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Joyce Clark Unfiltered

For "the rest of the story"

A casino in Phoenix?

Posted by Joyce Clark on July 23, 2013
Posted in Casino  | Tagged With: , , , , , , | 3 Comments

There is a story in the Arizona Republic of July 23, 2013 entitled Feds might retake prime parcel written by Eugene Scott. There is a 15 acre parcel of land that the federal government, in a very complicated land deal, sold to Barron Collier Development. It is located on the northeast corner of Central Avenue and Indian School Road. Barron Collier has stopped making $60 million in payments to the feds for that parcel. Ownership may revert back to the federal government.

casino 1Justin Johnson, a candidate for Phoenix City Council and the son of former Mayor Paul Johnson, recently said, “My concern is that if the federal government takes over, that they can develop something without public input and it won’t go through local control, and it won’t fit inside the city’s general plan.” He also offered the worst case scenario for that parcel, “We don’t have to look any further than what is going on in Glendale to see the nightmare scenario which could transpire. A potential casino in downtown Phoenix is not a compatible use in this urban area near neighborhoods and schools.”

As has been repeatedly pointed out, if the Tohono O’odham Tribe legally prevails in its quest to place a casino on a county island within an incorporated city, as it is attempting to do in Glendale,the state gaming compact is destroyed. It becomes null and void. As you can see, now one of the Phoenix council candidates has voiced concern with regard to this 15 acre parcel that will end up in federal ownership. Since it would once again become federal land Phoenix would have absolutely no control over what is developed and how it looks.

 It would be ironic if a Tribe created a secret shell company and bought the parcel, waited a few years, and then announced that they were building a casino on the site – shades of Glendale. This is a lesson for all Valley communities. Watch out if you have a county island within your city.  If the Tohono O’odham are successful in Glendale you could be next as casino development warfare erupts.

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Repeatedly Councilmember Alvarez’ mantra is “I am an honest person.” She says it publicly over and over, at council meetings, workshops and recently reiterated the sentiment in a Glendale Star story. It’s time for the Truth Meter.truth meter 1

  • Norma’s home is a two story structure yet County Assessor’s records do not show that improvement and her home is still valued without the addition of the second level. One would think that in the name of honesty this would have been corrected years ago when the improvement was made or at the very least, recently, as this issue came to light.
  • At the last council meeting on July 2nd which included the Coyotes discussion and vote Norma was cautioned about speaking about the Beacon bids because they were Executive Session material. She said she didn’t care what others told her to do and that she would speak her mind. Yet revealing contents of a council executive session is a violation of the state’s Open Meeting Law.
  • truth 2What about her “District Meetings?” In no way can her “district meetings” be considered open to the public. One must RSVP to an announcement of her meeting by calling her office and then, to add insult to injury, one must be approved by Norma, in order to attend.
  • Norma is a “double-dipper.” Obviously she receives a monthly Social Security benefit and for all we know, she may also claim disability making that monthly check even sweeter. She also worked for the City of Glendale for twenty some years and retired as its Administrator of the Community Action Program (CAP). CAP is the city department that is used as a pass-through for Community Development Block Grant (CDBG) funding the city receives annually. She is used to giving away city money to the poor. That job earned her a sizeable pension and accounts for monthly check number 2. As an elected official when she retires she will receive another pension check from the state’s Public Safety Retirement System—check number 3. Not bad, eh? Her retirement pay is probably more than most of her constituents make. Norma is doing quite well for herself in retirement and it’s no wonder she can afford to say that part of her agenda is urging the city to give more to the poor.
  • Norma has been an avid supporter of the Tohono O’odham’s plan to build a casino in Glendale. Why? She will say she does not support the city’s discriminatory acts toward the TO but what she does not acknowledge is that the TO have heftily supported not only her election bid through political mailings and solicitations of campaign contributions but those of her allies like Sammy Chavira. At some point she has to “pay the piper” and pay-back can be a bitch. We have every right to question her motives in her avid support of the Tribe’s agenda.
  • truth 3Norma has spent more time failing to make council meetings than attending them. Norma has failed to be honest with her constituency with regard to her health. Since joining council she has had at least two hospital stays with long recovery periods that precluded her attendance at meetings and conducting city business. Her constituents had the right to know that she could not perform her duties as expected of her. She has also on numerous occasions refused to attend because she did not like what was on the agenda and she sometimes walked out of meetings when she did not agree with a majority of council. Like a petulant child who does not like the way the game is being played she picked up her marbles and went home. Norma’s leadership and representation has been woefully inadequate and her constituents deserve better.

What Norma has failed to realize that we are judged by our actions and not exclusively by our words.  Norma’s actions point to a repeated pattern of deception…failing to report a major improvement to her home that would have resulted in a larger tax burden; failure to follow the state’s Open Meeting Law because it didn’t fit her agenda; failure to hold real district meetings open to all of her constituency; failure to acknowledge the financial support of the TO made to her and her allies; failure to acknowledge her physical inability to perform her job as an elected official; and failure to acknowledge her “double-dipping.”

It’s not surprising that Norma’s public rhetoric of honesty are not backed by her actions and that Norma and honesty are not kissing cousins – in fact they are complete strangers.

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Breaking from NBC News and the East Valley Tribune. Here is the link:

http://www.nbcnews.com/id/51944465/ns/local_news-phoenix_az/#.UZqf-cpv-tMhttp://

gavelFinally a legal ruling that recognizes what I and others have been saying for years. This proposed casino is within Glendale’s boundaries. It will impact nearly 10,000 Glendale residents who live within a mile or less of the site.

West Valley casino opponents receive favorable court ruling

East Valley Tribune, from NBC News

updated 1 hour 37 minutes ago

A federal appeals court gave foes of a new Glendale casino new hope it could be legally blocked.

In a new ruling today, the 9th U.S. Circuit Court of Appeals said it may very well be that the site owned by the Tohono O’odham Nation, while in unincorporated area, is technically “within the corporate limits of any city or town.” That’s because the parcel is surrounded by land within Glendale.

So the judges sent the case back to the secretary of the Department of Interior to take another look at the question.

What the secretary decides — and whether that’s upheld by the courts — is crucial. The 1986 law that permits the tribe to buy the land requires it to be outside the corporate limits of any city.

More to the point, even if the tribe can own the property, it cannot become part of the reservation if it is “within” Glendale’s corporate limits. And without reservation status, there cannot be the casino the tribe has planned.

While two of the judges said the question is unresolved, a third judge on the panel disagreed. He said the land is definitely within Glendale’s limits, precluding a casino.

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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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Ned Norris Jr Tohono O'odham Nation Chairman

Ned Norris Jr.

I thought it would be an interesting exercise to list most, but certainly not all, of the reasons why a casino in Glendale is not a good idea. Last week Councilmember Alvarez had a meeting with 20 of her most avid supporters. She invited the Tohono O’odham’s Ned Norris Jr. to present another pitch in support of a casino in Glendale. The attendees heard nothing new and it was an opportunity for Norris to reiterate the TO’s position.

Norma Alvarez

Norma Alvarez

I am disturbed by her action. As a Councilmember one of the duties expected is that once a City Council position on an issue is adopted, one’s responsibility is to advocate FOR the city’s position. If a councilmember disagrees with that position, it must be revealed with the disclaimer that it is one’s personal position and not that of the city’s. It is also not allowable to use city resources in support of one’s personal position. If her Council Assistant was in attendance or if her Council Assistant used city time to order and/or pick up the refreshments it would be an express violation of city policy. To use one’s office and position to invite residents to a meeting to advocate against an adopted city position is morally and ethically reprehensible. There is also the propriety of advocacy for an opponent’s position when the city remains in active litigation.

 65 percent of businesses are hurt by the proximity of gambling. Decreases meals and room taxes away from other, traditional sources (shifts tax revenue away from hotels and restaurants in Westgate)

Visitors and residents spend money on gambling that would be spent on other local goods and services

Shifts workers currently in one industry to the gambling industry. Takes workers from other industries and moves them into the casino industry

Social costs increase related to increased crime and pathological gambling

Most patrons come from within 30 miles and participation declines exponentially as distance increases.

Traffic impacts experienced at all times of day. Casino traffic is not seasonal because the number of trips to and from casinos is relatively consistent from month to month. Casinos operate 24 hours per day; there is no peak travel period to and from casinos

Five years after a casino opens, robbery in the community goes up 136 percent, aggravated assault is up 91 percent, auto theft is up 78 percent, burglary is up 50 percent, larceny is up 38 percent, rape is up 21 percent and murder is up 12 percent, compared to neighboring communities.  Crime is low shortly after a casino opens, and grows over time, costing the average adult $75 per year

Each slot machine costs the surrounding community one job per year

Business and personal bankruptcies increase between 18 and 42 percent, while ‘impulse’ business transactions in the area decline by 65 percent.”

Every slot machine takes $60,000 out of the local, consumer economy

Gamblers spend 10 percent less on food; 25 percent less on clothing and 35 percent less on savings

For every one job that the casino creates, one is lost in the 35-mile feeder market

The Tohono O’odham ignored their promise to their fellow Tribal leaders to keep another casino out of the Phoenix Metropolitan area

It destroys the state-wide voter approved gaming compact and will cause casinos to be built in many other Arizona cities

All of these issues will directly and severely impact the 10,000 Glendale residents living the closest to the proposed casino

All of these reasons have been cited and attributed to the original researchers on the subject in my previous posts about the casino.

greed 1Opponents have said the Tribes that oppose this casino in Glendale are doing so purely out of greed, to protect their market share. Yet the Tohono O’odham wants to site this casino in Glendale for exactly the same reason, pure greed, for it would open a very lucrative market far, far away from their Tribal lands in southern Arizona.

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judge 1On May 8, 2013 the media ran two stories related to the proposed Tohono O’odham casino in Glendale. Here is the link to one of the stories:  http://www.eastvalleytribune.com/arizona/politics/article_bc3be462-b766-11e2-90d4-0019bb2963f4.html. Judge Campbell issued a ruling that found in part for the defendant, the Tohono O’odham but he asked for further argument to be submitted by May 22, 2013. It relates to the plaintiffs’ claim that the TO encouraged voters of the state to believe there would be no new casinos in the Phoenix Metro area while secretly planning to build a casino in the Phoenix Metro area. Campbell will then decide if there are enough grounds to support a lawsuit to halt the casino.

The other story was about a letter requested by Councilmember Hugh from the Acting City Manager Dick Bowers regarding the casino. Here is the link to that story:  http://www.glendalestar.com/news/article_7172ccd6-b755-11e2-b30f-001a4bcf887a.html.

Bowers Glendale Star

Dick Bowers
Courtesy Glendale Star

Bowers states that his opinion is an administrative one and not from a legal perspective but then he proceeds to legally opine on the 9th Circuit Court and the consideration of an appeal before the Supreme Court. Here’s a heads up. If the casino is referred to as a “resort” then you can be sure that person speaking supports the casino. Bowers refers to the casino as a “resort.” Until a majority of the city council gives direction that it no longer wishes to fight the casino that is city policy on the issue. Is it appropriate for the Acting City Manager to insert his clearly personal opinion into the issue of city policy? You decide but I think not. He is charged with supporting city policy as it exists. City council is the policy maker and city staff is charged with supporting it.

This issue is NOT decided yet. There is still the 9th Circuit Court which has ruled on only one of two issues before it. There is still Representative Trent Franks’ legislation to be passed or denied by Congress and the President. There are still appeals left for both sides.

fat lady singsI have posted in six previous blogs, using facts and figures the social and fiscal effects on Glendale if the casino is allowed to be sited here. Until all avenues are exhausted and the fat lady sings I will continue to speak out against a proposed TO casino – not “resort”- in Glendale.

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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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Professor
John Kindt
Biscayne Times

Professor of Business Administration since 1978, John Warren Kindt from the University of Illinois, is perhaps one of our country’s foremost experts on the effects of gambling and casinos in the United States. He has a distinguished and creditable background. He received an A.B. in Business from William and Mary; an M.B.A. from the University of Georgia; a J.D. from the University of Georgia; an LL.M., International Law from the University of Virginia; and an S.J.D., International Law from the University of Virginia. Kindt has written numerous papers on antitrust, tax, commercial, environmental, and international law. However, his main expertise is the economics of gambling — from Internet poker games to lavish casinos.

The Biscayne Times of Florida quoted him extensively in a February, 2012 article entitled The Casino Effect written By Erik Bojnansky on the issue of off-shore corporate interests building a mega resort/tourist destination with casinos in Miami, Florida. You can connect to the article here: http://www.biscaynetimes.com/index.php?option=com_content&view=article&id=1073:the-casi .

I have taken the liberty of quoting some of his remarks:

“Generally there is a bump lasting about two to three years,” says Kindt, who has studied casinos for two decades. ‘There are new construction jobs and a lot of activity as money is coming in’.”

“But Kindt warns that the bump won’t last: ‘Once the project is completed, and slot machines come in, [the casino] takes everything. After that Miami will lose jobs as businesses within a 35-mile radius of casinos… see their profits shrink…’. ”

slot machine“Kindt also says that casino games such as poker, blackjack, and roulette are merely ‘window dressing’ designed to draw in players. Slot machines, which include video poker and other electronic gambling machines, are at the heart of all casinos. ‘Every slot machine brings in a minimum of $100,000 a year,’ he asserts. ‘Slot machines don’t create jobs — you just dust them off. And that’s 90 percent of the money.’ According to Kindt, most of that slot-machine money comes from middle-class and poor individuals living near casinos.”

“Each slot machine costs the surrounding community one job per year, Kindt says. In a 2003 article for the Ohio Law Review, he reported that within a newly established casino’s ‘feeder market,’ business and personal bankruptcies increase between 18 and 42 percent, while ‘impulse’ business transactions in the area decline by 65 percent.”

“ ‘When billions of dollars are going into slot machines, where are those billions of dollars coming from’?” Kindt asks. ‘They are no longer buying cars, refrigerators, or even food and clothing’.”

Here are more quotes from scholarly publications and testimony before state and national fact-finding committees: The link is:  http://www.casinowatch.org/john_kindt/kindt_index.html

“Every video [slot] gambling machine takes $60,000 out of the consumer economy.”

“$60,000 spent in a consumer economy multiplies by respending into $180,000.”

jobs gone“For every slot machine you add, you lose one job per year from the consumer economy. Therefore 5,000 new video gambling machines costs the economy 5,000 lost jobs each year.”

 

gambling 2“Legalized gambling cost taxpayers $3 for every $1 in state revenue to government”

“Any legislator who says he doesn’t see the downside hasn’t done his homework”

“My bottom line is this is no time to be gambling with our economy”

“Gamblers spend 10 percent less on food; 25 percent less on clothing and 35 percent less on savings”
gambling 1
“Thirty-seven percent of gamblers dip into their savings to fulfill their habit”

“In 1993, 40 percent of Minnesota restaurateurs reported declines attributed to casinos”

bankruptcy“Bankruptcies and addictions increase in areas with casinos”

“An Osage tribal study found that between $41 million to $50 million left a 50-mile radius around their own casino”

“The gambling interests like to point to the construction jobs, but those jobs go away”

“Gambling interests hire lots of economists to do impact studies, but what you need is cost-benefit analysis, and you’ll never see the industry finance those”

“No reputable economist anywhere believes it’s [gambling] an economic tool”

“For every dollar of revenue generated by gambling, taxpayers must pay at least $3 in increased criminal justice costs, social welfare expenses, high regulatory costs, and increased infrastructure expenditures”

Courtesy Christopher B.

Courtesy Christopher B.

“Generally, traditional businesses were slow to recognize the way in which legalized gambling captured dollars from across the entire spectrum of the various consumer markets, but now they know”

“People will spend a tremendous amount of money in casinos, money they normally would spend on refrigerators or a new car. Local businesses will suffer because they’ll lose consumer dollars to casinos.”Quoting Donald Trump

“And as far as jobs go, for every one job that the casino creates, one is lost in the 35-mile feeder market”

“A study in Illinois in the mid-1990s found that 65 percent of businesses were hurt by the proximity of gambling”

From the travel math website , http://www.travelmath.com/cities-near/Glendale,+AZ,  one can find that the following cities and towns are within 26 miles of Glendale.

Cities, towns, and suburbs near Glendale, Arizona. The center of each city listed is within 26 miles of Glendale, AZ:

 

 

down the drainIf nothing else, this bit of information should give these cities pause when they learn that the economic impacts of a casino can affect anywhere from a 35 to 50 mile radius. I wonder if Mayor Barrett of Peoria would be so enthusiastically supportive of this proposed casino if he were to realize that the giant, economic sucking sound affecting Peoria was due to this casino?

As Professor Kindt suggests, it’s time for a cost-benefit analysis – not a fiscal impact study (having been fooled by previous fiscal impact studies I know they can be made to prove or disprove anything) – but an extensive and thorough cost-benefit study that proves or disproves once and for all, the impact of a casino in Glendale.  A local economist such as Elliot Pollack could perform such a study but who would pay for it? The Tohono O’odham? Not on your life. The State? Nope, again. Glendale? It’s tapped out. How about a consortium of the cities in the above list? After all, they would be affected… wouldn’t they?

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Since the Tohono O’odham announced its 2009 plan to put a casino within Glendale on a county island I have done a great deal of research on the effects of a casino. In 2010 I found a series of columns from April and May, 2010 written by Jim Marino, Guest Columnist for the Santa Ynez Valley Journal, California. His findings are stark and troubling and so eerily similar to the findings of others that I wanted to share quotes from his series. My comments, relating to Glendale, follow the quote in red.

casino 1“These casinos were thrust into communities under the claim the federal Indian Gambling Act [I.G.R.A.] and the state compacts made them a “done deal” and the local communities had nothing to say about it.”

I.G.R.A. when all is said and done may be the nail in Glendale’s coffin.

“But if they didn’t oppose them, these local communities might get some of the gambling dollars in lieu of the many taxes local and state government could not collect. If the local government did not cooperate, on the other hand, they would get no money and often would be accused of being anti-Indian racists and insensitive to the plight of “Indians” in America. After wielding this political stick, these gambling investors and tribes would then wave the carrot, telling local government they would create “jobs” and thus be a great benefit to the community.”

I have been accused of being an anti-Indian racist insensitive to the treatment of Native Americans at the hands of the White Man because I have voiced my opposition to a casino within Glendale’s borders. Does any of this sound familiar? When all else fails to persuade use the promise of jobs.

“The tremendous costs of providing public services like police, fire, schools, jails, hospitals, public works, social services, etc., used regularly by Indian casinos and related businesses, and the demands placed on infrastructure like roads, bridges, public buildings, and other facilities, are all paid for by the non-Indian taxpayers because these tribal businesses are exempt from property taxes, bed taxes, sales taxes, personal property taxes, corporate taxes and state income taxes among others.”

Fact. City staff reported long ago that Glendale taxpayers would pick up the cost of another water treatment plant specifically needed to handle the increased demand that would occur because of the casino.

roads 2“The amount of money that trickles down into the local economy from the salaries of employees and the costs of goods and services is nowhere near enough to make up for lost tax revenues or to pay the tribe’s fair share of the costs to the community for increased demands on public services and infrastructure. Neither are the occasional gifts tribes like the Chumash make usually to the police or fire agencies which gifts are often less than the $2 million the tribe still receives in federal welfare and grant monies every year. “

8% of specified gaming revenues are required by law to be granted by the Tribes to non-profit organizations. Even if every dollar of that 8% could go to Glendale it would not meet the costs Glendale taxpayers will have to bear to support this casino.

“Another economic myth is that by calling the casino a “resort” it will somehow become a destination location for tourists. This myth is debunked by several studies showing the vast majority of gamblers come from a one- to two-hour drive or fewer than 50 miles and come to gamble only.”

This fact is borne out by many other studies. It also explains why the Tohono O’odham, upon their consultant’s advice, rejected the possibility of a casino in Buckeye.

gambling 1“Therefore, an Indian casino essentially siphons dollars from the immediate surroundings. Those are dollars and local monies not spent in other non-Indian businesses and entertainment venues where such discretionary income would otherwise be spent. Non-Indian businesses nearby often cannot compete with an Indian business that pays no taxes, is exempt from state and local laws, rules and regulations workers compensation and public liability insurance and cannot be sued for any of its misdeeds, no matter how outrageous they may be.”

Many have said that the casino will take business away from the hotels and restaurants in Westgate. Right now there is a television ad running for Fort McDowell Casino that offers a $7.99 prime rib dinner on Tuesday nights. There is no way a Yard House, Margaritaville or Gordon Biersch could compete with gambling subsidized meals offered at a casino.

construction“One of the common methods that gambling promoters and investors, using an “Indian tribe” as a front to introduce gambling casinos into a community, is the promise of “jobs.” Often they target communities that are economically depressed because they know local government, unions, Chambers of Commerce, businesses and others often jump at the chance for anything that creates ‘jobs’.”

The TO has done exactly that-with the promise of jobs in Glendale as a means of mitigating its current financial difficulties. It is a siren song the TO hope will not be ignored and uses consistently to gain support among the general public for its proposal.

RoveyFarmEstates“There are casinos that have ruined entire residential neighborhoods like the San Manuel Casino rising above single-family homes in a housing tract, which homes then lost most of their value because of the nearby gambling operations. Neighbors complained about noise, traffic, drunkenness, open drug trafficking and even having to pick up beer cans and used hypodermic needles from their front lawns.”

There are nearly 10,000 people living in the immediate vicinity of the proposed casino with over 600 apartment units immediately south and over 900 homes immediately east. Their property values are in jeopardy.

contract“ People who dealt with or entered into contracts with these casino tribes and businesses found out that if the tribe stiffed them for the bill, they could not sue, again based on the court-created doctrine of legal immunity for Indian tribes and their businesses discussed in last week’s article.”

Based upon the manner in which the TO purchased the land secretly and then held it for 6 years, I would be reluctant to trust any relationship with them. Add to that the fact that the TO’s sister tribes feel betrayed by the TO’s denial of a seven casino limit in the Phoenix Metro area as promised with the voter approved Gaming Compact.

“This use of the tribal legal immunity doctrine to evade legal responsibility is one of the most flagrant and outrageous impacts of Indian gambling and business expansion. This doctrine is exacerbated by the fact that these tribes, their casinos and businesses, can also operate outside of all state and local laws (except alcohol-control law). Laws that were enacted over many years to protect customers, workers, the environment and quality of life.”

In Arizona the only control over Tribal casinos is the state’s Gambling agency.

crime 1“Virtually every casino community has now experienced increases in crime ranging from shoot-outs, murder, theft, robbery, embezzlement, gang activity, substance abuse and drug trafficking, drunk driving, auto accidents and fatalities, gambling addictions, credit problems and bankruptcies, family neglect, even suicides, and the list goes on. Recently, Highway 154 ominously being called “the Chumash Highway” has experienced several auto accident fatalities, not to mention the officially unexplained suicide jumpers from the Cold Springs Canyon bridge. Only a few weeks ago, a gang shoot-out erupted amongst the slot machines at the Jackson Rancheria casino located in Amador County.”

While these experiences occurred in California, there is the common thread of increased crime resulting from casinos.

“Not long ago, Sheriffs deputies were involved in a running gun battle outside the Soboba Casino where at least two suspects, who were tribal members, were shot and killed and the Sheriff refused to respond to calls there anymore. One deputy Sheriff working a special overtime detail at the Chumash Casino in Santa Ynez arrested 36 drug violators in only six weeks time, most of them felonies involving methamphetamines being used, possessed and sold around the casino.”

Since the land in question is a County Island and if the TO are successful in establishing a reservation neither the County Sheriff’s Office or the Glendale Police Department would have authority to respond to any criminal activity on the reservation unless specifically requested by the TO. I suspect the TO will not do so as it would provide an opportunity for negative publicity.

thief“In another case, an elderly couple were walking in the parking lot of another Southern California Indian casino near San Bernardino and a thief whizzed by on a motorcycle and snatched the woman’s purse in the parking lot. The motorcycle grazed their car during the theft. They reported the incident to casino security guards, expecting that the crime would be reported to the Sheriff’s Department. They found out later, when they made an insurance claim for the damage to their car, this incident was never reported to the police. This is but another of the many negative impacts of Indian casinos, the fact that the primary duty of Indian casino security staff is to conceal any negative incidents that occur or insinuate the false claim that some kind of “sovereign status” permits them to deal with criminal acts when it does not.”

When you enter the reservation you do so at your own risk.

tv“Another problem is the failure and refusal of many local media outlets to report the crime, corruption and negative incidents occurring regularly at Indian casinos because those casinos are the biggest television, radio and newspaper advertisers they have. So the so-called “free press” has in effect, been co-opted by the fear of offending these gambling casinos who are their best advertising customers.”

This is a genuine concern. The Tribes advertise their casinos on television incessantly. One of our television stations, Channel 12, is connected to the Arizona Republic. Neither of these two giants of media are going to jeopardize their revenue streams by going negative. When was the last time you remember any media reporting on the use of the Tribal land, just north of Arizona’s southern border, as an open conduit for drug smuggling or illegal border crossings?

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Casino…to be or not to be, Part 1

Posted by Joyce Clark on April 11, 2013
Posted in Casino  | Tagged With: , , | 4 Comments

On April 9, 2013 there was a court hearing in Phoenix on the issue of the proposed Tohono O’odham casino. From the reporting that has occurred Judge Campbell’s mind appears to be made up and it does not bode well for the State, the Gila River tribe or Glendale. Today I begin a series on the proposed Tohono O’odham casino. It’s proposed location is in a County island within the borders of Glendale, Arizona. We’ll look at geography and where the proposed casino sits in relation to other sites within Glendale. I created this map. It is not to scale but it does demonstrate the relative position of other, established development to the proposed casino site. Unfortunately, this site does not allow for a larger image. If you would like to see a larger version, email clarkjv@aol.com and I will send it to you as a jpg. file.

Casino Map LARGE JPG Ap 9 2013Perhaps the most important piece of geographical information is that the proposed casino will be approximately less than a 1/2 mile north of the Westgate site and Jobing.com arena. Another piece of the puzzle is the number of homes nearby:

There are 4 high density residential sites. Two of them are near Cabelas, directly south of and adjacent to the proposed casino site, for a total of approximately 800 units. The two other high density sites are in Westgate and are another approximately 800 units.

Now, add to those 1600 apartment units, these nearby residential communities: ProvenanceProvenance (across 91st Avenue and within 1/4 mile) with 120 homes; Rovey Farm Estates (across 91st Avenue and witin 1/4 mile) with 800+ homes; Broadway (within a mile) with 60+ homes; Pendergast Estates (within a mile) with 60+ homes; and Desert Mirage/La Buena Vida (within a mile) with 1200+ homes. That’s a total of 3,840 residential units in close proximity to the proposed casino. The recognized multiplier of residents per home is 2.5. Multiply those units by 2.5 persons per unit and that equates to 9,600 or almost 10,000 people living in very closeRoveyFarmEstates proximity to the proposed casino.

Centrada Norte

Centrada Norte

In addition to existent development in the area there are many future developments that have already been approved by Glendale City Council. These developments would add more hotels, more commercial and some additional residential units to the area. Some of these approved projects are: Centrada Norte, Bella Villagio, Sportsman’s Park East/Sportsman’s Park West, and Zanjero – all within a quarter of a mile to a mile away). By no means is this a complete list.

Kellis HS

Kellis HS

There is also a Peoria district high school. Raymond Kellis, directly east and across 91st Avenue from the proposed casino. The Peoria district also owns land to the east of the high school that has been planned for a number of years to beome an elementary school.

To recap, the proposed casino would impact nearly 10,000 people, a high school, Westgate and all future development of the area.

Next up…how did the Tohono O’odham get the land?

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