A few thoughts for all pro-casino advocates:
1. When then-Governor Pataki and the NYS legislature approved a compact with the Seneca Nation to operate 3 casinos, they did an end run around the NYS Constitution. It was illegal. They compounded the illegality by making a horrible business deal, allowing the Seneca's to keep 75% of the profits, and paying the state the remaining 25%. (The state then returns 25% of its share – 6.25% - to the host community.) Put together a “Request for Proposals from Prospective Casino Operators”. Every proposal will be better than the current deal.
2. The federal government, through the Department of the Interior (DOI), National Indian Gaming Commission (NIGC), made a decision to approve a Class III gaming license. The court found the decision arbitrary, capricious, and wrong. The judge asked the NIGC to re-evaluate its decision over a year ago and they merely rubber-stamped it. In the judge’s words, the NIGC decision “is at odds with the text of four successive congressional acts relating to SNI (Seneca Nation) leasing, a significant body of decisional authority relative to those four acts, and the DOI’s own stated objections to the SNSA (Seneca Nation Settlement Act). In other words, (it is) contrary to more than a century of law and agency action.” The NIGC position – “we’re the feds, and if we make a decision to allow Class III casino gambling on City of Buffalo land we’ve determined to be gaming eligible, who the hell are you citizens to tell us that you disagree?”
3. The Seneca Nation has repeated stated that it doesn’t have to meet with anyone or comply with any state or federal laws, including those relating to construction safety or environmental protection. Thanks to the enormous profits they are making from their 3 casinos (the Niagara Falls casino is very likely illegal, but since it was never challenged, it will likely continue to operate), they are a financial steamroller, and they will roll over anyone and everyone to build and operate the Buffalo Creek Casino – not because it’s good for Buffalo, but because it essentially allows them to print money. The only reason the Nation will be somewhat careful in what it says is because it wants the DOI and the NIGC to appeal the decision.
4. The City of Buffalo has travelled the road of appeasement – “We can’t fight the Seneca's, so we’ll negotiate our own compact with them, to get a little nicer design, a higher percentage of city residents getting the casino jobs.” It’s an abdication of leadership on the part of the city.
As has been previously stated, if you want casino gambling in the state, change the law. Doing it this way is the worst possible way to create real benefit for the city or the region. But that’s not my point. Instead, I have a question: What are the odds that a group of citizens could take on their local government, state government, federal government and the Seneca Nation of Indians, and win a historic victory? I’ll wager that you have a better chance of winning a million dollars in a Seneca casino.
Report this