gaming

Harris v. Sycuan Band Claim Dismissed a Third and Final Time

Matthew L.M. Fletcher

Here is that opinion — Harris DCT Order

The two earlier dismissals are here and here.

An excerpt:

On November 26, 2004, Harris was a patron of the Sycuan Casino, a gaming establishment owned and operated by Defendant Sycuan. “At that place and time, plaintiff suffered serious physical injury occasioned by the assaultive conduct of an employee of defendant….” (SAC P 5). “[A]ll claims for damages for physical injuries against defendant … were governed by a ‘Tort Claims Ordinance’ duly enacted by defendant … in June 2004.” (SAC P 6). On March 9, 2005, Harris filed a claim under the Ordinance, and on December 5, 2005, “the Sycuan Gaming Commission certified plaintiff’s claim for processing on the merits, pursuant to Section XI of the Ordinance.” (SAC P 7). After Harris’s claim was denied by the Sycuan Gaming Commission, “Plaintiff duly appealed the substantive denial of her claim pursuant to Section XII(G) of the ordinance, which provides that an appeal from a substantive denial is to be heard by an arbitrator selected by the Sycuan Gaming Commission. The Gaming Commission selected Hon. Gerald Lewis, retired appellate justice, as the arbitrator for plaintiff’s claim…. On September 30, 2008, Judge Lewis issued his decision and award of arbitrator, awarding plaintiff the sum of $ 160,000.”

* * *

The Court concludes that the allegations in the SAC related to the “duty of good faith in the implementation” of the IGRA, the Compact and the Ordinance, are insufficient to confer federal question jurisdiction. In the alternative, the Court concludes that this claim fails to state a claim for relief.

Ninth Circuit Declines Jurisdiction over Pechanga Disenrollments

Matthew L.M. Fletcher3 Comments

Here is the opinion in Jeffredo v. Macarro. There was a dissent (by a district court judge sitting by designation), however, which seemed to focus on the apparent “greed” of the Pechanga people in disenrolling tribal members.

Here are the briefs:

Jeffredo Opening Brief

Macarro Answering Brief

Jeffredo Reply Brief

An excerpt from the majority: Continue reading →

N. Carolina Appellate Court Upholds Poker Ban, Eastern Band Cherokee Gaming Compact

Matthew L.M. Fletcher2 Comments

Here is the opinion in McCracken and Amick v. Perdue. News coverage here, via Pechanga.

An excerpt:

The State appeals from the trial court’s order entering judgment in favor of plaintiffs McCracken and Amick, Incorporated,doing business as The New Vemco Music Co., and its principal owner, Ralph Amick, on their claim that the State is not permitted under federal Indian gaming law to grant the Eastern Band of Cherokee Indians of North Carolina (“the Tribe”) exclusive rights to conduct certain gaming on tribal land while prohibiting it throughout the rest of the State. We conclude, however, that state law providing the Tribe with exclusive gaming rights does not violate federal Indian gaming law. Consequently, we reverse the trial court’s order.
The state’s briefs are here (as well as the trial court opinion). Other briefs:

Bomb Threat at Soaring Eagle Casino

Matthew L.M. Fletcher1 Comment

From TV via Pechanga:

MT. PLEASANT — Employees head back to work at the Soaring Eagle Casino and Resort in Mt. Pleasant after a bomb threat Wednesday afternoon. It was like any other day at the casino  until a call came in that turned the resort upside down. “The Saginaw Chippewa Tribal Police Department at approximately 1:30 this afternoon received a bomb threat,” said Public Relations Director Frank Cloutier.

Six other law enforcement agencies were called and within minutes the resort was swarming with police ready to shut the area down.

Casino player Kim Jones drove an hour to get to the casino when she was turned away. “Yes we were coming here to the casino and we got up here and we saw all the police cars…a friend…was here earlier and was playing a slot and the (police) come in and told them they all have to leave,” said Jones.

“We had a bomb threat and they evacuated us very professionally and we’re dealing with it the best we can,” said evacuee Randy Thompson.

Frank Cloutier said the bomb scare was unlike any evacuation he’s ever seen. “We haven’t had an impact on the property to this magnitude,” Cloutier said.

The search continued for over six hours but no evidence of a bomb turned up.  Kim Jones said she was cashing in on her own theory about what took place.”Because I think somebody just lost and was upset and it doesn’t surprise me,” said Jones.

Continue reading →

Greektown Revenues Improving

Matthew L.M. Fletcher

From the Detroit News via Pechanga:

Detroit — Greektown Casino-Hotel, the city’s smallest casino, reported a 21-percent increase in its November revenue over the same month in 2008.

Greektown took in $28.44 million last month compared to $23.51 million a year earlier.

Overall, gaming revenues were up just slightly in November, 0.6 percent, compared to the same month last year, according to numbers released by the Michigan Gaming Control Board.

MGM Grand Detroit and MotorCity casinos reported respective year-over-year declines of 7.8 percent and 1.8 percent during the same time period.

Continue reading →

BIA Opinion Letter re: Inquiry over Seneca Indian Preference Rules at Niagara

Matthew L.M. Fletcher1 Comment

Here is the opinion letter referenced in this news article.

Indian Preference Seneca

BIA Proposes to Extend Federal Recognition to the Shinnecock Indian Nation

Matthew L.M. Fletcher

From the Nation’s counsel:

The Department of Interior today issued a positive Proposed Finding to extend federal acknowledgment to the Shinnecock Indian Nation.  Under the federal consent decree governing the processing of the Nation’s petition, DOI must issue a final determination at some point between May 19 and November 13, 2010.  (Given the consent decree terms, the date will likely be in the middle of this range.)
Congratulations should be extended to the Shinnecock Nation’s members and leaders, and the Nation’s team, all of whom have worked long and hard to get the federal bureaucracy to acknowledge what the Nation has always known (and what a federal court determined in 2005).
Of note, upon federal acknowledgment becoming effective, the Nation will be eligible to game under IGRA.  The Nation’s Southampton, NY reservation, over which the State has continuously disclaimed jurisdiction, immediately will meet IGRA’s definition of Indian lands eligible for gaming.
DOI’s press release and the Proposed Finding should be available on the BIA’s website.

New Firekeepers Casino Crime Impact Never Materialized

Matthew L.M. Fletcher

From the Battle Creek Inquirer via Pechanga:

Four months after the opening of FireKeepers Casino, local police say crime hasn’t risen as some casino opponents had feared.

While some critics feared the casino would lead to an increase in burglaries, embezzlement and crimes of that ilk, that hasn’t materialized, police and residents said.

Increased traffic is the thing most residents near the casino are going to experience, said Emmett Township’s acting Public Safety Director Kenneth Cunningham. Gamers at the casino might see the occasional drunken and disorderly conduct, but nothing more than would be expected at a place selling alcohol, Cunningham said.

Cunningham and casino officials said data on the number of incidents near FireKeepers and on casino grounds were not immediately available. Those statistics are tracked by the Huron Potawatomi Police Department, the force for the Athens Township-based Nottawaseppi Huron Band of Potawatomi, FireKeepers’ owners.

Residents living near the facility say its impact has been minimal.

“It’s not really been a problem,” said Sue Bess, 67, who lives on Ackerson Drive, directly east of the casino property. “Traffic’s not really been much different. Everything’s moved pretty smooth.”

The tribe in October 2008 signed a $1.1 million agreement with Emmett Township for Emmett to police the casino around the clock for three years. The tribe pays for five cross-trained police, fire and emergency medical public safety officers and a new patrol car for the township, which is housed at the casino. Fire or medical calls are handled and paid for on a per-call basis.

Four months after the casino’s opening, “Things are going very good,” Cunningham said.

Continue reading →

Dicara v. Cahuilla Band — Immunity Waiver in Gaming Contract Dispute

Matthew L.M. Fletcher

Here is the opinion from the California Court of Appeals (4th Dist., Div. 2).

An excerpt:

The trial court issued a postjudgment assignment order (Code of Civ. Proc., § 708.510) against the Cahuilla Band of Indians (Cahuilla), in favor of Mary DiCara dba Scott Leasing (Scott). Cahuilla contends the assignment order should be reversed because (1) the superior court did not have jurisdiction to issue the order; (2) the lease agreement, upon which the underlying damage award was based, was void since inception; and (3) federal law and Cahuilla’s revenue allocation plan preempt the superior court’s order. Scott contends that it should be awarded attorney’s fees on appeal. We affirm the judgment and award attorney’s fees to Scott.

The trial court issued a postjudgment assignment order (Code of Civ. Proc.,§ 708.510)1, 2 against the Cahuilla Band of Indians (Cahuilla), in favor of Mary DiCaradba Scott Leasing (Scott). Cahuilla contends the assignment order should be reversedbecause (1) the superior court did not have jurisdiction to issue the order; (2) the leaseagreement, upon which the underlying damage award was based, was void sinceinception; and (3) federal law and Cahuilla’s revenue allocation plan preempt thesuperior court’s order. Scott contends that it should be awarded attorney’s fees onappeal. We affirm the judgment and award attorney’s fees to Scott.

News Coverage of LTBB Casino General Manager Hiring

Matthew L.M. Fletcher1 Comment

From the Petoskey News-Review:

The Little Traverse Bay Bands of Odawa Indians Tribal Council did not take action Sunday, during its regular meeting, to suspend the hiring process for a new general manager at the casino.

According to John Bott, tribal council member, the action request item was presented by tribal chairman Ken Harrington, but was not fully explained.

“We never got an explanation as to what it was about,” Bott said. “As a result, no action was taken, and no motion was made.”

The tribe began its search for a new general manager for the casino after Sean Barnard, who had been in the position since May of 2008, tendered his resignation on Nov. 23, making his last official day Dec. 4.

Harrington said he couldn’t fully explain the reason he brought this potential hiring suspension to the tribal council, but said it was directly linked to tribe’s current renegotiation process for the casino’s financing.

“(The reason) is tied to a confidential report, and I can’t go into great detail,” he said. “I wanted to slow the (hiring) process down until we were complete with the forbearance agreement … there might still be some unknowns.” Continue reading →