Judge: Seneca casino illegal
Less than a week after a New York state judge determined that the Seneca Nation is not subject to the rules and regulations of Buffalo (a tacit approval of the tribal casino under construction in the city’s downtown), a federal judge ruled that gambling is illegal on the property.
State Judge Stanley Makowski said July 3 that by virtue of the Senecas’ sovereignty, the tribe’s $333 million Buffalo Creek Casino project-the largest private development in the city’s history-is immune from government infringement.
But on July 8, U.S. District Judge William M. Skretny ruled that casino gambling cannot take place on the nine-acre site, where gambling is already under way in a temporary gaming hall.
Though Skretny acknowledged that the parcel is Indian country, he said it is not gaming-eligible because it was taken into trust after the passage of the Indian Gaming Regulatory Act. IGRA bans gaming on lands acquired after 1988, but contains an exception for lands taken into trust pursuant to a land claim settlement.
The Buffalo Creek site, in the city’s Cobblestone District, was purchased with funds from the 1990 Seneca Nation Land Claims Settlement Act.
“Sovereignty and title are not the same thing,” said Neil Murray, of Citizens for A Better Buffalo, in the Buffalo News. “Congress never intended to carve out a parcel of property in the heart of a major American city and designate it as ‘Indian land.'”
Seneca President Maurice John reacted to Skretny’s decision by saying the Seneca Nation has faced many challenges “in our 1,000-year struggle for survival. This is but another. I am confident that we will be successful in achieving the destiny of the Seneca people.”
Buffalo attorney and casino opponent Richard Lippes replied, “They can build the casino; they just can’t operate it.”
Mayor Byron W. Brown of Buffalo backs the casino project, saying it will help revitalize the city. Plans call for a 22-story hotel, 90,000-square-foot casino, 2,000 slot machines and 45 table games plus restaurants, a spa and a 2,500-vehicle parking facility. The complex is expected to employ more than 1,000 people and contribute about $7 million a year to the host community. The temporary casino, which opened with 109 slot machines a year ago, generated more than $12 million in revenues its first six months.
