Plans for Muskegon Casino?

From the Muskegon Chronicle: “Flying under the public radar screen since a successful 2003 non-binding city of Muskegon ballot proposal supporting the concept of a casino for downtown Muskegon, Archimedes Group LLC now has unveiled a $2.4 billion concept plan for a downtown Muskegon waterfront casino resort that is predicated on federal tribal recognition for the Grand River Band of Ottawa Indians.”

Later in the article, the Archimedes people made an assertion that doesn’t really stand up to scrutiny:

“Left unanswered is how the Grand River Band gains the ability to open an Indian casino in downtown Muskegon, but Archimedes spokesman Dick Anderson said the tribe is ‘on the cusp’ of federal recognition — a critical step in the process.”

Our post about the federal recognition process and the Grand River Band is here. There is support from Senator Levin, but I would surprised if there is a serious push in Congress to recognize the Band. I would like to be wrong, but announcing plans for casinos long before federal recognition is a certainty creates more difficulty for unrecognized tribes.

Soo Tribe Board Officially Approves Inland Settlement

From the Soo Evening News: “The final piece of the puzzle appears to be in place as all five tribes have officially agreed to the 2007 Inland Hunting and Fishing Decree paving the way for an upcoming date in federal court.

“The Sault Ste. Marie Tribe of Chippewa Indians Board of Directors put the official stamp of approval on the deal Sunday during a special meeting. Reports indicate that two board members – Robert LaPointe and Shirley Petoskey – voted against the measure. Denise Chase was reportedly absent for the session and did not weigh in, while the rest of the board members approved the agreement.

“The tribe’s membership had overwhelmingly approved the agreement last week 3,476-678 in a special referendum.

“The other four tribes affected by the Treaty of 1836 had already approved the agreement with the State of Michigan defining inland hunting and fishing rights in perpetuity.”

Gatzaros Awarded Stake in Greektown Casino

From the Detroit News: “After nearly 10 years of investigating Greektown businessman Ted Gatzaros, the Michigan Gaming Control Board today awarded him partial ownership in a Detroit casino.”By a unanimous vote, the board approved Gatzaros’ application to become a 1 percent owner in Greektown Casino. Before the vote, board members said they could find no reason to reject the request.”

***

“Gatzaros and his partner Jim Pappas were instrumental in pushing casino gambling in Detroit in the 1990s. After voters approved casino gambling in a statewide referendum, Detroit awarded the pair one of three casino licenses.

“Following an investigation, however, the Gaming Board indicated a license to the pair would not be approved. Gatzaros and Pappas ultimately ended up selling their interest to the Sault Ste Marie Tribe of Chippewa Indians.

“Under that sale agreement, the Tribe promised to sell a 4 percent interest in the casino and split the money between Gatzaros and Pappas. However, the agreement did not include a timetable for the sale.

“With the board’s decision today, Gatzaros has agreed instead to take 1 percent ownership in the casino.”

Pokagon Band Distribution Fund

From WSJV:

A Band of Native Americans Give Back  
 

A band of Native Americans are giving back to the land and its people.

The Pokagon Band of Potawatomi Indians and the Four Winds Casino Resort in New Buffalo launched the Pokagon Fund.

It goes above and beyond what Michigan provides in money for the area. The fund is open to cities and non-profit groups including the arts and culture and health services.

It aims at enhancing people’s lives.

Pokagon Fund Executive Director Mary Dunbar says, “We’re really looking forward to seeing the kinds of applications that come through. Right now we don’t know what kinds of projects we’ll be funding and we look forward to receiving applications.”

The fund comes from electronic gaming money at the Casino Resort. For a grant application and guidelines, log on to www.pokagonfund.org

More coverage of this interesting concept here and here.

Indian Families and Peyote

From the Leelanau Enterprise:  “Leelanau County Family Court Judge Joseph E. Deegan last week ordered that the parents of three children who are members of the Grand Traverse Band of Ottawa and Chippewa Indians must refrain from giving their children hallucinogenic peyote as part of Native American religious rituals.”

This appears to be an emerging issue in Michigan and perhaps elsewhere. Naturally, these cases arise when the families split and custody and visitation questions are decided in court. Interestingly, because there is relatively little trust land in Michigan, I would imagine that few (if any) of these cases are heard in tribal court. I wonder if the outcomes would be different.

Larry Plamondon and the “Keith Case”

We had the pleasure of hearing the story of Larry Plamondon, a member of the Grand River Band of Ottawa Indians, who was the defendant in the famous “Keith Case,” known in the U.S. Reporter as United States v. District Court, 407 U.S. 297 (1972). The “Keith Case” was announced by the Court on June 19, 1972 — two days after the famous Watergate burglary.

Here’s how Larry tells it in his memoir, “Lost From the Ottawa: The Story of the Journey Back.”

“Though I didn’t know it at the time this Supreme Court decision and the Watergate break-in were connected. Years later it was explained to me.

“It went down like this: The Justices decided the Supreme Court wiretap issue on Friday the 16th of June. According to Court rules the decision was to be kept secret until it was released by the Court [–] in this case, the following Monday. However, someone at the High Court (Rehnquist, or his clerk?) notified the White House and informed them the wiretap issue had been lost.

“This meant that any wiretaps installed by the Executive branch, or its agents, or Nixon’s re-election committee would be illegal on Monday, the 19th, when the ruling was made public. The Watergate burglars were sent in to the Democratic National Headquarters to retrieve the electronic listening devices on Saturday, the 18th of June, before the Monday release of the decision made warrantless wiretaps unconstitutional. The rest, as they say, sucks.”

Plamondon at 276.

I haven’t been able to find (in my ten minutes of research) whether or not anyone other than Larry and a couple conspiracy theorists have made this serious claim. If Rehnquist, who sat out the Keith case deliberations because he was personally involved in the prosecution of Larry Plamondon, or one of his clerks, called the White House to give them a heads up about the outcome AND that communication inspired the Watergate break-in, then … whew!

More Inland Coverage: The Settlement from the POV of U.P. Whitetails Assn

From the Escanaba Daily Press: “The conservation work performed by organizations such as the Bay De Noc Sports Fishermen and the MDNR was recognized as an integral component of the successful management of our inland fisheries. Is [the settlement] perfect? Not totally. However it is a far cry better than what was in place before because now everyone is thinking towards the future.”

The longer article appears to be an interesting CYA from the treaty rights opponents.

One nit to the author — the settlement doesn’t “change[]” the treaty, just interpret it.

Gun Lake Casino Oral Argument Report

From the Kalamazoo Gazette: “Both sides said they were optimistic after arguments were presented Friday before the U.S. Court of Appeals over the future of a proposed Indian casino in Wayland Township.James Nye, a spokesman for the Gun Lake Tribe of Potawatomi Indians, said the group is prepared to begin casino construction before year’s end if the three-judge panel ejects a challenge by Michigan Gambling Opposition, or MichGO.”

Hammitte v. Leavitt: Detroit Urban Indians Case Dismissed

The federal district court in Detroit granted the motion to dismiss filed by the United States/Indian Health Service on October 11, 2007.

The opinion is here.

Hammitte v. Leavitt Complaint

United States Motion to Dismiss

Hammitte Response to Motion

United States Reply Brief

MichGO v. Kempthorne Materials

This case involves a challenge to the Secretary of Interior’s decision to take land into trust for gaming purposes benefiting the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (a/k/a Gun Lake Band).

Here is a recent news article noting that the D.C. Circuit heard oral argument in this case this morning.

Here is Gun Lake’s appellate brief [it is very large, 103 pages].