Feds may shut down temporary Buffalo casino within five days
Gaming panel backs ruling by Skretny
The federal government told the Seneca Nation on Wednesday that its temporary casino in downtown Buffalo is in violation of federal law and could be shut down in five days.
Late Wednesday afternoon, the National Indian Gaming Commission issued a “notice of violation” to the Senecas regarding the small casino, now operating in a blue metal building on a nine-acre site where the Senecas want to build a much larger $333 million casino and hotel complex.
In July, U. S. District Judge William M. Skretny revoked the Senecas’ authority for the temporary casino. Skretny called a federal agency’s July 2007 decision to allow gambling on the site “arbitrary, capricious and not in accordance with the law.”
But the Senecas have refused to shut it down.
Casino opponents objected and sent a letter last week to the U. S. attorney’s office demanding the federal government take action by 5 p.m. Wednesday.
The notice of violation was filed at 4:54 p.m., noted Cornelius D. Murray, an Albany-based lawyer representing the anti-casino group, Citizens for a Better Buffalo.
“We’re cautiously optimistic,” said Murray, but added that it remains to be seen whether the casino will cease operating.
The notice states that the casino is operating in violation of federal law, based on Skretny’s ruling, and that the Senecas could close the Buffalo casino within five days to correct the violation. It also said the nation could be fined as much as $25,000 a day if it continues to operate.
The Senecas said Wednesday they have no intention of shutting down operations and will appeal the decision by the Gaming Commission to support Skretny’s ruling.
“The Seneca Nation, as always, will comply with applicable rulings, but will also exercise the full scope of rights, administratively and judicially,” Seneca Nation President Maurice John said. “We are confident that the nation’s gaming rights will be recognized on our sovereign Buffalo Creek territory for the benefit of the Western New York economy.”
Murray said opponents will be watching to see whether the Gaming Commission takes action within the designated five days.
“We’ll see what the next step is,” Murray said. “If they are going to act in defiance of the government, we’ll see what the government will do to enforce the law.”
In the meantime, construction at the downtown site on what would be the permanent casino is slowing. Last week, the Senecas announced that they were halting construction in downtown Buffalo and Salamanca because of a recent slump in gambling revenue due to the struggling economy in Western New York.
