SENECA PRESIDENT MAURICE A. JOHN SR.: “The nation will abide by the decision finally resolving this litigation, but for now everything is business as usual.”
Senecas keep casino open despite judge's ruling
Expert on constitutional law hired for expected court battle
By Michael Beebe and Sharon Linstedt NEWS STAFF REPORTERS
Updated: 07/10/08 12:21 PM
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- A federal judge’s ruling is not affecting operations of Senecas’ temporary casino in Buffalo or construction of a permanent one, Maurice A. John Sr. says.
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If the Seneca Nation of Indians seems concerned about a federal judge’s ruling that it can’t legally operate a casino in Buffalo, jeopardizing a $333 million casino now under construction, you wouldn’t know it from the nation’s reaction Wednesday.
Both the Senecas’ president and the chairman of their gambling operation said that it was business as usual. They said they’ll continue running their temporary casino and building the new Buffalo gambling parlor and hotel on nine acres of land off Michigan Avenue.
“The nation will abide by the decision finally resolving this litigation,” Seneca President Maurice A. John Sr. told reporters at the Seneca Niagara Casino & Hotel, “but for now, everything is business as usual.”
“Judge’s decision is procedural and does not prevent operations,” the Senecas said later in a news release.
The Senecas also announced that they have hired Laurence H. Tribe, a Harvard Law School constitutional scholar. Tribe, they said, will either aid in the appeal of U. S. District Judge William M. Skretny’s decision, or possibly file a lawsuit on behalf of the Senecas to keep the casino open.
The Senecas are not a party to the lawsuit and can’t appeal it themselves. They were granted friend-of- the-court status in the suit filed by Citizens for a Better Buffalo against the National Indian Gaming Commission and the U. S. Justice Department.
Meanwhile, the attorney representing the opponents who won the decision said he’ll go to court if necessary to have the government enforce the judge’s ruling.
“I’m going to give them a fair opportunity to respond,” said Albany attorney Cornelius D. Murray, “but we expect and hope they would abide by the order.
“As of this moment, there is no legal basis whatsoever to gamble on that site. And they know it.”
However, Murray knows that in litigation against Indian casinos, nothing comes quickly.
The U. S. Supreme Court in December 2006 declined to hear a decision that he won declaring that the Oneida Indian’s Turning Stone Casino was operating illegally.
As appeals continue, Turning Stone continues to operate.
“That was an up-and-running, fully built, operational casino,” Murray said of Turning Stone. “This is just a little temporary operation where they haven’t invested millions yet in the casino. They’ve got plans. That’s why we want to be in on the ground floor and stop it before they present us with a fait accompli down the road.”
Skretny’s ruling held that the Seneca-owned land at Michigan Avenue and Perry Street is sovereign Indian country, as defined by the 1988 Indian Gaming Regulatory Act.
But he also said that because the land was bought with proceeds from the Salamanca Settlement Act — which paid the Senecas for 99 years of under-market- priced leases of their land in Salamanca — it did not meet an exception for an off-reservation casino.
Skretny said the July 2007 decision by the National Indian Gaming Commission was arbitrary, capricious and contrary to law. He vacated that decision, saying gambling at the site is not authorized.
Murray wrote a letter Tuesday to attorneys for the Justice Department asking them to enforce the order.
Andrew Ames, a Justice Department spokesman, declined to say whether the order will be enforced. “At this time,” Ames said, “the United States continues to review the 127-page opinion and the various options available.”
As construction cranes continued to pile-drive steel beams at the new casino site Wednesday, a crowd of rubberneckers drove by to get a look, and a steady crowd of gamblers braved a rain to play the slots at the temporary site.
Skretny’s ruling means the Senecas cannot go back to Philip N. Hogen, chairman of the National Indian Gaming Commission, for a new gambling ordinance, according to Murray, who represents the plaintiff, Citizens for a Better Buffalo.
“The judge closed that door,” Murray said. “He said this land is not gambling-eligible. If the land is not gambling-eligible, there’s no way for him to issue a new ordinance.”
Murray said he expects to be back before Skretny soon if the Senecas continue running the casino.
“This isn’t a case where you get a Pyrrhic victory and the judge says, ‘Well, I wash my hands of it; the case is closed,’ ” Murray said. “The case is not closed if somebody refuses to abide by his order. You can go back in.”
Seneca leaders, though, said they will fight on in court.
“The Seneca Nation of Indians will not stand idly by while our sovereignty — and the processes and law that support it— is challenged and attacked,” John said.
Seneca Gaming Corp. Chairman Barry E. Snyder Sr. applauded John for keeping the temporary Buffalo casino open.
“I’m glad the president has stood by his guns,” Snyder said.
Rep. Brian Higgins, D-Buffalo, said the Senecas should not look to Congress to solve the problem.
“It’s pretty clear that any new attempt to do that would be very difficult, if it were to be possible at all,” Higgins said.
As evidence, Higgins noted that just last month, in a 298-121 vote, the House rejected an attempt by proponents of a plan for a land swap that would have allowed new Indian casinos in Port Huron and Romulus, Mich. The congressional approval would have bypassed the standard agency approval for off-reservation casinos.
Erie County Executive Chris Collins said Wednesday that he’s hopeful that Skretny’s decision will be appealed and that the Senecas will be legally allowed to run the casino.
Collins said, “I can only hope for the sake of this community that this project does move forward and creates the jobs that we know are intended to be created, and that we, in fact, have a $330 million-plus investment.”
News Staff Reporters Jay Rey and Matthew Spina and Washington Bureau Chief Jerry Zremski contributed to this report. e-mail: mbeebe@buffnews.com and slinstedt@buffnews.com
