That's what this article in from Dickinson Wright law firm seems to say:
In January 2015, the Tribe requested that the State reopen compact negotiations. In a January 16, 2015, letter to the Tribe’s attorney, Joginder Dhillon, Senior Advisor for Tribal Negotiations to Governor Brown, wrote: “Given that the people have spoken, entering into negotiations for a new compact for gaming on the Madera parcel would be futile.”
Dhillon’s letter was exactly what the Tribe needed to demonstrate that the State had refused to negotiate. On March 17, the Tribe filed a federal lawsuit against the State of California in federal district court alleging that the referendum overturning the compact ratification and the renewed refusal to enter new negotiations violated IGRA. The Tribe asked the court for a declaration that the State had failed to negotiate a Class III gaming compact “in good faith” in violation of IGRA and for an order requiring the State to resume negotiations.
The State has yet to file an answer, but California’s waiver of its Eleventh Amendment immunity to the Tribe’s bad-faith suit means that the Tribe will likely prevail and win the right to conduct Class III gaming at the site. In the meantime, nothing prevents the Tribe from conducting Class II gaming on the site, as Class II gaming does not require a compact.
Anyone believe that Governor Jerry Brown did not realize this would happen? Anyone?
I always thought class II gaming was a likely result of this conflict. Tribes can make a lot of money without a compact. The Florida Seminole Tribe bought the Hard Rock Hotel and Casino chain in late 2006 for $1 billion--financed entirely by class II slots--because the state of FL had negotiated in bad faith and the courts had (at least temporarily) struck down the "bad faith" provision of the IGRA. So, North Fork can break ground on a casino, with the type(s) of gambling to be determined as the process works itself out. Jerry Brown's admin and Madera County totally want the revenue stream that would be generated from this endeavor. The proverbial ball will end up in the DoI Secretary's court...
ReplyDeleteIf it means money, then it is probably true. This is proven over and over lately, so sad.
ReplyDeleteMy understanding is that they want their casino off original reservation land. In the compact any tribe that wants a casino has to put it on original reservation reservation trust land and it need to be after a certain date. it cant be land off the reservation and then put into trust.
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