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OPPONENTS SUE TO INVALIDATE ROHNERT PARK
CASINO GAMBLING COMPACT
Governor Brown named as
defendant
The first lawsuit against
the Rohnert Park casino was filed today in the Sonoma County Superior Court. If
successful, the lawsuit will invalidate the Graton Rancheria gambling
compact.
The lawsuit, which names
Governor Jerry Brown as the defendant, seeks "injunctive and declaratory relief"
against AB517, the bill that ratified the Graton Rancheria compact signed by the
governor on March 30, 2012. The bill, which had been fast-tracked through the
legislature in the first two weeks of May, was signed into law by the governor
signed on May 17.
The lawsuit contends that
the simple act of the federal government taking land into trust does not strip
the state of its sovereignty over the casino site. In fact, under the U.S.
Constitution, this can only be done three ways: The federal government can
reserve sovereignty when the state is created, obtain state consent to exclusive
jurisdiction under the Enclaves Clause, or obtain the state's cession of
jurisdiction.
None of these methods have
been followed in the Graton Rancheria casino site, so state law still applies
there.
What this means is the
casino site in Rohnert Park, which is new land acquired solely for a casino
through "reservation shopping", is not Indian land as required for gambling
under the California Constitution. The land is still governed by state law, and
Class III casino gambling is not allowed on state-governed property.
"The Bureau of Indian
Affairs and the tribe claim that mere transfer of title is enough to divest the
state of sovereignty but that has never been the law. The state Legislature was
bamboozled, " said Michael Healy, attorney for the plaintiffs.
"This lawsuit exposes the
truth: This land is not under tribal jurisdiction. There is something Sacramento
can do."
"The governor has had this
information for over a year, "said Mr. Healy. "He could have stopped stop this
casino, but since he won't, we will."
Mr. Healy also sent a
letter to Acting Assistant Secretary of Indian Affairs Donald Laverdure, asking
that final federal approval be delayed until the courts have the opportunity to
review this state issue. A copy of the letter has been sent to Senator Feinstein
asking that she support this request.
"When government ignores
the will of the people, the remedy is to go to court," said Pastor Chip
Worthington, founder of Stop the Casino 101 Coalition, one of the plaintiffs.
"This lawsuit is based on the checks and balances that keep the Executive branch
from becoming dictatorial."
"The people of Sonoma
County oppose this casino four to one," said Mr. Healy. "They were outraged
by the behavior of the
governor and the legislature. We're going to set things right with this
lawsuit."
More information on the
legal challenges to the Rohnert Park casino can be found at our web site,
Additional
Information: The federal government took the casino
site into trust in October 2010. An injunction is a judicial remedy awarded to
restrain a particular activity, in this case, AB 517. "Declaratory relief" would
establish the rights of the parties or express the opinion of the court without
ordering anything to be done or granting any remedy.
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