The Eastern District of Wisconsin denied the Menominees motion for a TRO in their challenge to the application of the regulations on off-reservation gaming. The complaint is here.
off-reservation gaming
Romulus Indian Gaming News
From the Romulus Roman:
Romulus officials hope a year-long moratorium regarding the expansion of Indian gaming that was put into place by the U.S. Bureau of Indian Affairs will be lifted, or at least more flexible, under a Barack Obama administration.
City officials met with a representative from the Hannahville Indians last week, and all involved said they felt they would receive more consideration for the tribal request to build a casino in Romulus.
“I think that once there’re more Democrats in Washington, and more people who are interested in helping Michigan, we will turn this around,” said Romulus Mayor Alan Lambert.
Detroit Auto Bailout & Indian Gaming Proposals: A Link?
Congress effectively killed the various proposals brought by the State of Michigan, the Bay Mills Indian Community, and the Sault Ste. Marie Tribe of Chippewa Indians to ratify off-reservation gaming agreements between the three and variously the Cities of Romulus, Flint, and Port Huron. But now that the Detroit auto makers are in the very ugly throes of near-bankruptcy, and with Congress seemingly ready to let the Big Three die, maybe the off-reservation gaming proposals will have new legs in the 111th Congress?
Several questions need answering. First, how will the Obama Administration view Indian gaming, especially off-reservation? I wonder, given that the Administration doesn’t have much to gain politically by supporting tribal gaming, but might have much to lose. Tribes need to make the Obama Administration realize the benefits of off-reservation. Second, how will off-reservation gaming in southeastern Michigan help local economies? Again, tribes need to make a strong case, and it may be the same case made to answer the first question.
Romulus Casino Talk
From Indianz:
Officials in Romulus, Michigan, are still interested in hosting off-reservation casinos even after Congress killed a bill to authorize two tribal facilities.
Officials plan to meet with the Sault Ste. Marie Tribe of Chippewa Indians to discuss reviving the casino. A deal with the Hannahville Indian Community could be in the works too. With Congress looking at ways to bail out the auto industry in Michigan and considering economic packages, officials say now is a good time to think about the casinos again.
Get the Story:
Romulus casinos are still a possibility (The Journal Newspapers 11/20)
Menominee Tribe v. DOI — Materials on Off-Reservation Gaming Case
As Indianz reports, the Menominee Tribe has sued to prevent Dirk Kempthorne from making a decision on the tribe’s off-reservation gaming application before the change in administration.
Federal Courts Holds Artman Guidance NOT Reviewable
In St. Croix Band of Chippewa Indians v. Kempthorne, the District Court for the District of Columbia dismissed St. Croix’s challenge to the Secretary’s authority to refuse to take off-reservation land into trust. The court found that the Artman Guidance letter is not final agency approval.
GR Press Editorial Against IGRA
The editors complain about everything, and then assert whole states and localities should be allowed to vote on whether Indian gaming can come to the community. But the first two comments on the website have powerful responses.
More LRB News on Off-Reservation Casino Proposals
From Business Review Western Michigan:
Rumblings of a new casino in West Michigan grew louder last week when Fruitport Land Development announced it sold 93 acres in Fruitport Township to the Little River Band of Ottawa Indians.
The tribe, which owns and operates a casino in Manistee, has not firmed up plans or received approval to proceed, according to tribal Public Affairs Director Glenn Zaring.
“We are currently going through the steps to explore establishing a casino on the property but are examining a number of development options, as well,” Zaring said.
Everything is still on the table, he added.
The acreage sold for $4.074 million, according to Township Assessor Lesli Lehner. The land fronts Sternberg Road and, although Lakes Mall is on the opposite side of Sternberg, it is undeveloped and without utilities, she said.
On July 16, the tribe closed on the former Great Lakes Downs racetrack property, and the next day it closed on 53.58 acres south of the 87-acre racetrack property. The most recent buy is southeast of the 53-plus acres, formerly owned by Horizon Group Properties, and the parcels connect at one corner, Lehner said.
Muskegon County Advisory Vote on LRB Casino Proposal
From the Muskegon Chronicle:
The Muskegon County Board of Commissioners will put a non-binding casino referendum on the countywide Nov. 4 general election ballot.
The vote will be advisory in nature, giving county commissioners the voters’ direction on how to handle issues concerning the Manistee-based Little River Band of Ottawa Indians attempt to place its second casino at the former Great Lakes Downs horse-racing track in Fruitport Township.
The casino advisory vote was proposed by county board Chairman James Derezinski in response to a citizen group forming in light of a previous casino resolution of support by the county board. A group has formed calling for an open debate of the county board’s support for a Fruitport Indian casino after the tribe announced it had purchased the former racetrack last month.
County officials indicated that a public vote for the casino would not insure the tribe the successful development of a Muskegon County Indian casino. Likewise, a vote against the casino will not necessarily prohibit an Indian gambling facility at U.S. 31 and I-96.
The issue of Indian casino development is decided in agreements between the tribe and the state of Michigan and the tribe and the U.S. Bureau of Indian Affairs. The tribe is a sovereign nation under U.S. law.
The specific language for the Indian casino advisory vote will be drawn up by county attorney Theodore Williams. The ballot language is expected to be back before the county board Aug. 26.
Fruitport Backs LRB Off-Reservation Casino Proposal
From Indianz:
The Little River Band of Ottawa Indians won support for its off-reservation casino in Muskegon, Michigan.
The Fruitport Township Board voted 4-3 on a resolution in favor of the casino at the defunct Great Lakes Downs. Residents said they welcomed the jobs the facility would create. The tribe operates the Little River Casino on its reservation, about 80 miles from the proposed gaming site.
Get the Story:
Divided Fruitport Township Board supports casino (The Muskegon Chronicle 7/29)
Turtle Talk 
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