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Joyce Clark Unfiltered

For "the rest of the story"

Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.

I belong to an online site called nextdoor.com . This site connects neighbors to neighbors within their neighborhood as well as connecting nearby neighborhoods to one another. You can post general messages, want ads, items for sale, event notices, etc. It’s a great site and I urge you to check it out.

The other day this question was posted, “Does anyone know any updates on casino? It seems like it is in a standstill with moving forward with construction.”  It was posted to 41 neighborhoods in my general area on April 26, 2017. It was as if a bomb had gone off. It generated more replies than any other issue I have seen lately. There was not only a great deal of misinformation posted but there were replies like, “Which casino sorry Glendale?”

It’s time to offer an update on the TO casino. As of today, May 6, 2017 the last Arizona District Court minute entry was posted on February 10, 2017, 3 months ago, “MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Conference held on 2/8/2017. Plaintiff State of Arizona request a 45 day extension of the response to 263 MOTION for Attorney Fees . Discussion held. Request granted. Response due 3/31/2017 .”

As you can see from this minute entry there are procedures and pre-trial motions that must be adjudicated (settled) before a bench trial before Judge Campbell may begin. It could be months before the case is argued before the judge. In other words, it’s at a standstill.

This case revolves around the Tohono O’odham’s (TO) attempt to get a Class III license from the State of Arizona. Until this case is settled there will be nothing but bingo (and no liquor) at the Desert Diamond Casino located on a county island in the midst of Glendale, just north of the Westgate area. The temporary casino located in the Tohono O’odham’s warehouse facility will continue as the only operation on the site. Those who have visited this casino are quick to point out that it’s not on a par with Talking Stick Casino and Resort. Factually, it will never be a Class A facility unless the TO get their Class III license. Will that occur? Only Judge Campbell will have the answer when he rules on the current case before him.

Here is the comment from a local resident who used to work at this casino, “They also want to build another one up here somewhere (on the Glendale site). I don’t remember exactly but…on the east side (of the site). I think… they are fighting for both now. When it opened they told us one year to the day we would be walking into the new one. Well that passed Dec 20th.”

This resident’s comment sparked a new round of replies, “For me it was just a crappy sneaky deal all around. As I know the facts, it was a Federal land swap. The feds didn’t ask or didn’t want to ask or didn’t care to ask what their plan was for the property and didn’t put casino restrictions on it, right across the street from the high school, and didn’t inform the local government. Everybody dropped the ball letting the tribe do whatever. I don’t know what the Grand plan and or timeframe, but if they turned the entire property into a family friendly resort with pool, water park, rides, par 3 golf, hotel, etc……. I don’t have an issue with the casino.”

Or this comment, “I’m wondering if the City of Glendale was notified. Isn’t that property within the city limits? If so??? I also wonder what land did the Fed’s swap? The issue for me is if all the tribes signed an agreement not to develop a casino in an urban area and this tribe somehow managed to have the land swapped and designated as tribal land they should not be granted a full gambling license. Just my opinion.”

I must offer a little history in answer to these comments. In 2001 the state began negotiations with all Arizona tribes to craft a gaming compact. At the same time (2001-02) the Tohono O’odham were already land shopping in urban areas of Maricopa County. They formed a shell company, Reiner, which purchased the land in Glendale. This purchase was kept secretly while the TO participated in the negotiations and paid for publicity pamphlets asking voters to approve the Gaming Act of 2002. It wasn’t until the TO publicly announced their intention in 2009 (7 years later…7 years a secret closely guarded) to build a casino on a county island within Glendale that the public or Glendale knew of their plans.

It was not a federal land swap per se. The Gila River Act of 1985 allowed the TO to purchase land in Maricopa County because the federal government had flooded their land when it built a new dam. It made the TO’s land unsustainable for agriculture. No one, except the TO, believe that it was legal to purchase land for a casino in an urban area rather than adhering to the intent of this law which was to acquire useable agricultural land to replace lands that were lost to flooding.

Glendale joined in lawsuits with virtually every Tribe in the state to fight the TO casino…until August of 2014. The city sold its soul for 30 pieces of silver. It entered into an agreement with the TO agreeing to withdraw all official opposition to the project, and would adopt a new resolution expressing support for the Tohono O’odhams’ acquisition of the property and for the casino. 

The Tohono O’odhams, in exchange, would pay for any infrastructure improvements needed in the area to accommodate the additional traffic the casino would generate. It would also give Glendale a one-time payment of $500,000, and annual payments of $1.4 million, which would increase by two percent a year.

As a Glendale city councilmember it is my obligation and duty to uphold Glendale policy. If the TO were to come to the city I have a duly sworn obligation to give them a full and fair hearing without bias. This, I would endeavor to do. On a personal level that doesn’t mean I agree with or even like this agreement.  For I do not.

Another resident comment expressed, “They won’t start building until they get a class 3 license. It is supposed to go back to court in May. The state is still fighting the casino. The state needs to give it up and let them build. They are wasting taxpayers money by fighting it.” Many feel this way but they are willing to overlook the deception and extreme breach of ethics by the TO in dealing with the state and its sister Tribes during the gambling compact negotiations and during the effort to gain voter approval for the compact in 2002. These stakeholders believe the TO lied to them by having secretly already purchased land for a casino in an urban area and that is a very difficult bridge to repair. It’s an action that is precedent setting and puts every Valley city in peril for who is to say which city will become the next host to a tribal casino?

One resident offered this link to a study on the economic impact of tribal casinos. It’s a good read:

http://www.uwyo.edu/shogren/gaming%20and%20casino%20economics.htm . Finally, I end with this resident’s comment on casinos, “Casinos are, in my opinion, a tax on people bad at math. You know who you will never see in a casino? Warren Buffet, Bill Gates, Charles Koch, Michael Bloomberg, Jeff Bezos, Larry Ellison, Mark Zuckerburg… or any of the other richest people in the USA. Because they understand math better than most of us.” Maybe it would help if we all got better at math.

© Joyce Clark, 2017               

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

An alert for residents living along 83rd Avenue and 91st Avenue from Camelback Road to Bethany Home Road regarding the Planned Area Development application called Stonehaven. The applicant has submitted a revised Stonehaven development plan and has scheduled a formal Neighborhood meeting:

Wednesday, January 11, 2017 at 6:00 PM

Sunset Ridge Elementary School Cafeteria

8490 West Missouri Avenue, Glendale, Arizona 85305

The Glendale City Planner handling this case is the Glendale Planning Director, Jon Froke. He can be reached at 623-930-2585 or by email at jfroke@glendaleaz.com. Mr. Froke can answer your questions regarding the city review and hearing processes as well as the staff position once their report is complete. Below is a depiction of the Planned Area Development Land Use Master Plan. It is disappointing as the applicant is asking for more density while refusing to plan for large lots south of the Grand Canal and adjacent to Missouri Ranch (comprised of 10,000 SF lots). The largest lot size being proposed by the applicant is 7,000 SF. The applicant appears reluctant to listen to resident’s concerns about small lot sizes devaluing the property values of those who live near the proposed development.

 

 

 

 

 

 

 

 

 

I urge you to attend this meeting especially if you live in Missouri Ranch; 8300 to 8600 W. Cavalier Drive; Pendergast Estates; Camelback Park, and all areas on the east side of 83rd Avenue including Orange Drive and Montebello Avenue.

Casino Issue not settled as U.S. District Judge David Campbell denied the Tohono O’odham’s (TO) request that he rule in the tribe’s favor without going to trial. Judge Campbell said he needed more information about allegations of fraud on the part of the Tohono O’odham. The trial will be scheduled sometime between April and August of 2017 making it a full year since June of 2016 when the Tohono O’odham filed suit against the state for its refusal to grant the tribe a Class III gaming license.

In the meantime Governor Ducey attempted to settle the case out of court by proposing to grant the TO a Class III gaming license in return for its promise to build no new casinos in the Phoenix Metro area. That overture was rebuffed by the TO and seems to signal that the TO may have plans for another casino in the Phoenix area. Could they have once again purchased land secretly betting that they can get their Class III gaming license without promising to build elsewhere in the Valley? I would think any Valley city with county islands should be very, very nervous. Here is the link to a December 19, 2016 story in the Arizona Republic: http://www.azcentral.com/story/news/local/glendale/2016/12/19/dispute-over-desert-diamond-west-valley-casino-heading-to-trial/95634944/ .

Tax increment financing for the Coyotes new arena is by no means guaranteed passage in the Arizona Legislature. Rather than granting tax increment financing and incentives for the Coyotes the legislature would be well served to assist the Arizona Sports and Tourism Authority (AZSTA) in crafting new revenue streams for the sagging revenues it currently receives. The Authority has only paid out $49.2 million dollars in reimbursements toward a total of $220.7 million dollars owed to various Valley cities for their ballparks facility construction/renovation.  AZSTA has commitments to reimburse Surprise, Tempe and Scottsdale by 2007 and now estimates those repayments will not be completed until 2021. Mesa, Peoria, Phoenix, Glendale and Goodyear are not expected to receive their reimbursements until 2031 and beyond. Better the legislature develop a fix that enables AZSTA to meet its commitments for those facilities already constructed by a vast array of Valley cities struggling to find the money to pay off their debts for construction. Here is a link to the state’s latest audit of AZSTA: http://az-sta.com/downloads/files/financial/2015-special-audit-by-the-office-of-the-auditor-general-full-report.pdf . Below is a chart (page 23) from that AZSTA audit:

 

 

 

 

 

 

 

 

 

 

Anthony LeBlanc, CEO of the Coyotes, acknowledged that the legislature is “essential” for their plan. You can be sure they are already lobbying members of the state legislature. However, in past years Valley cities have also lobbied for Tax Increment Financing (TIF) only to be denied repeatedly. One of the plans floated last year by the Coyotes involved capturing portions of sales and/or tourism tax revenue in a tax district created in the area of their proposed arena. The Coyotes will have a difficult time pushing to the head of a line that relies on tourism sales tax revenues. The legislature would be well advised to create a financial fix for those facilities already in existence rather than diverting scarce resources to yet another new sports facility. The subsidization of sports teams and their venues is not a popular public topic when people are still hurting financially and have not derived economic benefits from the national recovery. Here is a link to a Mike Sunnicks article in the Phoenix Business Journal about the Coyotes plan to have the taxpayers and tourists subsidize their proposed arena: http://www.bizjournals.com/phoenix/news/2016/12/02/arizona-coyotes-arena-real-estate-group-eases.html

 © Joyce Clark, 2016        

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Apparently Governor Doug Ducey has no problem throwing the City of Glendale under the bus. Recently he offered a settlement to the Tohono O’odham. Here is a link to Howard Fischer’s Capitol Times story: http://tucson.com/news/local/tohono-o-odham-say-proposed-casino-deal-not-likely-acceptable/article_da14a03a-e2b5-5fde-aa95-87519314c89c.html . In return for the state’s recognition of the Glendale casino as well as the state’s allowance of full Class III gaming at the Glendale casino the Governor wants the tribe in essence to promise not to build any other casinos in the metropolitan areas of  Phoenix and to limit gaming to the TO tribal land that existed in 2003. Gee, as a Glendale resident, I want to say, “Thank you, Governor.” The deal, in order to obtain buy-in from the other tribes, gives the tribes an increase gaming operations which means increased revenue for them.

The Tohono O’odham (TO) is reluctant to agree. They are betting that Judge Campbell, who is scheduled to hear arguments in mid-December on the TO’s lawsuit to compel the state to grant it Class III gaming, will rule in their favor. The TO assumes it will win this lawsuit and get Class III gaming in Glendale. The TO’s anticipated win of this current law suit allows them to retain the legal option to open casinos elsewhere in the Phoenix metro area.

A little refresher on history is needed. In 2002, the voters of the state approved a Gaming Compact between all tribes and the state for the purpose of gaming regulation at tribal casinos. The 2002 deal gave the tribes the exclusive right to conduct casino gaming in Arizona and was sold to voters on the promise that gambling would be restricted to existing reservations and that there would be no new casinos in the Phoenix area.

In the meantime, the TO, while actively encouraging voters to support the 2002 gaming compact, were already planning on breaching it. Prior to 2002 they were secretly and actively seeking land for the purpose of planting a casino in Maricopa County. Their original consideration was to purchase land in or around Buckeye. Buckeye dodged the bullet when the TO’s consultant opined that the site was too distant from the major urban centers of Phoenix. They settled on a county island in Glendale, close to city’s newly announced (in 2002) Westgate site as an entertainment district. They bought the land under a shell company and for seven years they kept it secret while Glendale invested millions of dollars into the development of Westgate. On the day in 2009, when they made their public announcement of their intent to build a casino in Glendale, they marched into city hall and in essence told the city they were coming and there was not a darned thing it could do about it.

For years, Glendale and the Salt River-Pima-Maricopa tribe and the Gila River tribe brought lawsuits against the Tohono O’odham. It has only been lately that Glendale’s city council dropped its opposition to the TO casino in return for 30 pieces of silver.

Here is the Arizona Republic’s latest editorial on the issue: http://www.azcentral.com/story/opinion/editorial/2016/11/30/tribal-gaming-settlement/94698276/ .

Everyone , to this day, believes the TO’s West Valley casino was a breach of the spirit of the 2002 agreement with voters that created the plan for limited tribal gaming. The tribes believe the TO breached their trust. Over the past 8 years the TO has created controversy, innumerable legal battles, enormous cost and a great deal of distrust regarding its word to its sister tribes and the voters of the state.

The TO’s response has been to say that it wants to consider all proposals using the Arizona Indian Gaming Association (AIGA). Here’s the rub. The Gila River Indian Community and the Salt River-Pima-Maricopa Indian Community resigned from the AIGA in May, 2016, saying, “actions of the Tohono O’odham Nation to secretly develop a casino in direct opposition to the promises made by AIGA and other tribes has destroyed AIGA’s unity and undermined the principles of the organization.” Obviously the TO’s suggestion is not going to happen but it certainly provides the TO with convenient cover.

What to make of this latest volley? It is clear that no one on this planet trusts the Tohono O’odham’s word.  The only reason the state is willing to grant the long-coveted Class III gambling license is because Governor Ducey wants a signed, legal document  (promise) from the TO that they will not build any more casinos in the greater Phoenix metro area. The TO’s word is worth nothing and their signature on a contract may not be worth much more (do you see future law suits?).

In the meantime the TO wants its cake and to eat it too. They are cocky. They’ve won nearly every law suit. They have convinced themselves they will win this latest one. If they do, they will get their Class III gaming without having to promise anyone that they will not build more casinos in Maricopa County. Uh, oh, watch out Mesa, Scottsdale, Tempe, et. al. A Tohono O’odham casino planted in your town may be in your future! Can anyone say, “Las Vegas?”

© Joyce Clark, 2016        

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

It has been 18 years and 70 days since the city’s pledge to build the West Branch Library.

On Sunday morning, February 14, 2016, Fox 10 presented its weekly show Newsmaker Sunday. Here is the link: http://www.fox10phoenix.com/newsmaker-sunday . Guess who is one of the sponsors of this show? You would be correct if you said Desert Diamond Casino. So we already know how this show is going to go. John Hook is the moderator and his guests were none other than Councilmember Sammy Chavira and Trina Parvello, Director of Public Relations, Desert Diamond Casino. Hook, as will be seen, obviously had a difficult interview on his hands. Neither spokesperson appeared to be the brightest bulbs in the pack.

Hook asked Ms. Parvello how the Tohono O’odham Nation finally prevailed. Ms. Parvello attributed their success to “tribal leadership; the right to build a casino at that location and community support.” To many people it was tribal leadership based upon deceit; there was no “right” to build in Glendale under the state compact and majority community support came from Peoria and Avondale rather than Glendale.

Mr. Hook then asked Sammy if he supported the casino all along. Sammy said, “Oh yes sir. Even well before I was elected I supported the efforts of the Tohono O’odham Nation and uh…” Sammy certainly did support the TO and they repaid him with a boat load of campaign mailers.

When Hook asked Sammy how many jobs the casino created he said, I’m going to defer to my expert on that (referring to Ms. Parvello).”  Her response was, “…up to 600 jobs…”  

Hook asked Sammy what people in Glendale were worried about with reference to the casino. Sammy replied, “From my perspective it all started with misinformation. And it all, uh, started with, uh, the Nation not having their say, their time in the light to give their part of the story. And, uh, it wasn’t until, ah, 18 court cases later and I wish you were a baseball player because if you were you’d be batting a thousand. And the thing is, even with all that, you’re right. It was part of a bureaucracy. It was part of people thinking that, uh, that, uh, it wasn’t something that the Nation should do.” How’s that for being a responsive answer?

Chavira was asked what was the reason that all of those powerful politicians did not want a casino in Glendale. His response was, “Well, like I say, all of the above; politics, self interest. The longer a fight lasts the more billable hours you have depending on which side you’re on. But at the end of the day, the ones who suffered were the citizens. Ah, I mean just from jobs, from the economic impact we’re having not only in Glendale but in the whole West Valley. What people seem to forget is that the casino is already a sovereign nation and it’s on unincorporated land surrounded three sides by the City of Glendale and on the north side by the City of Peoria.” The mind freezes as one listens to him. I guess we can blame this entire issue on the lawyers. How Sammy can cite the great economic impact to Glendale now and later in the interview admit there is no way to gauge its impact is mind boggling.

Hook asked Sammy if the NFL was skittish about the casino and if the NFL supported it. Chavira responded, “I can tell you I heard nothing from the NFL on that issue. Me, personally, I didn’t hear anything. Trina, did you hear any concern from them?” Ms. Parvello neatly sidestepped the entire issue by saying, “…they are supportive of the community…” As for Sammy the NFL probably never even heard of him much less communicated anything to him.

Hook asked Chavira if people opposed the casino because it threatened the integrity of the neighborhood. Sammy responded, “Yes, it ran the gamut. It ran (sic) the integrity of the neighborhood, being across the school, uh, a street from the high school. Um, such things as it would bring crime, unsavory people and um…”

Hook asked Chavira if he had heard anything from his constituents. Sammy said, “Ok, well, I haven’t received anything negative from any of my constituents.” Could it be because Sammy has been unreachable and invisible to his constituency?

Hook asked Ms. Parvello if the Nation contributes to the larger community. She responded that the Nation has a strong responsibility to the community. However she failed to mention that it is mandated through the state compact that a percentage of their net must go to the non-profits and communities throughout the state. It is distributed through a grant application process.

Sammy was asked how much does Glendale benefit from having the casino in terms of dollars. He responded, “Well, right now because of the Nation being an entity that’s a sovereign nation, um, they don’t get taxed. But at the end of the day what happened, the agreement was to receive a payment from them annually. For how many years, Trina?”  She said, “Throughout the life of the compact.”  You would think Sammy would have prepared for this interview by obtaining some facts and figures instead of continually punting to Ms. Parvello.

Hook again asked for clarification about the financial benefit to Glendale and Sammy melts down by saying, “So what we’re doing now is that we’ve moved forward with our partnership. But at the end of the day, um, where we’re at today is…sorry, I lost my train of thought.”

Hook responds with that’s ok but will there be money going to the city? Sammy, in an attempt to recover says, “Oh. Absolutely. I’m, I’m, let me apologize for that. The money we will be receiving…Let me take you back to the liquor license. Liquor is, is, is taxed, is taxed by the state before it even goes to the, uh, store. Well, at the end of the day, now we’re having an opportunity. We’re avoiding an opportunity to make money by not letting us have that liquor license. So right there, we, I don’t think we’ll have a metric to measure the economic impact the casino is gonna have on the entire West Valley.” Can you figure out what Sammy said?

Ms. Parvello was asked how many jobs would be created at final build out and her answer was, “1500.”  Hmmm…that’s a far cry from the figure of 6,000 jobs the TO has used routinely.

Thank God this show runs at the ungodly hour of 5:30 AM on Sunday mornings. The viewership is probably 3 people. I bet John Hook wishes this is one of the interviews that could be erased forever. So much for the Fox slogan of “fair and unbiased.”

“At the end of the day,” sorry Sammy. We “lost our train of thought.”

© Joyce Clark, 2016

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

It has been 18 years and 42 days since the city’s pledge to build the West Branch Library.

In reviewing documents related to the casino I came across an issue about which I had previously not paid much attention. In the transcript of the December 7, 2015 oral arguments before the U.S. Court of Appeals for the Ninth Circuit in the case of State of Arizona vs. Tohono O’odham Nation the judge asked both sides a series of questions. Here is the link:  http://cdn.ca9.uscourts.gov/datastore/media/2015/12/07/13-16517 .

At issue is the ability of the Tohono O’odham Nation (TON) to place all of its permitted casinos on unincorporated land (county islands) in Maricopa County. Pratik Shah, attorney for the Gila River Indian Community, said on page 4, “under their (TON) reading, they could simply move all four casinos to Phoenix because Phoenix is 50 miles outside of Tucson.”

On page 8 of the transcript Seth Waxman, attorney for the Tohono O’odham Nation (TON) stated, “Mr. Shah is quite correct that in general what the compact says is, the nation may game on any of its Indian lands including lands covered by Section 2719.”

Further evidence of the TO’s very likely intent to locate all of its casinos in the Phoenix Metropolitan Area can be found in the March 16, 2012 deposition of Daniel Quigley, a TON attorney who has represented either the TON or its entity, the Tohono O’odham Gaming Enterprise, almost continuously since 1993. His deposition was taken with regard to one of the numerous lawsuits. In this case, it was the State of Arizona vs. Tohono O’odham Nation.

A small tutorial on lawsuits is in order. Attorneys for either side can file motions asking that something be included or excluded or for a continuance. Prior to the actual trial there is a discovery phase. Each side can request documents and take preliminary testimony from potential witnesses in the form of a deposition. The attorney representing the side that requested the deposition does the questioning.

Mr. Quigley negotiated the state gaming compact on behalf of the TO. Since 2003 he has been general counsel of their gaming enterprise entity. When he joined the law firm of Rushing Lopez & Lizardi, PLLC., the TON followed him and is currently a client of this firm. He is also the attorney for Rainer Resources, a wholly owned TO entity. It was Rainer Resources which bought the land in Glendale in 2002 and held it until the TO made their 2009 public announcement of their plans to develop a casino in Glendale.

Mr. Quigley grudgingly gave up information and often claimed attorney-client privilege. However, some of his answers were very telling. On page 19 he is asked if the TON owns other properties. Based upon the following line of questions it appears that the TON already does own additional properties. The 64 dollar questions are where? On county islands? How many? That is information the TON did not and will not give up.

  1. Q. “Other than what I’ve already asked you about,  are there any other fee lands that the Nation has an interest in?”
  2. A. “Yes.”
  3. Q. “What are those?”
  4. A. “I am aware of the property that we’ve been referring to as the West Valley Resort property in this litigation.”
  5. Q. “Anything else?”
  6. A. “I’m sure there are, but I’m not familiar with them.”
  7. Q. “How can you be sure there are if you don’t know specifically what properties they are?”
  8. A. “My best guess is that the Nation owns additional real estate beyond those.”
  9. Q. “And what do you base that on?”
  10. A. “I believe in the past, I’ve seen records of fee ownership of land.”
  11. Q. “How many additional pieces of real estate, approximately, do you believe the Nation owns?”
  12. A. “I don’t know.”
  13. Q. “How many have you seen records of?”
  14. A. “I don’t know.”
  15. Q. “Can you give me an approximate number?”
  16. A. “A couple.”

Another line of questioning on page 65 deals with the Tohono O’odham never specifically mentioning the possibility of acquiring additional land in the Phoenix metro area to be put into trust for the purpose of gaming during the time that voter approval was sought for the state compact.

  1. Q. “Because everybody knew that casinos had to be located on the Indian lands of the tribe, and the tribe had specific Indian lands in the vicinity of Case Grande, Florence, and Gila Bend. And I’m asking you, when you referred to each of those three areas, did you mean to be referring specifically to Indian lands that the tribe already had in trust?”
  2. A. “No.”
  3. Q. “How would somebody involved in those conversations have known that you were referring to something more broadly than those specific lands that the Nation already had in trust?”
  4. A. “Because the vast majority of the people who were involved in those conversations would have understood the ability to acquire additional Indian lands.”
  5. Q. “And how would they have understood about the ability to acquire additional Indian lands?”
  6. A. “Most of them would have read the IGRA (federal Indian Gaming Regulatory Act).”
  7. Q. “But that doesn’t—the IGRA doesn’t give anybody any specific right to acquire additional Indian lands. Right?”
  8. A. “No, it does not.”

On pages 87-89 the line of questioning corroborates the TON’s belief that it can locate additional casinos in the Phoenix metro area. Mr. Quigley asserts the same belief that can be found in the above reference to the judge’s questioning of the TON’s attorney Seth Waxman in December of 2015.

  1. Q. “Is it correct that under the Nation’s interpretation of the Gila Bend Act (IGRA) and the compact, it could, if it so chose, and if this made economic sense, close all of its existing facilities and locate four casinos in the Phoenix market?”
  2. A. “With the exception of the limitation on a fourth facility, if the Nation operates four facilities, the compact has no limitations on where the Nation’s Indian lands it can place its facilities other than the mile-and-a-half restriction.”
  3. Q. “So if – if, for example, the Nation were to acquire under the Gila Bend Act (IGRA) and have taken into trust parcels of land that were – it’s understood if they were taken into trust, they would be on unincorporated land on county islands or directly across the municipal limits of Chandler, Mesa, Tempe, and Scottsdale, that would be acceptable under the Nation’s view of what the compact limitation are with respect to the location of facilities?”
  4. A. “What do you mean when you say ‘that would be acceptable’?”
  5. Q. That would be legally permissible. It’s the Nation’s position that that would be allowed by the compact?”
  6. A. “If the Nation acquired lands under the Gila Bend Act (IGRA) in the locations that you specified, and if those lands were taken into trust, and if those lands were eligible for gaming, then the compact, I believe would allow the Nation to conduct gaming on those lands, assuming they met the requirements of the mile and a half between facilities and the met the requirements for the fourth facility.”

Clearly both attorneys representing the Tohono O’odham Nation, Waxman and Quigley, hold the legal opinion and have counseled their client such that the TO can establish additional casinos in the Phoenix metro area. We know that the TO owns additional land in the area. We don’t know how much or where. It may just be a matter of time. If the TO prevail against the state in court and is granted a liquor license at the Glendale casino, katy bar the door…more casinos will come.

Did you know that there are approximately 200 parcels of unincorporated land (county islands) in the Phoenix metro area? The TO used a shell company to buy the land in Glendale and they could do the same to acquire additional parcels. Are you ready to have a casino near your neighborhood in Phoenix, Scottsdale, Tempe, Chandler, Gilbert or Mesa? It may happen.

The consequences of such action would be catastrophic. It would provide incentive needed by the state legislature to open gaming to non-Tribal entities. If they were to do so the state would receive sales tax, property tax, etc. from non-Tribal casinos. It makes the prospect very attractive at a time when revenues often times do not cover all of the state’s needs. Currently there is no tax per se paid by the Tribal casinos. Under the existent compact there is what is defined as “tribal contributions.” They are distributed as follows:

  • 12% distributed by the Tribes to the cities, towns and counties of their choosing for community services and public safety programs for local governments
  • The remaining 88% of the Tribes’ total annual contribution goes to the Arizona Benefits Fund on a quarterly basis and provides funding for the Arizona Department of Gaming and the Office of Problem Gambling. The remaining funds are distributed as follows:
  • 56% to instructional improvement for schools
  • 8% to trauma and emergency care
  • 8% to Arizona tourism
  • 8% to wildlife conservation

It would blow up the existent voter approved state Gaming Compact of 2002 and would make it very difficult to negotiate and to seek voter approval on a new compact as voters would be reluctant to rely on any public statements about its provisions. After all, it was sold to the voters with the promise that “there would be no new casinos in the Phoenix Metropolitan Area.” As Mr. Quigley stated on page 177 of his deposition, “I do not think it would be a fair statement to say that one could rely on any statements in there (referring to the 2002 voter information guide) as necessarily being correct.” If the TO has a bridge to sell, would you buy it?

© Joyce Clark, 2016

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It has been 18 years and 19 days since the city’s pledge to build the West Branch Library.

You might have noticed that I have not written any blogs for a month…over this holiday season. It seems that preparing a scrumptious Thanksgiving dinner and Christmas got in the way. By the way, I love Amazon. This year, for the first time, I was able to do all of my Christmas shopping online. It is also a time of year when everyone, even governmental agencies, seems to go on hiatus. Everything seems to take a backseat to celebrating the season. I wish everyone a Happy New Year and may it be all that you hope for.

One noteworthy event occurred on December 20, 2015 when the Tohono O’odham (TO) celebrated the grand opening of its Desert Diamond casino in Glendale. The day it opened I happened to be at the Target/Kohl’s shopping center in Peoria directly north of the casino. As I was approaching one of the stores I overheard a conversation between several women. The first pair of women asked the second pair if they had gone to the new casino. The second pair answered with, “Yes, we did. It’s a rip off. We won’t be going there again.” I wanted to ask the second pair some follow up questions but I didn’t want to intrude on what appeared to be a private conversation albeit able to be heard by passersby.

It’s a good time to note that there are still outstanding issues with the casino. First and foremost, although the effort to fast track a vote on the Keeping the Promise Act in Congress failed, it is not a dead issue and will, in the future, come up for that all important vote before Congress.

In the meantime the TO and the State of Arizona (namely the Department of Gaming which regulates the voter approved Gaming Compact of 2002) are still in court. To date the state has not granted a liquor license for the TO facility and it appears that the TO are not likely to obtain one in the near future. In addition the TO have only bingo slot machines (Class II) on site as the state has not approved Class III gaming at the facility. If you are looking for table games such as poker you will be sorely disappointed. Until these issues are resolved legally what you see at the facility is what you get. It’s not very impressive.

Another negative is the attractiveness of the facility itself. It was planned and built as a warehouse but is being used as the site of the temporary casino. It cannot be described as a first class facility and looks as if it were built for its intended purpose, a warehouse. It’s certainly no Talking Stick and the site surrounding the casino has not been landscaped. So if you like looking at dirt, there’s plenty to see.

I, and many others, still remain hopeful a successful congressional vote or a successful legal decision in favor of the state will put the final nail in this casino coffin. For all of those who are waiting for dollars to roll into governmental coffers…forget it. The TO, as with all other tribal gaming facilities, are not required to pay any federal, state, regional or local taxes. It is also important to be mindful that if a traffic accident or any other unsavory event befalls you on the TO’s reservation you are subject to their law and their interpretation of such.

© Joyce Clark, 2016

FAIR USE NOTICE

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Please note: Tom McCarthy very recently passed away. Tom had been a voice in Glendale for many years and was well known in our community. He was a first rate attorney and long-time advocate for downtown Glendale. He was a gentleman and most certainly, a scholar. He will be missed. My condolences to his wife, Diane McCarthy. Your family and Tom will be in my prayers as well as those of many Glendale residents. I am so sorry for your loss, Diane.

It has been 17 years and 317 days since the city’s pledge to build the West Branch Library.

I had planned to post this blog yesterday afternoon but then Paris. It just didn’t seem appropriate. Many people share their speculations with me. Lately, rumors and speculation abound about  Councilmembers Chavira and Aldama and yes, sadly…disgraced former Councilmember Sherwood.

There are no hard facts in this blog but rather a compilation of rumors and speculation melded together from a variety of sources. Let’s begin with the Sahuaro district. At this moment things have quieted down but don’t expect it to last for very long. Sherwood claims he will run for his Sahuaro seat again. That may be problematical for him. He has lost a great deal of support and previous donors to his campaign coffers are fading into the political mist. The fire union is frantically looking for someone to run against newly elected Sahuaro district Councilmember Ray Malnar. Don’t be surprised if a Phoenix Deputy Fire Chief, Larry Contreras, whose move into the Sahuaro district was publicly announced by Chavira, becomes their candidate of choice.

In the Yucca district voters will choose a councilmember on November 8, 2016. Expect events to heat up there as well. Rumors have it that current Councilmember Chavira will not run for reelection. Instead, there is speculation that the Tohono O’odham will hire him for a position perhaps as Marketing & Communications Director or Public Safety Director (he seems qualified for neither). It appears that Sammy’s support of the casino may have paid off for him big time. A competing camp believes that under the mentorship of Ruben Gallego, newly elected U.S. Congressman representing Arizona’s 7th District , Chavira may run for the State Legislature providing the fire union some representation in that body.

All of these rumors led me to do some speculating of my own. Now, imagine this scenario, Chavira and Aldama are very close…buddies. We know that Aldama wants to run for mayor so badly it hurts. Everything he does as a councilmember seems to be specifically designed for that goal. Right now Aldama is on a different election cycle. If he were to run for mayor he would have to resign from his council seat and he would no longer enjoy the power of incumbency to assist him. But what if he could stand for reelection in the same cycle as the mayor? With a little shuffling it could happen. Imagine his buddy, Chavira, giving Aldama a heads up that he is not running again way before he announces that publicly. Aldama, as Ocotillo district Councilmember, claims his residency in the Ocotillo district as required by law. But he has a perfectly good home in the Yucca district (where everyone believes he lives) and he could pull a nominating packet to run for the Yucca district council seat right now. If he were to win the seat it would put him up for reelection in 2020, the very same time the next race for Glendale’s mayor would take place.

If you live in the Yucca district and have always harbored the desire to run for city council, get ready. Without Chavria running, the seat will be wide open (even if Aldama decides to run for this seat). The next election is exactly a year from now. Call the Glendale city clerk and ask when nominating packets can be pulled.

They say that truth is stranger than fiction. If even a smidgeon becomes reality it will be a strange Glendale indeed. For political junkies it makes for interesting conversation.

Lastly, food for thought: People tend to gravitate to and associate with like-minded people. Over the coming months take note of just where Mark Burdick in his run for mayor is getting his support…Frisoni, Aldama, Chavira…hmmm…

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

It has been 17 years and 307 days since the city’s pledge to build the West Branch Library.

On November 3, 2015 the voters of the Sahuaro district dealt a political death blow to Councilmember Gary Sherwood by voting for Ray Malnar to replace him. The unofficial vote total has Ray Malnar winning with 53.61%. There is no doubt that Sherwood caused his own demise. How?

Sherwood was elected in November of 2012. For three years his actions and votes have raised questions. One of the major centerpieces of his campaign was his strong opposition to the Tohono O’odham casino in Glendale. As a result of his position the anti-casino forces paid for independent expenditures supporting his run. He also ran pledging fiscal conservatism in managing the city’s arena. It didn’t take him long to renege on both elements of his platform.

Within a year of his first term he reversed his position on the casino and became its strongest advocate. When asked why, his answers were consistently vague and seemed to center around learning “new information.” When queried on what information and from whom, he never offered a clear and convincing explanation. There was also the nagging assumption by many that he had swapped his positive vote of support for the casino with Councilmember Chavira’s positive vote of support for the IceArizona arena management deal.

Sherwood ran supporting his constituency’s opposition to continuing the practice of exorbitant financial payments to operate the city’s arena. Inexplicitly he advocated for the IceArizona management deal at a cost of $15 million a year. His actions in connection to this support gave rise to an alleged complaint (eventually dismissed) to the Arizona Attorney General’s office regarding his divulging of executive session information. He seemed to have developed a pattern of deliberately supporting big money interests over the voices of his constituents. It was a pattern soon to be repeated.

In the matter of Becker Billboards Sherwood was a prime advocate for their interests while he once again ignored his constituency. It left a bitter taste with his constituents and now they were becoming alarmed about his lack of support for their views. His failure to connect with his constituency became an issue of contention with the proposal to sell the Foothills Branch Library. He failed to notify them of meetings on the issue usually until the day before a scheduled public meeting. He bragged about a luncheon meeting he had arranged with the Kathleen Goeppinger, President of Midwestern University, proposed buyer of the library.

He seemed to be very proud when he declared in a council workshop meeting he had met privately with one candidate under consideration as Glendale’s new city manager, Brenda Fischer. Many people were astounded that he would have done such a thing. He was her strong advocate and after she was hired he seemed to receive preferential treatment not only from Fischer but from her inner circle, including soon-to-be Assistant City Manager Julie Frisoni. It was seemingly obvious that Sherwood and his coalition of councilmembers had the ear of Fischer and her inner circle while those who opposed Sherwood and his positions were frozen out.

Sherwood appeared to be needy…he wanted to be recognized as a “major player,” locally and regionally.  He seemed to revel in the attention he received from Anthony LeBlanc, et.al, when they were seeking approval of their arena contract. After the management contract was signed he was observed lurking about at Coyote Town Hall meetings trying to catch LeBlanc’s attention until he was recognized and praised. Did he know observers reported members of IceArizona not only ignored him after securing the contract but apparently they ridiculed him as well?

When it came to Becker billboards that stakeholder group had contributed significantly to Sherwood’s campaign and so, he seemed to reciprocate by advocating for them. Again, Sherwood seemed to ignore his constituency’s overwhelming opposition to the billboards in favor of those who generously contributed to his campaign coffers. Then there are the countless recitations by many on the 4th floor of city hall who heard Sherwood’s declarations that he was the “real” mayor of Glendale. Many city employees thought he was arrogant and dismissive of them.

The nail in the proverbial coffin was his apparent belief that he was above the law. He accumulated at least 6 driving citations in a relatively short time period and then failed to follow through in fulfilling his responsibilities for those actions eventually leading to a state-wide warrant for Failure to Appear. This issue was resolved only after it was publicly reported that he was caught with his hand in the proverbial cookie jar. In a recent press release he admitted to using city funds to rent a vehicle while driving on a suspended license and pledged to reimburse the city.

After all of his purported foibles, who wanted Sherwood to remain in office? The largest supporter of keeping Sherwood in office was Phoenix Firefighters Local 493 Fire PAC Committee (responding to the bidding of its sister Glendale union) having contributed $14,000 to an Independent PAC called Citizens for Safety and Education run by a long time fire union activist, Mike Colletto. Between October 2 and October 14, 2015 the independent committee spent $11,412.96 advocating for Sherwood’s retention. By the way, per usual, Sherwood was late in filing his latest campaign expense report. He raised nearly $40,000 ($39,810.30). Of note, that’s twice the amount that his opponent, Ray Malnar, raised ($18, 800). Sherwood’s big money contributors were: Mark Becker – $3,000 on 9/9/15; the Tohono O’odham – $6,250 on 10/8/15; Nick Wood (an attorney for IceArizona) – $1,500 on 10/8/15; Jason and Jordan Rose (Becker billboards was/is a client) – $1,000 on 10/17/15; and members of the Molera Alvarez political consulting group – $1,000 on 10/21/15 and 10/22/15. Let’s not forget PAC contributions, much of it union money, totaling $28,000:

  • Arizona Pipe Trades               $10,000                             9/11/15
  • IBEW Local 640                        1,000                              9/15/15
  • Republic Services, Inc.                 500                              9/15/15
  • Iron Workers Local 75               2,000                              9/16/15
  • Phoenix Firefighters
  • Local 493 Fire PAC                    1,000                               9/16/15
  • Surprise PRO Firefighters
  • PAC                                         2,000 (cumulative)            9/16/15
  • United West Valley
  • Firefighters                               2,500 (cumulative)           9/16/15
  • Pinnacle West PAC                        500                              9/21/15
  • Gilbert Firefighters                    4,000 (cumulative)           10/14/15
  • United Mesa
  • Firefighters                               4,500 (cumulative)           10/14/15

Why has Gary Sherwood become the first councilmember ever successfully recalled in Glendale’s history? Despite the tremendous fire union financial and manpower support as well as the financial support of “big money” interests, Sherwood ignored the voices of his constituency and demonstrated that he was apparently more willing to support the interests of those who contributed generously to his campaigns. You can be sure Sherwood will place the blame on “outside interests” such as casino opponents but Sherwood was the architect of his own political demise by making choices that seemingly benefitted him in the short term while ignoring long term consequences. He died politically by a thousand, tiny cuts self inflicted as he made choices that seemed to benefit only himself. Sherwood has no one to blame but Sherwood. He made his choices and has been made accountable for them by his district’s voters. In commenting on his loss Sherwood said he plans to run again in November of 2016. Albert Einstein once said, “Insanity is doing the same thing over and over again and expecting different results.”
Sometimes…every once in awhile…the good guys do win…

© Joyce Clark, 2015

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It has been 17 years and 301 days since the city’s pledge to build the West Branch Library.

Once again the Glendale Star’s bias is showing. An October 23, 2015 story by Carolyn Dryer, editor, bemoans the fact that it looks like House Resolution 308, the Keep the Promise Act introduced by Representative Trent Franks, will soon come up for a successful vote in the Congressional House of Representatives. Here is the link: http://www.glendalestar.com/news/article_9a937bea-79d8-11e5-b35d-6b9c5634463d.html .

The House has essentially passed the same bill two times previously with bipartisan support.  It is said, “the third time’s a charm.” Let’s hope so. Once the House passes the bill it moves to the Senate. A Republican majority provides a strong chance that it will pass there as well.

One should note that the Glendale Star was obviously provided a copy of a letter by Representative Raul Grijalva, an opponent of the bill, sent to House Majority Whip Kevin McCarthy. Grijalva’s letter is quoted extensively as he requests procedures designed to delay or kill the bill.

The Star also attempted to gain an interview with the House Majority Leader and is quoted as saying, “I realize we are not a national network probing for the truth, but we are a media outlet that is trying to educate our readers.” Unfortunately, there are two glaring errors in their statement. The Star appears to be a long, long way from “probing for the truth.” Oh wait, it’s probably their version of the truth. They also represent themselves as “trying to educate our readers.” That, too, appears to be fudging. If there really was a genuine attempt to educate the reader, the article would have been more balanced with statements from casino opponents as well as proponents. Instead it’s just another vehicle of support for the Tohono O’odham.

Don’t you find it interesting that the Star wrote a blistering editorial condemning Councilmember Sherwood’s actions flaunting the law yet seems to look the other way when it comes to the Tohono O’odham’s flaunting of the law and their casino?

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

It has been 17 years and 271 days since the city’s pledge to build the West Branch Library.

NOTE: You may have noted that I haven’t posted blogs lately. More trips to California on personal business interfered. In addition, on one of my usual forays into the koi pond to trim pond plants I fell not once, but twice. It was the second fall that put me out of commission for I broke my fall into the water with a hand. Luckily, due to the strong bones I inherited, I didn’t break anything but I did do damage to my wrist and arm. It was just enough damage to incapacitate me for a few more days…sigh. My invincibility gene was malfunctioning that day.

Recently Judge Campbell, tasked with making local judicial decisions on all things Tohono O’odham casino related, issued another decision. The Tohono O’odham (TO) filed a motion to compel the state to issue it a Class III gaming license. Currently the TO have the right to install Class II (bingo type) gaming equipment but to use Class III equipment it needs state approval. It is generally believed that Class II gaming is not as lucrative as Class III.

Judge Campbell noted the court “has never held, as the (tribe) argues, that the State’s allegations of fraud… lack merit.” This may be the crux of the entire legal situation. Ned Norris, Jr., previous Chairman of the Tohono O’odham, has never once denied or refuted the charges of deception leveled against he and his Tribe allegedly committed against the State of Arizona, the Governor and the voters. Fraud and misrepresentation appeared to be woven into every decision made by the Tohono O’odham. They bought land in Glendale on a county island and kept it secret for 7 years. They funded and actively participated in the campaign to convince Arizona voters to approve the State Compact. They betrayed their sister tribes and the people of the state of Arizona. They had a plan which they shared with no one while advocating for the state gaming compact.

Many who oppose the casino believe as Judge Campbell noted that there is merit to the state’s allegations of fraud. During the campaign to convince voters to approve the State Gaming Compact in 2002:

  • Not once did the TO reveal that they had been secretly land shopping for a new casino site in Maricopa County and even considered a land purchase in Buckeye.
  • Not once did the TO reveal that they had secretly acquired land in Glendale for a casino using a shell company.
  • Not once did the TO reveal that they secretly held land for a new casino for 7 years.
  • Not once did the TO reveal that they planned to violate the promise to voters to limit the number of casinos in Maricopa County.
  • Not once did the TO reveal to its sister tribes its plans for a new casino in Maricopa County.

In 2009 the Tohono O’odham publicly announced its plans and shock waves rippled throughout the state. Their action, if ultimately successful, will blow the state gaming compact apart as  new precedent is set. If and when the compact is finally trampled on by the TO, the specter of new casinos (Indian and non-Indian) on other county islands looms large. Is it any wonder that other Valley Metro cities are concerned and have voiced their disapproval of the TO’s actions? They don’t want a casino in their neighborhoods any more than the people of west Glendale want a casino in their neighborhood.

Judge Campbell has demonstrated that the Tohono O’odham can’t win ‘em all. Allegations of fraud and misrepresentation may be the undoing of the TO and may turn out to be the most important point of law still untested.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

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