Salazar v. Patchak

California community organizations participate in Supreme Court case on off-reservation casinos
Friday, 06 April 2012 Lake County News reports

Twenty-eight community organizations throughout California have filed a “friends of the court” brief in a case going before the U.S. Supreme Court involving off-reservation casinos.

The friends of the court – or “amicus curiae” – brief in the matter of Salazar v. Patchak was filed on March 27, according to Stand Up For California, one of the groups taking part.

“All citizens organizations throughout California will be affected by the decision of the United States Supreme Court in the Patchak case,” said Cheryl Schmit, executive director for Stand Up For California. “For this reason, California citizens organizations are participating as amici curiae in the Salazar v. Patchak case to help ensure that every citizen and every potentially adversely affected community can obtain judicial review of land-into-trust decisions.”

The California amici are in support of David Patchak of Michigan, who lives several miles from a Native American casino promoted by a tribe and Stations Casino of Las Vegas, NV.

Patchak filed suit against the Secretary of the Interior in 2010, asserting the right to request a judicial review as a private citizen for land taken into trust near his home in Michigan.

Secretary Ken Salazar’s argument is that only Indian tribes who are the beneficiary of his determination, have “standing” to make this challenge.

The federal government is ignoring all others who are directly and irreversibly affected, according to the groups.

The amicus, filed by attorneys David P. Salmons and Bryan Killian of Bingham McCutchen, seeks to make the court aware of the growing concerns of communities across California regarding gaming.

It cites problems from land use and planning to the erosion of the local tax base and more.
Attorneys for the 28 amici made a case for the importance of allowing private citizens the right to challenge Indian trust land decisions.

The 28 California organizations participating in the amicus curiae are Alexander Valley Association, Stop the Casino 101 Coalition, Rohnert Park Families, Barstow Christian Ministerial Association, Big Lagoon Park Company, Blythe Boat Club, California Coalition Against Gambling Expansion, Citizens for a Better Way, Coalition of Retailers, Citizens for a Sustainable Point Molate, Colorado River Residents for Justice, Dehesa Valley Community Council, Friends of Amador County, Jamulians Against the Casino, Joshua Tree Community Association, Madera Community Action Network, Madera Ministerial Association, Neighbors of Casino San Pablo, No Casino in Cloverdale, No Casino in Plymouth, Old Barona Road Association, Santa Ynez Valley Alliance, Santa Ynez Valley Concerned Citizens, Save Our Communities, Stand Up For California, Stop Reservation Shopping, WE Watch and West Bank Homeowners.

Stand Up For California said this is the first time California citizens have presented their concerns to the United States Supreme Court regarding such casino operations.

Citizens have been seeking a fair, objective and transparent process in the fee to trust conversions, said Cheryl Schmit, executive director for Stand Up For California.

“Since we are denied meaningful participation by the Department of the Interior, we ask for judicial review of the Secretary of the Interior’s determinations,” Schmit said. “That is a fair and reasonable check and balance on the actions of our federal government.”

Oral arguments are scheduled for April 24, and a ruling is anticipated in June.
For more information visit www.standupca.org .

Salazar v. Patchak Amicus Curiae Brief