation (1/21) Bay Mills Indian Community opens bigger
off-reservation casino (1/19) Opinion: Off-reservation casino won't
benefit Michigan community (1/17) Editorial: Let the dust settle in battle
over off-reservation casino (1/10) Little Traverse lawsuit cites 'devastating
impact' from rival casino (1/6) Local businesses see benefit from Bay Mills
off-reservation casino (1/5)
The National Indian Gaming
Association holds its annual tradeshow and convention next week in Phoenix, Arizona.
The conference takes place April 3-6 at the Phoenix Convention Center.
More than 18,000 are expected, The Phoenix Business Journal reported.
A highlight will be the campaign for NIGA chairman between incumbent Ernie Stevens Jr., a member of the Oneida Nation of Wisconsin, and Ivan Makil, the former president of the Salt River Pima-Maricopa Indian
Community of Arizona.
Get the Story:
Indian Casino convention comes to Phoenix
(The Phoenix Business Journal 3/28)
Related Stories:
NIGA Election: Interviews with Ernie
Stevens and Ivan Makil (3/21)
"The Little River Band recently paid off the debt on its 425,000-square-foot Manistee casino, resort and convention center, which puts it in a good position for future economic development opportunities, like its Muskegon County casino proposal.
It is anticipated the Little River Band’s casino at the former racetrack site in Fruitport Township will create 700 permanent jobs and another 300 temporary construction jobs through a $100 million investment in the community.
Salaries for the more than 700 casino jobs would average $40,000 annually plus benefits. About 25 percent of Muskegon County residents do not have health insurance. About 11 percent, or nearly 10,000 people, don’t have a job.
There’s also another danger lurking. If the state doesn’t act on requests for casino expansions, the tribes may take action on their own. The Bay Mills tribe, which operates a casino in Brimley in the Upper Peninsula, recently opened a new casino in Vanderbilt in the Lower Peninsula without seeking state or federal approval. The tribe, which is federally recognized, says it is allowed to open casinos on land it owns.
A federal judge heard arguments seeking an injunction to close the new casino last week. A decision is expected soon. The state could have a lot to lose.
Muskegon County residents have voiced support for gambling both at hearings and straw votes and through their support of gambling. The county is a major purchaser of lottery tickets and supports a healthy bingo and Texas Hold’em charity game business. This area needs the nearly 1,000 temporary and permanent jobs the casino would generate and the estimated $400 million impact on the economy."
Get the Story:
Editorial: A sure bet: Casino proposal will bring jobs to Muskegon
(The Muskegon Chronicle 3/29)
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