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Joyce Clark Unfiltered

For "the rest of the story"

In the May 13, 2013 edition of the Arizona Republic there is an Opinion piece written by Doug Maceachern. He doesn’t pull any punches in characterizing Ned Norris Jr.’s actions regarding putting a casino in Glendale. I find it fascinating that the Arizona Republic, whose bias is clearly in favor of the Tohono O’odham, allowed his opinion piece to see the printed light-of day.

Ned Norris Jr Tohono O'odham Nation Chairman

Chairman Ned Norris Jr.

DianeEnos Pres Salt River Pima Maricopa Indian Community

Diane Enos
Chairperson Salt River Pima
Maricopa Community

Maceachern states what many have thought or said quietly among themselves and that is Ned Norris Jr., Chairman of the Tohono O’odham Nation, deceived and cheated his sister Tribes. Only recently have the Gila River Community and the Salt River-Maricopa-Pima Community been willing to state the very same thing publicly.

No matter what way this is sliced, Norris, as the spokesperson for the TO, spoke publicly and often in favor of the Gaming Compact proposition approved by voters in 2002. All the while, he and a select few TO were secretly planning to acquire land in the Phoenix area. In fact, their secret notes from 2002 indicate that their consultant advised them a site in Buckeye was too far away (Buckeye dodged the bullet). Norris and crew must have been rejoicing (secretly).

There’s an old saying that goes something like, “white man speak with fork-ed tongue.” This time the tables are turned. Norris and the Tohono O’odham spoke with fork-ed tongue—not only to the white men but even worse, to their brothers and sisters of all of the Arizona Tribes. Before the proposed compact ever was presented to the voters all of the tribes negotiated among themselves for several years. Not once did Norris or the TO reps bring this issue forward to the sister Tribes. Not once when Norris spoke publicly did he disagree with the proposed compact or clarify what this proposal meant to the TO. Not once did Norris say we reserve the right to buy land, place it in trust and build a casino on it in the Phoenix metro area.

Never, ever again will the Tribes trust what Norris and the TO say. Their bond of trust is broken irrevocably. Why should Glendale or any other Valley community trust them? They shouldn’t. What happens when the TO buys more land in the Valley – in Phoenix, or Gilbert, or Paradise Valley – and turns it into more trust land for the purposes of putting a casino in their communities??? It could happen.

Here is the article in its entirety:

Arizona Republic, May 19, 2013

Opinions

Tohono leader’s victim act bit much by Doug Maceachern

Like egoists throughout eternity, Ned Norris Jr., chairman of southern Arizona’s Tohono O’odham Nation, wants things both ways.

In fact, if there were three ways to have it, Norris would want it three ways. Or four.

It looks likely that Norris will get his casino near Glendale, And Norris is gloating.  And playing victim.

It’s a real juggling act. And Norris is an adept juggler, especially of words. That fellow who gave us “It depends on what the meaning of ‘is’ is” has nothing on Ned Norris.

On May 7, U.S. District Judge David Campbell became the latest in a long line of federal judges to rule in the Tohono O’odham’s favor.

The gaming compacts signed in 2002 and 2003 – the ones promoted prior to the November 2002 elections as line-in-the-sand assurances that gaming in the Phoenix area would be limited to existing casinos on existing tribal lands — simply do not say anything about forbidding the constructions of an eighth tribal casino. Or a ninth. Or more.

It has been observed many times since Norris’ astonishing announcement a few years ago of his well-laid plans to build a casino palace in Glendale. Who knew?

Who knew in 2002 that the tribal compacts said zip about limiting the number of casinos in the Valley?

As Campbell wrote: “Written agreements matter.”

“Parties who reach an accord, particularly on a matter as important and complicated as tribal gaming, carefully document their agreement in writing.”

If that sounded like an insult to the compact authors, it shouldn’t be. As noted, who knew?

Who knew tribal leaders whose land extends to the Mexican border would suddenly announce that (A) they secretly owned land near Glendale; (B) they were in negotiations with the Interior Department to have the land magically transformed into trust land; and (C) there wasn’t a damned thing anyone could do to stop them from building a compact-approved new Tohono O’odham casino on their own trust land.

It comes down to this. The writers of the compacts simply did not anticipate new tribal trust land popping up out of thin air in the middle of the urban metropolis.

State compact negotiators focused on limiting the number of casinos by limiting the number of casinos allocated to each tribe. It seemed rational. The Phoenix-area tribes already had maxed out on the number of casinos they could operate. Ipso facto, no new casinos, at least for the 20-year life span of the compacts. Right?

Wrong. The Tohono O’odhams had not maxed out on their allocation. They will be able to put at least one casino, and possibly more, wherever the tribe has trust land. And recent history tells us that can be anywhere.

It’s a clever thing Ned Norris has pulled off. Even his most bitter opponents in their intertribal struggle over gambling-market share have acknowledged the infuriating cleverness of it all.

But now, Norris is pouring salt in the wounds of his opponents, playing the sensitive, unfairly attacked, wounded soul. It’s a bit much.

Norris is bent out of shape over the name of a bill sponsored in Congress by U.S. Rep. Trent Franks that is designed to block construction of his new casino. It’s called the “Keep the Promise Act of 2013,” a clear reference to the “no-new-casinos promise” made repeatedly during the 2002 campaign to give then-Gov. Jane Dee Hull authority to negotiate compacts.

“The title of this legislation suggests that I and my people are liars and cheats,” said Norris, who added that he found it “deeply offensive.”

Well. Cheeky.

Cheeky, first and foremost, to drag his people into the debate. Notes unearthed during the course of a lawsuit filed by Phoenix-area tribes against Ned’s Gambit clearly depict tribal leaders going to great lengths to keep the scheme hush-hush from all but a small circle.

But cheeky, too, to pretend to be “deeply offended.”

Norris is acting in the role of a predatory CEO out to take market share from his competitors. He is Gordon Gekko made real.

In the process, Norris has stigmatized the Gila River Indian Community and the Salt River Pima-Maricopa Indian community — his chief competitors in the market-share fight – as “wealthy interest in the Phoenix area.”

In olden days, before the lure of Sun City West matrons running slots in a Norris-built casino, those “wealthy interests” would be his brothers and sisters. How money does change it all.

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sup ct 2I preface this recitation of the legal timeline of litigation regarding the casino by saying, that IT DOES NOT MATTER how any of these suits was decided- for or against either side – because in every case the decision was appealed to a higher court. In some remaining cases further appeals of lower court decisions will occur. Any outstanding legal decisions, mark my words, will also be appealed. I believe that the final decision will rest with the United States Supreme Court. I do not know which of the issues will make its way there but one of them will. It will be several years before this issue is decided in its finality. Quite frankly, it does not matter if you and I are for or against the casino. It does not matter if the Tohono O’odham promises a million jobs. None of that matters. What will matter is some highly technical legal issue that will be the determinant of a final decision.

  • 2001  The land in question is annexed by Glendale; later that year annexation repealed and abandoned by Glendale
  • prop 2022002  Voters of state approve Proposition 202, the gaming compact; members of the Tohono O’odham actively and publicly advocated for its passage
  • 2003  The Tribe, under a shell company, Rainer Resources, Inc. buys the 134 acre parcel within Glendale’s borders
  • 2009  The Tribe announces plans to build casino with a major, state-wide Press Release and on the same day visits Glendale City Hall to announce they are coming;  In July the Tribe sues Glendale over its claim of annexation of land
  • 2010  In March the Tribe sues Bureau of Indian Affairs to compel it to take land into trust for reservation; In July the Bureau of Indian Affairs approves taking 54 of 134 acres into trust provisionally for a reservation pending outcome of other litigation and gaming approval; In September Glendale sues stating the TO needs state officers’ approval and the Gila River Tribe sues because the Department of the Interior acted improperly in deciding land could be annexed by the TO
  • judge 12011  In May Judge Campbell rules that the TO can not build a casino until all legal actions exhausted; In July a state law allowing Glendale to block TO land through annexation is struck down upon appeal; In August The National Indian Gaming Commission rejects a casino ordinance for the Tohono O’odham Nation; In September  U.S. Rep. Trent Franks offers a bill to stop what he called an “illegal” Indian casino proposed near Glendale
  • 2012  In April the 9th Circuit Court to decide two legal issues initiated by the Gila River Tribe and the State of Arizona; In June US House of Representative  passes Rep. Franks’ bill; however, the bill does not make it through the Senate and the 9th Circuit upholds one suit in favor of the TO land into trust decision; other suit still pending their decision
  • bill2013  The Gila River Tribe files suit contending the TO violated the voter approved state gambling compact; In April oral arguments heard; The decision is pending; U. S. Representative Trent introduces another bill to stop new casinos from being established after 2013

 

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casino 1Having read my previous post on the casino you should have a pretty good idea as to where the proposed casino will be sited and what people and properties will be impacted. Let’s go back in history to see what was occurring regarding the whole issue of Tribal gaming in the early 2000’s.

Long before the casino was a gleam in the eyes of the Tohono O’odham, in the mid-1990’s the land (approximately 135 acres) was owned by Jerry Kowalsky. Mr. Kowalsky and his group purchased the land in order to establish Icon Movie Studio. In tandem with submitting his plan he also started the procedure to annex the land. His plan was not approved by council. The dream died. Land that had been annexed was later deannexed by the city. His plan for a movie studio, some say, was never welcomed by the mayor. It was rumored at the time that she did not like the gentleman and did not believe he has the financing in place. Well, we all know now what a good judge of character and financial ability she turned out to be – witness Ellman and Moyes, both of whom promised much and delivered little. I supported Mr. Kowalsky’s plan. I believed it would be a catalyst to bring jobs and to cause support businesses  to locate there. Do you remember a movie, The Passion of Christ, produced by Icon Studios? It made a bazillion dollars. So much for Icon and its financial capabilities.

Ned Norris Jr Tohono O'odham Nation Chairman

Ned Norris Jr.
Tohono O’odham
Nation Chairman

DianeEnos Pres Salt River Pima Maricopa Indian Community

Diane Enos
President
Salt River
Pima-
Maricopa
Indian Community

It is widely known that since the spring of 2001 at the very latest, the Tohono O’odham was looking at West Valley locations for a possible casino site. they originally looked in the Buckeye area but their consultants advised them it was too far out and needed to be closer and in fact, suggested Glendale.While they were land shopping the talk of the state was a tribal gaming compact scheduled to go before the voters of the state in the election of 2002 known as Proposition 202. In the years previous all of the tribes in the state had met and worked collectively to hammer out the parameters of the proposed compact before bringing it to the state and the voters. The Tohono O’odham were heavily engaged in the inter-tribal discussions to hammer out this framework. Lately in court, the Tohono O’odham has been saying that they were unaware of any discussion to keep casinos out of metropolitan areas. Yet governors and legal counsel representing the tribes have flatly stated that the TO’s involvement in the process was full and robust.  In fact, Ned Norris, Jr. currently President of the TO Nation, actively and publicly stumped for passage of Prop 202 knowing full well its provisions and implications. The TO also contributed substantial funding for the publicity campaign used to persuade voters. All the while they were meeting secretly among one another to acquire land in the Phoenix metropolitan area. No wonder they wanted to retain their 4 casino allocation. They never planned to build the 4th casino in the Gila Bend area-they were too busy planning for the Phoenix area.

The following comes directly from the publicity pamphlet entitled, Yes on 202: The 17-Tribe Indian Self-Reliance Initiative, Answers to Common Questions, published and mailed to every registered voter in the state in the spring of 2001:

prop 202

According to the Prop 202 voter education pamphlet issued by the Arizona Secretary of State: “Voting “yes” on Proposition 202 ensures that no new casinos will be built in the Phoenix metropolitan area and only one in the Tucson area for at least 23 years.”

Gregory Mendoza President of Gila River Indian Community

Gregory Mendoza
President
Gila River
Indian Community

In Congressional hearings on the issue held last year Gila River Indian Community Governor Gregory Mendoza stated, “No new casinos in the Phoenix metropolitan area was a requirement made clear to all 17 tribes involved in the compact negotiations. It was a key commitment and without it there would never have been acceptance or the passage of Prop 202.”

The voter-approved Proposition 202 was rooted in three key elements:

  • Indian casinos would be kept out of neighborhoods;
  • Each tribe agreed to a specific casino allocation; some even gave up rights to additional casinos in order to limit the number within the state; and
  • Then Governor Jane Dee Hull in the Prop 202 voter education pamphlet issued by the Arizona Secretary of State, echoed the same with, “Voting ‘’yes” on Proposition 202 ensures that no new casinos will be built in the Phoenix metropolitan area and only one in the Tucson area for at least 23 years.” This was a lynch-pin issue for the Governor. Without it she was not willing to advocate for or sign a compact.

In December 2002 the Tohono O’odham and the state executed the voter approved compact and in February 2003 the United States Secretary of the Interior approved the compact. All the while Rainer Resources, Inc., a Delaware company with a Seattle mailing address acting as a Tohono O’odham shell company, secretly sought land in the Phoenix Metropolitan area for a casino.

In August of 2003, the TO under the guise of its shell company bought the land, knowing that it was within Glendale’s boundaries. Back in the 70’s there were “land wars” and each city staked out territory for future annexation. Glendale’s recognized western boundaries were set at Northern Avenue as its north boundary and Camelback Road as its south boundary. Any unincorporated land between those two boundaries could only be annexed into Glendale. The TO knew that for it had been policy and formally recognized for at least 30 years.

All that I have related regarding the TO’s actions can be found in the most recent court filing of April 14, 2013 and can be accessed by using this link: http://www.azcentral.com/ic/community/pdf/glendale-casino-case-court-filingx.pdf

bush

President
George W.
Bush

In 2003 there was absolute silence and the TO waited. Why? For a more favorable President and administration to assist them with their agena. They needed an administration to interpret the law favorably. George W. Bush, a Republican, was President at the time and his administration would not have supported the TO’s stealth move. So, they continued to wait until times and administrations became more favorable. In 2008, Barack Obama, a Democrat, was elected as the nation’s President. Good times for the TO had arrived. The tribe had waited 6 years. It was now 2008 and their time had come and they would not be denied.  Van Jones, President Obama’s former Green Jobs Czar, said this about Native Americans, “No more broken treaties. No more broken treaties. Give them the wealth. Give them the wealth. Give them dignity. Give them the respect they deserve. No justice on stolen land. We owe them a debt.”

obama

President
Barack
Obama

Almost immediately upon Obama’s inauguration, in late January of 2009, the TO literally descended upon Glendale’s City Hall and announced that they were coming…take it or leave it, like it or lump it. On January 28, 2009, the Tribe met with city staff and informed them that they had  transferred the land into its own name and had filed an application asking the Secretary of the Interior take the proposed casino site into trust so that it could be used for gaming. On the following day, the TO issued a press release with their intention to build a “Las Vegas-style” casino on the site. Two months later, city staff, having requested more specific information from the TO for their next meeting, met with the Tribe. The Tribe declined to provide any information until they had successfully secured reservation status. They knew they were now in the “cat-bird’s” seat and cooperation was not necessary to secure their objective.

So far, I have not broached the subject of the casino and its siting. Next up will be the casino and its implications for an urbanized area.

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