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
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wow need to go back and see how many times we have lied to the Native Americans, and broke treaties we signed with them. All it is power and control, and money.
Why is it that instead of speaking to the current issue, proponents of the casino, when they have no argument, fall back on mistreatment of 100 years ago?
Continuing the cycle of hate thtought invoking the past makes it easy to blame other for our wrong doing.
I have been against the casino right from the beginning but there are so many people that cannot see past their personal want of a casino to see the damage that it does to a community. I love casinos but to place one in an area with schools, churches and homes close by can only cause problems down the road. I am so happy they are running into some court problems to slow them down.
The other point I think is so important, the City of Glendale has really got to look at the integrity of the TO nation. If they can completely turn their backs on their sister nations and break pacts that have been in place with those they share a heritage with, what makes the COG think that our contracts and promises won’t be just as easily ignored and trod on. These are not honorable people. They knew the Courts were going to be a problem, but they continued to build anyway The Council members want to get rid of healthy sports in the area and replace it with a “money making” casino that really brings in people from all over the U.S. that these same people in charge would not allow to walk around their neighborhoods.
And I am so tired of people bringing up promises and treaties broken over a 100 years ago, when there were no laws, or injunctions or anything in place to prevent this. It’s like going back into everyone’s family tree and seeing that everyone has ancestors who did things you wouldn’t be proud of today. But it is the present now and we can only be responsible for what we do and what we allow to happen now.
They also never once revealed that Congress had passed a law in 1986 giving them the right to purchase land and convert it into reservation “for all purposes.” They never revealed because the right was known by all involved — mostly lawyers, lobbyists and government negotiators — and the negotiators couldn’t get agreement to prevent it. If you apply a Sarbanes Oxley standard to what the TO’s did, they had no obligation to reveal anything to anyone until such time as they made a decision and a financial commitment to do so. That occurred in January 2009, which is when you began your campaign of willful ignorance to the facts of the matter. The TO’s have acted guardedly but honestly throughout this matter. And let’s remember, if the US breaks this agreement, it will not be from 100 years ago. It is from less than 30 years ago.
Jack, Senator John McCain has testified before the Senate Indian Affairs Committee that the Gila Bend Indian Lands Replacement Act was never intended for use as the TO have done. Senator McCain authored the law to which you refer.