Bay Mills, seemingly far from the Massachusetts quagmire, clearly defines "Reservation Shopping."
In their application for recognition, the Mashpee Wampanoag Tribe included solely the Town of Mashpee.
The Tribe lacks historical ties (as defined by statute) to either Middleboro or Fall River, yet blinded by the Casino Glitter of 3 Slot Barns, many ignore history, facts and statutes.
Little Traverse, Michigan state lawsuits seek Bay Mills casino shut down
Bay Mills ‘off reservation’ casino draws legal heat
By Gale Courey Toensing, Today staff
VANDERBILT, Mich. – When the Bay Mills Indian Community opened a new casino on off reservation land without state or federal approvals in early November, five Indian nations in Michigan issued a statement condemning the action. Now one of the five tribes – the Little Traverse Bay Band of Odawa Indians – has filed a federal lawsuit, asking the court to shut down the Bay Mills casino immediately.
“The lawsuit seeks to uphold the integrity and viability of Indian gaming on a national level,” Little Traverse Bay Chairman Ken Harrington said. “If the Vanderbilt casino is allowed to remain open, it will set a dangerous precedent that would allow Indian tribes to unilaterally establish off-reservation casinos without the input or approval of surrounding tribal, local, state or federal governments. There are huge implications riding on the outcome of this lawsuit.”
Little Traverse’s lawsuit is bolstered by support from members of Congress and the federal government who have both weighed in with opposition to the Vanderbilt Casino. Additionally, the State of Michigan filed a similar lawsuit against Bay Mills.
Little Traverse filed its lawsuit Dec. 22 in the U.S. District court for the Western district of Michigan. The complaint asserts that Bay Mills has violated various provisions of the tribal-state compact and the Indian Gaming Regulatory Act, including requirements that gaming is to be conducted on Indian land acquired before October 1988; land that is held in trust by the federal government or approved under a regulatory exception; that the land is restricted from alienation and that an Indian tribe exercises governmental power over the land.
The State of Michigan filed a similar lawsuit a day earlier, charging Bay Mills with two counts of violations of the tribal-state gaming compact, which was signed Aug. 20, 1993 by former Gov. John Engler, and one count of violation of the Indian Gaming Regulatory Act by conducting Class III gaming on property that is not “Indian lands.” The state suit asks the court to shut down the casino permanently.
Bay Mills opened the Vanderbilt Casino, the tribe’s third gaming facility, Nov. 3. The casino is located on 47 acres of land the tribe purchased in fee simple in August. The new casino has around 40 slot machines. Days after Bay Mills announced its opening, the tribe announced plans to expand the facility.
The tribe operates two casinos in Michigan’s Upper Peninsula on reservation land and has a state compact relating to gaming on that land, but the casino in Vanderbilt is located in a more densely populated and, therefore, more lucrative area.
The Vanderbilt Casino is in the northern part of the Lower Peninsula, about 170 miles north of Lansing. The casino was opened without state or federal approvals on non-trust land. Bay Mills Chairman Jeff Parker presented a unique argument for why the casino was “legal.” Parker said on the tribe’s website that the casino is located on “qualified Indian lands,” because the land was purchased with money received under the Michigan Indian Land Claims Settlement Act.
Parker could not be reached for comment.
Little Traverse and its coalition partners, the Grand Traverse Band of Ottawa and Chippewa Indians, Gun Lake Tribe of Pottawatomi Indians, Nottawaseppi Huron Band of the Potawatomi, and Saginaw Chippewa Indian Tribe called on the National Indian Gaming Commission, [www.nigc.gov] the Justice and Interior departments to work quickly with state officials to close the new casino.
Michigan congressional representatives and the federal agencies responded within weeks.
On Dec. 17, U.S. representatives Mike Rodgers, R-Mich., and Carolyn Kilpatrick, D-Mich., wrote to Attorney General Eric Holder, Interior Secretary Ken Salazar, and NIGC Chairwoman Tracie Stevens expressing their “deep concern with the continued operation of an off reservation casino.”
The legislators asked the agency heads to act quickly to determine whether or not the Vanderbilt land is eligible for gaming and, if not, to shut down the casino.
The answers came a few days later.
On Dec. 21, Interior Solicitor Hilary Tompkins issued a legal opinion detailing the reasons why the Vanderbilt Casino is not operating on “Indian lands” as defined by the Michigan Indian Land Claims Settlement Act or IGRA.
“I do not believe that even a liberal construction of the Michigan Indian Lands Claims Settlement Act can support the tribe’s position that its land trust purchases in fee simple automatically become restricted fee lands under the definition of Indian lands set forth in the Indian Gaming Regulatory Act,” Tompkins wrote, concluding that the land is not eligible for gaming.
The NIGC responded to the Interior with a memorandum saying the Vanderbilt Casino is not operating on Indian land that is eligible for gaming and, therefore, does not come under NIGC jurisdiction.
“Further, when the commission obtains information that may indicate a violation of federal, state or tribal statutes, it is obligated to turn that information over to the appropriate law enforcement officials,” NIGC’s Associate General Counsel Michael Gross wrote.
Harrington was elated by the federal opinions.
“The federal and state legal opinions shred to pieces the bogus legal arguments put forth by Bay Mills. Therefore, the only acceptable action is for the Michigan State Police to move in, shut down the illegal casino, and confiscate the illegal gambling devices,” he said.
If allowed to continue to operate, the Vanderbilt Casino located 37 miles from the Little Traverse Odawa Casino would have a “devastating impact” on the Little Traverse government to provide services for its citizens, Harrington said. Furthermore, Harrington said, Bay Mills has said it plans to open more casinos on off-reservation lands near population centers.
“It’s a perversion of federal law to try and identify Indian gaming sites based solely on market location,” Harrington said. “We are tribal governments, not corporations. Reservation shopping threatens the integrity of Indian gaming here in Michigan and around the country.”
Showing posts with label Bay Mills. Show all posts
Showing posts with label Bay Mills. Show all posts
Friday, December 31, 2010
Tuesday, December 21, 2010
Injunction sought against Bay Mills Slot Barn
The ongoing saga of the Bay Mills Slot Barn --
Lawsuit Coming Over Vanderbilt Casino
An Indian tribe in Harbor Springs plans to file a lawsuit tomorrow to try to shut down a small casino in Vanderbilt. [Small casino? That's too funny! It's called a Slot Barn!]
The Bay Mills casino has been open, despite an order to close that came late last week from the state Attorney General.
"We'll be asking for a temporary injunction to close the Bay Mills Indian Community casino in Vanderbilt down because we feel it's illegal," says Chairman Ken Harrington, of the Little Traverse Bay Bands of Odawa Indians.
An injunction would shut down the casino temporarily, as the question of its legality is weighed in court. Harrington says that could take years.
The casino opened quietly last month, bypassing the traditional state and federal approval processes. It's owned by the Bay Mills Indian Community.
Chairman Jeff Parker said in a statement Monday that his tribe wouldn't have opened the casino if it wasn't sure the Vanderbilt operation is legal. He says the tribe is prepared to defend that position in court.
There's no word on the next move from the state, with the casino remaining open despite orders to close.
Meanwhile, the same tribe that's filing the lawsuit says it still plans to withhold payments to the state. At issue is millions of dollars that normally go to state coffers.
The Little Traverse Bay Bands runs the Odawa Casino Resort in nearby Petoskey. Under a compact with Michigan, the tribe is supposed to share its casino revenues with the state.
But Harrington says the tribe no longer has to do that because of a breach of contract. He says the state should have shut down the Vanderbilt casino immediately when it opened last month, but Michigan didn't have a process in place for doing so.
"It is a violation of our compact and therefore, you know, we cannot pay this money," Harrington says. For now, the money is sitting in escrow.
An attorney for Governor Granholm says the state has not broken its agreement with the tribe, saying 38 slot machines in Vanderbilt is too small an operation to be considered competition for the Odawa Casino Resort.
The compact includes a non-compete clause, but only for commercial gaming facilities that are more than double that size.
Nonetheless, Harrington says his lawyers have been looking over the document, and they believe the state has failed to keep its end of the compact.
Lawsuit Coming Over Vanderbilt Casino
An Indian tribe in Harbor Springs plans to file a lawsuit tomorrow to try to shut down a small casino in Vanderbilt. [Small casino? That's too funny! It's called a Slot Barn!]
The Bay Mills casino has been open, despite an order to close that came late last week from the state Attorney General.
"We'll be asking for a temporary injunction to close the Bay Mills Indian Community casino in Vanderbilt down because we feel it's illegal," says Chairman Ken Harrington, of the Little Traverse Bay Bands of Odawa Indians.
An injunction would shut down the casino temporarily, as the question of its legality is weighed in court. Harrington says that could take years.
The casino opened quietly last month, bypassing the traditional state and federal approval processes. It's owned by the Bay Mills Indian Community.
Chairman Jeff Parker said in a statement Monday that his tribe wouldn't have opened the casino if it wasn't sure the Vanderbilt operation is legal. He says the tribe is prepared to defend that position in court.
There's no word on the next move from the state, with the casino remaining open despite orders to close.
Meanwhile, the same tribe that's filing the lawsuit says it still plans to withhold payments to the state. At issue is millions of dollars that normally go to state coffers.
The Little Traverse Bay Bands runs the Odawa Casino Resort in nearby Petoskey. Under a compact with Michigan, the tribe is supposed to share its casino revenues with the state.
But Harrington says the tribe no longer has to do that because of a breach of contract. He says the state should have shut down the Vanderbilt casino immediately when it opened last month, but Michigan didn't have a process in place for doing so.
"It is a violation of our compact and therefore, you know, we cannot pay this money," Harrington says. For now, the money is sitting in escrow.
An attorney for Governor Granholm says the state has not broken its agreement with the tribe, saying 38 slot machines in Vanderbilt is too small an operation to be considered competition for the Odawa Casino Resort.
The compact includes a non-compete clause, but only for commercial gaming facilities that are more than double that size.
Nonetheless, Harrington says his lawyers have been looking over the document, and they believe the state has failed to keep its end of the compact.
Saturday, December 18, 2010
AG to tribe: Close Slot Barn
The term "CASINO" conjures elegant images that exclude the Bay Mills Slot Barn!
The ongoing saga --
AG to tribe: Close casino
Update: The Herald Times received this statement from the Bay Mills Indian Community after the paper went to press:
"We have received the letter from the Attorney General and do not agree with the state's analysis. We are open for business and have no further comment at this time."
Bay Mills Tribal Chairman, Jeff Parker
VANDERBILT — Less than three weeks after beginning an expansion of their casino in Vanderbilt the Bay Mills Indian Community (BMIC) was ordered by the State of Michigan Thursday to close down operations, contending the casino “violates state and federal laws prohibiting gambling.”
A Thursday letter from S. Peter Manning, Division Chief of Environment, Natural Resources and Agriculture Division, to the BMIC followed up on numerous conversations between the tribe and representatives of the Governor’s office and the Attorney General’s office concerning “the operation of class III gaming by Bay Mills at a site in Vanderbilt, Michigan (Vanderbilt casino).”
The ongoing saga --
AG to tribe: Close casino
Update: The Herald Times received this statement from the Bay Mills Indian Community after the paper went to press:
"We have received the letter from the Attorney General and do not agree with the state's analysis. We are open for business and have no further comment at this time."
Bay Mills Tribal Chairman, Jeff Parker
VANDERBILT — Less than three weeks after beginning an expansion of their casino in Vanderbilt the Bay Mills Indian Community (BMIC) was ordered by the State of Michigan Thursday to close down operations, contending the casino “violates state and federal laws prohibiting gambling.”
A Thursday letter from S. Peter Manning, Division Chief of Environment, Natural Resources and Agriculture Division, to the BMIC followed up on numerous conversations between the tribe and representatives of the Governor’s office and the Attorney General’s office concerning “the operation of class III gaming by Bay Mills at a site in Vanderbilt, Michigan (Vanderbilt casino).”
Wednesday, November 10, 2010
Five tribes object to casino
Five tribes object to casino
Nov. 07--TRAVERSE CITY -- Two northern Michigan Indian tribes object to a casino an Upper Peninsula tribe recently opened in Vanderbilt.
Leelanau County-based Grand Traverse Band of Ottawa and Chippewa Indians is among five Michigan Indian tribes who want state and federal officials to close the new Bay Mills Resort & Casinos' operation off I-75 in northern Otsego County. It opened Nov. 3.
"We are strongly opposed to the illegal gaming activity announced by the Bay Mills Indian Community ... this attempt to conduct Indian gaming in the absence of trust land is a serious violation of the Indian Gaming Regulatory Act and long-held federal Indian gaming policy," the tribes said in a joint statement that included the Little Traverse Bay Bands of Odawa Indians of Petoskey.
The casino includes about 40 slot machines in a 1,200-square-foot former welcome center for Treetops Resort, part of 47 acres the Bay Mills Indian Community purchased in August. The Bay Mills tribe, of Brimley, also operates two U.P. casinos.
"This is something we've been working on for a long time," Bay Mills tribal Chairman Jeff Parker said in a statement.
Opposing tribes contend the casino violates various state and federal laws, as well as state compacts on Indian-run gambling that require the consent of all Michigan Indian tribes to open a casino on non-reservation lands.
"We call on (authorities) to take swift and immediate action to close this illegal gaming operations, which threatens to undermine the significant public support for Indian gaming here within the State of Michigan and around the country," the tribes said in a statement issued by James Nye, a spokesman for Gun Lake Tribe of Pottawatomi Indians located south of Grand Rapids.
Staffers from Gov. Jennifer Granholm's and Attorney General Mike Cox's offices are reviewing the issue, and expect to meet with Bay Mills representatives next week. John Wernet, Granholm's deputy legal counsel, said she was "surprised and disappointed" with the tribe's decision to open a casino.
"We were very much taken by surprise," Wernet said. "We're kind of scrambling, to be honest."
Wernet said he's working with the state Attorney General and the U.S. Attorney's office on a coordinated response to the new casino. He's also spoken with other Michigan tribal leaders about their concerns and expects the dispute is headed to court.
"I would be very surprised if this situation does not result in litigation," he said. "We're dismayed that (Bay Mills) would open this facility without resolving those legal issues."
Nov. 07--TRAVERSE CITY -- Two northern Michigan Indian tribes object to a casino an Upper Peninsula tribe recently opened in Vanderbilt.
Leelanau County-based Grand Traverse Band of Ottawa and Chippewa Indians is among five Michigan Indian tribes who want state and federal officials to close the new Bay Mills Resort & Casinos' operation off I-75 in northern Otsego County. It opened Nov. 3.
"We are strongly opposed to the illegal gaming activity announced by the Bay Mills Indian Community ... this attempt to conduct Indian gaming in the absence of trust land is a serious violation of the Indian Gaming Regulatory Act and long-held federal Indian gaming policy," the tribes said in a joint statement that included the Little Traverse Bay Bands of Odawa Indians of Petoskey.
The casino includes about 40 slot machines in a 1,200-square-foot former welcome center for Treetops Resort, part of 47 acres the Bay Mills Indian Community purchased in August. The Bay Mills tribe, of Brimley, also operates two U.P. casinos.
"This is something we've been working on for a long time," Bay Mills tribal Chairman Jeff Parker said in a statement.
Opposing tribes contend the casino violates various state and federal laws, as well as state compacts on Indian-run gambling that require the consent of all Michigan Indian tribes to open a casino on non-reservation lands.
"We call on (authorities) to take swift and immediate action to close this illegal gaming operations, which threatens to undermine the significant public support for Indian gaming here within the State of Michigan and around the country," the tribes said in a statement issued by James Nye, a spokesman for Gun Lake Tribe of Pottawatomi Indians located south of Grand Rapids.
Staffers from Gov. Jennifer Granholm's and Attorney General Mike Cox's offices are reviewing the issue, and expect to meet with Bay Mills representatives next week. John Wernet, Granholm's deputy legal counsel, said she was "surprised and disappointed" with the tribe's decision to open a casino.
"We were very much taken by surprise," Wernet said. "We're kind of scrambling, to be honest."
Wernet said he's working with the state Attorney General and the U.S. Attorney's office on a coordinated response to the new casino. He's also spoken with other Michigan tribal leaders about their concerns and expects the dispute is headed to court.
"I would be very surprised if this situation does not result in litigation," he said. "We're dismayed that (Bay Mills) would open this facility without resolving those legal issues."
Saturday, November 6, 2010
Michigan: Bay Mills, A Tribe with a grand sense of humor!
How grand and glorious! Finally a Slot Barn called a "Resort Casino"!
After all, why waste money on glamorous surroundings, elegant restaurants and pretense when the intent is merely to suck money out of the local economy? Simply a reverse ATM machine!
At least they offer coffee. Wonder if it's free.
After all, why waste money on glamorous surroundings, elegant restaurants and pretense when the intent is merely to suck money out of the local economy? Simply a reverse ATM machine!
At least they offer coffee. Wonder if it's free.
State Investigating New Otsego County Casino [video available at link]
Just two days after opening, the Attorney General's office is investigating a small Otsego County casino.
The Bay Mills Indian Community officially opened the new casino in Vanderbilt Wednesday.
The tribe says it's their right to operate a casino there, but other Michigan tribes, and the state government, aren't so sure.
The state says they were aware of the tribe's theory that by using special federal funds to buy the land, they had a right to open a gaming operation there.
But the governor's tribal advisor says they didn't wait until the department of interior signed off on that plan.
A meeting between the state and tribe is set for next week.
Michigan: Tribal Slot Barn
Tribal casino in Mich. site draws legal scrutiny
LANSING, Mich.
The opening of a casino in northern Michigan this week by the Bay Mills Indian Community is raising legal questions over where tribes are allowed to open new gaming locations.
Joy Yearout, a spokeswoman for Michigan Attorney General Mike Cox, said state officials will meet with Bay Mills officials next week to discuss the new casino in Vanderbilt.
Gov. Jennifer Granholm's administration is "deeply concerned" about the casino opening, spokeswoman Liz Boyd said, in part because it isn't on the tribe's reservation.
"There are substantial questions about whether the tribe in fact can legally conduct gaming on this property," Boyd said in an e-mail to The Associated Press. "We are dismayed that the tribe would open an off-reservation gaming facility without first resolving these substantial legal issues."
Other Michigan-based tribes issued a statement this week saying the new casino, which has roughly 40 slot machines, should be shut down.
The tribes, some of which run casinos that would compete with the new site, say it's an attempt to conduct gaming in the absence of trust land in violation of federal law. The competing tribes said it also violates Michigan gaming compacts that require consent from all tribes to pursue gambling on non-reservation lands.
Bay Mills runs two casinos in Michigan's Upper Peninsula, where the tribe is based. The Vanderbilt casino is in the northern part of the Lower Peninsula, about 170 miles north of Lansing.
A report in the Bay Mills tribal newspaper says tribal members have been hunting elk in the Vanderbilt area since 2007, exercising off-reservation treaty rights. Bay Mills bought the land this summer.
Tribal leaders did not immediately respond to messages seeking comment Friday.
The other tribes that objected to the new casino were the Grand Traverse Band of Ottawa and Chippewa Indians, the Gun Lake Tribe of Pottawatomi Indians, the Little Traverse Bay Bands of Odawa Indians, the Nottawaseppi Huron Band of Potawatomi Indians and the Saginaw Chippewa Indian Tribe.
LANSING, Mich.
The opening of a casino in northern Michigan this week by the Bay Mills Indian Community is raising legal questions over where tribes are allowed to open new gaming locations.
Joy Yearout, a spokeswoman for Michigan Attorney General Mike Cox, said state officials will meet with Bay Mills officials next week to discuss the new casino in Vanderbilt.
Gov. Jennifer Granholm's administration is "deeply concerned" about the casino opening, spokeswoman Liz Boyd said, in part because it isn't on the tribe's reservation.
"There are substantial questions about whether the tribe in fact can legally conduct gaming on this property," Boyd said in an e-mail to The Associated Press. "We are dismayed that the tribe would open an off-reservation gaming facility without first resolving these substantial legal issues."
Other Michigan-based tribes issued a statement this week saying the new casino, which has roughly 40 slot machines, should be shut down.
The tribes, some of which run casinos that would compete with the new site, say it's an attempt to conduct gaming in the absence of trust land in violation of federal law. The competing tribes said it also violates Michigan gaming compacts that require consent from all tribes to pursue gambling on non-reservation lands.
Bay Mills runs two casinos in Michigan's Upper Peninsula, where the tribe is based. The Vanderbilt casino is in the northern part of the Lower Peninsula, about 170 miles north of Lansing.
A report in the Bay Mills tribal newspaper says tribal members have been hunting elk in the Vanderbilt area since 2007, exercising off-reservation treaty rights. Bay Mills bought the land this summer.
Tribal leaders did not immediately respond to messages seeking comment Friday.
The other tribes that objected to the new casino were the Grand Traverse Band of Ottawa and Chippewa Indians, the Gun Lake Tribe of Pottawatomi Indians, the Little Traverse Bay Bands of Odawa Indians, the Nottawaseppi Huron Band of Potawatomi Indians and the Saginaw Chippewa Indian Tribe.
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