Senecas Will Press On
Despite Court Ruling, Nation Will Continue Construction, Operation Of Buffalo CasinoBy Sharon Turano sturano@post-journal.com
Fact Box
''The nation will abide by the decision finally resolving this litigation, but, for now, everything is business as usual.''
BUFFALO - Despite U.S. Federal District Court Judge William Skretny's ruling Tuesday that dealt a blow to the Seneca Nation of Indians' Buffalo Creek casino, Maurice A. John Sr., Seneca Nation president, said business will remain as usual for the casino.
John said the nation intends to continue gaming operations and construction at the Buffalo casino. During a Wednesday news conference, John said the Nation, in consultation with federal officials of the National Indian Gaming Commission, found no reason in Tuesday's court decision to change course.
''The Senecas are in denial: pretending they won this case,'' said Cornelius Murray, attorney for the citizens against casino gambling.
He said continuing operations are an attempt to ''turn a sows' ear into a silk purse by pretending they (the Seneca Nation) won this case.''
Skretny ruled Tuesday in the Citizens Against Casino Gambling in Erie County's suit against the National Indian Gaming Commission. Although the nation is not a party to the suit, it is affected by its outcome. In the suit the citizens against gambling brought up two points.
The first is whether the territory on which the $333 million casino is being built in Buffalo's cobblestone district is sovereign. The judge ruled it is.
''That was cruicial to our Nation,'' said John.
The second question Skretny answered in his ruling is whether gambling can occur on the land. Skretny's ruling said gaming can't lawfully occur on the Buffalo site.
''The litigation is not final: All district court decisions are subject to appeal,'' John said.
He said the court's ruling did not include a closure order, and, he said that such an order would rest with the National Indian Gaming Commission, which is a party to the suit and the Nation is not. A final decision to appeal Skretny's decision will be made by the gaming commission and U.S. Justice Department. The commission is a federal agency that regulates Indian gaming.
''The nation will abide by the decision finally resolving this litigation, but, for now, everything is business as usual,'' said John.
''We're ready for them,'' said Murray about an appeal, adding he has not heard from the National Indian Gaming Commission, which was a party to the suit. On Wednesday, the Nation said it has hired Laurence H. Tribe to help with the legal case.
Joel Rose of the Citizens Against Casino Gambling said there could be an appeal to the Tuesday ruling, or, he said, the Senecas could ask the U.S. Secretary of the Interior to decide if there could be gambling on the site.
''There are a lot of hoops they have to jump through,'' he said about the Nation and its bid to continue to open the casino. He said, however, if those hoops include Department of Interior approval, that would give a chance for local input. Instead, he said, he hopes ''they (the Nation) just drop it.''
''The Seneca Nation has faced many challenges to our progress in our 1,000-year struggle of survival. This is but another. I am confident that we will be successful in achieving the destiny of the Seneca people,'' John said. ''Our sovereign rights to develop our enterprises on our territories are clearly spelled out in our treaties with the United States and supported by federal laws, Acts of Congress and our compact agreement with the state of New York (that lays the groundwork for three Seneca-owned Western New York casinos.) The Seneca Nation of Indians will not stand idly by while our sovereignty - and the processes and laws that support it - is challenged and attacked.''
National gaming officials said they are reviewing the decision and did not wish to comment further.
Seneca officials report a temporary Seneca Buffalo Creek Casino opened July 3, 2007 - after the National Indian Gaming Commission approved it - and has drawn more than 400,000 patrons. Construction crews are working on further development of the site. The permanent site is expected to open in 2010 and would be the single largest private development project in the history of the city of Buffalo. Its planned features include a 90,000-square-foot casino with 2,000 slot machines and 45 table games, as well as a 22-story all-suites hotel with 206 suites, restaurants and more than 1,000 employees.
