Controversy in Broken Arrow

Rendering of the Red Clay Casino in Broken Arrow. Courtesy

Overview: On Dec. 20, a Broken Arrow city planning official confirmed that the Kialegee Tribal Town was planning to build a gaming establishment in the city and call it the Red Clay Casino.

The federally recognized tribe plans to open a temporary facility in March that would consist of about eight to 12 prefabricated buildings with slot machines. The tribe plans to build a permanent casino building that would be complete around the beginning of 2013.

The land is at the southwest corner of South Olive Avenue (129th East Avenue) and West Florence Street (111th Street), just north of the Creek Turnpike.

This announcement came to a surprise to Broken Arrow residents, resulting in public meetings, protests and a legal battle.

This page provides continuing coverage of the controversy.

Headlines

OLDEST FIRSTNEWEST FIRST

Kialegee casino appeal hangs in circuit court 10/10/2012 Investors behind the stymied Red Clay Casino in Broken Arrow did not have much luck recently in getting the Muscogee (Creek) Nation to breathe new life into their court-defeated casino effort.

Casino buildings in Broken Arrow defended 8/18/2012 Developers behind the stymied Red Clay Casino staunchly defended the construction methods used in the installation of a series of modular buildings that have been criticized by a local architect.

Tulsa law firm sues MCZ Development Corp. for fraud after representing Kialegee Tribal Town in its quest for a casino 8/4/2012 A local law firm that withdrew its representation of the Kialegee Tribal Town, its town king and Florence Development Partners LLC because it has not been paid is now suing a Chicago real estate developer that is behind the stymied casino development in Broken Arrow for fraud.

Judge won't stop Kialegees from running nongaming business at BA site 8/1/2012 The U.S. District Court will not stop the Kialegee Tribal Town from operating a restaurant, sports bar or other nongaming businesses on a Muscogee (Creek) allotment in Broken Arrow.

Broken Arrow casino ruling won't be reconsidered 7/31/2012 Chief U.S. District Judge Gregory Frizzell will not reconsider his previous granting of an injunction against the operation of an Indian casino in Broken Arrow.

Injunction stopping Broken Arrow casino construction stands 7/30/2012 Chief U.S. District Judge Gregory Frizzell will not reconsider his previous granting of an injunction against the operation of an Indian casino in Broken Arrow.

Fans, foes of proposed Kialegee Tribal Town casino in Broken Arrow claim racism 7/18/2012 Accusations of racism were thrown between supporters and opponents of a proposed Kialegee Tribal Town casino at Tuesday night's City Council meeting.

Racism charges levied by Broken Arrow casino supporters, opponents 7/17/2012 Accusations of racism were thrown between supporters and opponents of a proposed Kialegee Tribal Town casino at Tuesday night’s City Council meeting.

Judge says fireworks sales at Kialegee casino construction site didn't violate court order 7/10/2012 The Kialegee Tribal Town did not violate a court-ordered injunction against the construction of an Indian casino by operating a fireworks stand this summer, a federal judge ruled Monday.

BA casino defendants say fireworks sales at site were legal 7/6/2012 The defendants behind a proposed Indian casino in Broken Arrow say they do not believe that selling fireworks was a violation of a court injunction against further construction of a gaming facility at the site.

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NO! to another Tribe

Gaming commission rules against Kialegee casino
   

 

Construction progress on the Kialegee Casino in Broken Arrow last week. STEPHEN PINGRY/Tulsa World                         

Broken Arrow site determined not to be eligible for gambling under Indian Gaming Regulatory Act, congressman says.

By Staff Reports
Published: 5/25/2012 3:09 PM
Last Modified: 5/25/2012 4:18 PM

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Document: Read the memorandum here.

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The National Indian Gaming Commission has determined that the site of a proposed casino in Broken Arrow does not belong to the Kialegee Tribal Town and is not eligible for gambling, U.S. Rep. John Sullivan announced Friday afternoon.

"This is a huge win for the citizens of Broken Arrow who stood up and affirmed 'We don't want casino gaming close to our neighborhoods, churches and schools,'" Sullivan said in a news release.

"The citizens of Broken Arrow can rest assured that there will never be a Kialegee casino built on that land."

Sullivan noted that the solicitor general for the Bureau of Indian Affairs concurred with the gaming commission's decision that the land was not eligible for gaming under the Indian Gaming Regulatory Act.

Last week, U.S. Chief District Judge Gregory Frizzell granted a temporary injunction against the Kialegee Tribal Town and its casino developers, saying the casino would violate the state gaming compact and the Indian Gaming Regulatory Act because the Kialegees do not have "Indian lands."
The federally recognized tribe has been building a temporary facility that would consist of about eight to 12 prefabricated buildings with slot machines. The tribe had plans to build a permanent casino building that was to be complete around the beginning of 2013.

The land is at the southwest corner of South Olive Avenue (129th East Avenue) and West Florence Street (111th Street), just north of the Creek Turnpike.

Broken Arrow Citizens Against Neighborhood Gaming organizers Jared Cawley and Rob Martinek praised Sullivan for his help opposing the casino proposal.

"He helped us present our case and pushed the NIGC and BIA to issue a ruling," Cawley and Martinek said in a prepared statement. "We are very proud of Congressman Sullivan's steadfast and energetic defense of the families of Broken Arrow."

http://www.tulsaworld.com/news/article.aspx?subjectid=685&articleid=20120525_685_0_TheNat956817

Broken Arrow: Tribal Casino Nixed

Citizens Against Neighborhood Gaming in Broken Arrow

Commission rules that land for Oklahoma tribe's proposed casino not eligible for gambling

THE ASSOCIATED PRESS First Posted: May 26, 2012

TULSA, Okla. — The National Indian Gaming Commission has ruled that the site for a proposed Native American casino in Broken Arrow isn't eligible for gambling.

In a letter to the Kialegee Tribal Town dated Friday, commission chairwoman Tracie Stevens wrote that while the property is on American Indian land, the Muscogee Creek Nation, not the Kialegee Tribal Town, has legal jurisdiction over it.

The Office of the Solicitor for the U.S. Department of the Interior agreed with the opinion, the Tulsa World (http://bit.ly/Kb7zNv) reported in Saturday's editions.

On May 18, U.S. District Judge Gregory Frizzell granted a temporary injunction against the Kialegee Tribal Town and its casino developers on grounds that the Wetumka-based tribe doesn't have jurisdiction over the 20-acre parcel of land.

Town King Tiger Hobia and attorneys have said the tribe doesn't need permission from the commission or others to build a casino on the property, which was being leased to the developer by Creek Nation members and property owners Wynema Capps and Marcella Giles.

Besides the jurisdiction issue, Stevens also wrote that the commission had told the tribe repeatedly they were still reviewing whether the site was eligible for gaming.

Stevens wrote that if gaming occurs on the site, "I will exercise my enforcement authority to issue a notice of violation and temporary closure order."

Attorney Dennis Whittlesey, who represents the tribe, didn't return an email seeking comment on Saturday.

Lawyers have said the tribe plans to appeal Frizzell's decision to the 10th U.S. Circuit Court of Appeals.
Some residents of the Tulsa suburb have opposed the casino because of its proximity to schools and a daycare. Broken Arrow Citizens Against Neighborhood Gaming gathered more than 10,000 signatures on a petition that was presented to federal agencies.

"If we hadn't spoke up, nobody would have said a word," the group's spokesman, Jared Cawley, said. "I would like to think that the NIGC would have done their job, but it didn't look like it to me. I think it shows and gives hope to communities that you don't have to just sit back and let things happen around you."

http://www.therepublic.com/view/story/d5828b1793ad4f328d4cfc93c05bf4ad/OK--Indian-Casino-Flap/

Broken Arrow Opposition

Pruitt shows effective leadership

Attorney General Scott Pruitt has not only voiced his opposition to a casino in Broken Arrow, he is taking actions to correct this injustice.
That stands in stark contrast to a host of city and national politicians who say they oppose the casino and yet have taken no steps that have a chance of halting its opening.
Pruitt filed a lawsuit in U.S. District Court in Tulsa against Kialegee Tribal King Tiger Hobia and others to stop construction of the Red Clay Casino at 111th Street and 129th East Avenue in Broken Arrow.
Even without the approval of the Bureau of Indian Affairs, the tribe and its nontribal partners are busy preparing the site for gambling operations.
Broken Arrow city officials started acting as though they opposed the casino after nearby homeowners rose up to stop its construction. Apparently, city officials and members of the Broken Arrow Chamber of Commerce knew about the coming casino before it was public knowledge yet did nothing to stop it.
The casino is across the street from Tulsa Tech, a block or two from residential neighborhoods, down the street from a church and very close to the site of a proposed new public elementary school.
In other words, a terrible place to build a casino (as if any place was suitable for a 24-hour gambling den).
It is uncertain if Pruitt’s lawsuit can stop the casino but at least he is trying an approach that has a chance for success.
Writing letters to federal bureaucrats won’t get the job done when millions of dollars are backing a casino that Broken Arrow families don’t want.

Hundreds pray at Red Clay Casino site

Hundreds pray at Red Clay Casino site
Reported by: Sharon Phillips

They came by the hundreds lining the sidewalks with prayer cards in hand.

At least a dozen churches gathered for a prayer walk near the construction site of the Red Clay Casino. The Kialegee tribe is building the casino on the southwest corner of 129th and 111th in Broken Arrow.

The hope is the tribe would build something more beneficial to the area like a hospital or a clinic for families, rather than a casino. On Sunday, they asked God for a miracle.

With the blast of the horn hundreds lined the sidewalk. With heads bowed and eyes closed, they came to pray for wisdom and courage for those with influential authority.

Gary Harber is the pastor of St. James United Methodist Church. He’s seen how gambling can tear a family apart.

"There have been fathers and husbands that got caught up in gambling and I'm sure there are other too and their family lost their house and their marriage in divorce, now that doesn't happen to everyone,” says Harber.

Plans for a new casino have sparked widespread controversy with many saying there are more beneficial ways to earn a profit.

"There could be a food distribution center of some kind, there could be a clinic that would help single parent moms and kids,” says Harber.

"There has been a lot of broken families and broken homes because of gaming,” says April Slezak.

“Gambling debt is not something that a lot of people talk about. A lot of people feel foolish for having ever gotten there,” says Pastor Chris Buskirk.

The hope is a solution could be reached that would benefit the surrounding community and the Kialegee tribe as well.

"God is in control of everything and I just feel like in my heart, He can stop this,” says Carolyn Schutte.

Many were handed prayer cards with this scripture that reads: Matthew 18:19 “If two of you agree on earth about anything that they may ask, it shall be done for them by my father in heaven. For where two or three have gathered together in my name, there I am in their midst.”

After thirty minutes of quiet prayer, the horn sounded again, bringing a resolution for now. The prayer walk was very calm in nature with many praying silently or quietly together. One person did show up to protest the walk by bringing a poster and shouting profanity. Overall, the day’s event was peaceful.

The Red Clay Casino is currently under construction and is expected to open for business in late March or early April.

Oklahoma: Rep. Sullivan still looking for answers on BA casino

Rep. Sullivan still looking for answers on BA casino
By: Sara Goldenberg

BROKEN ARROW, Okla. - Congressman John Sullivan is confident the controversial Red Clay Casino in Broken Arrow will be stopped in its tracks.

But he's still waiting for answers from the Bureau of Indian Affairs.

A Republican precinct meeting in Broken Arrow this Saturday doubled as a town hall meeting about plans for a controversial casino.

Some residents argued the Kialegee Tribe has not gone through the proper channels to build the casino at 111th and South 129th East Avenue. Yet the tribe claims it needs no further approval to build the casino-- and the site is on Indian land.

"They should have to abide by the same rules everybody else does. If they're a part of the community, taking services, they should have to go through the same exact approval process as everyone else does," said Jeff Ivers.

Walt Brazington says it comes down to the location.

"They're going straight ahead, with what they're trying to do, despite what anyone else thinks about it. I think that's a mistake," Brazington said.

The casino site is just down the street from several neighborhoods and a church.

"There are plenty of casinos in the area that people can attend, or go to, they're just seven or eight miles away, so I don't think we need one in Broken Arrow," he said.

Congressman John Sullivan is confident the casino will be stopped.

"My hat's off to them, they're very creative," he said. "But this is not the proper way to do it. People don't want it next to neighborhoods, churches and schools. It's wrong, and we're going to stop it."

He and Senator Jim Inhofe sent a letter to the Bureau of Indian Affairs demanding answers weeks ago. They set a deadline for this past Friday and have not heard back yet. In the meantime, Congressman Sullivan is staying busy, writing new legislation.

"What my legislation would do, is it's going to give local communities like Broken Arrow a say in the process. They have to check off on it, whether they want it or not, before it ever happens," Rep. Sullivan said.

The Kialegee Tribe says it's filed the necessary paperwork for gaming. An offshoot of the Creek Confederacy, it says it shares jurisdiction over the land with the Muscogee (Creek) Nation.

"We have just as much jurisdictional right to that property as any other tribal town," said Vicki Sousa, attorney for the Kialegee Tribe.

Congressman Sullivan says he'll check in again with the BIA on Monday, with hopes for some answers. The case is still under federal review.

Read more: http://www.kjrh.com/dpp/news/local_news/rep-sullivan-still-looking-for-answers-on-ba-casino#ixzz1lStKKspW

Rally opposes casino plans

Rally opposes casino plans

U.S. Rep. John Sullivan and other officials join public opposition at a local church.
By SUSAN HYLTON World Staff Writer

BROKEN ARROW - An array of elected officials, school leaders and ministers publicly announced their opposition to a planned Indian casino at a rally that nearly filled the 1,300-seat sanctuary of a local church Thursday night.

Congressman John Sullivan told those gathered that he has a meeting planned with officials from the National Indian Gaming Commission and the Bureau of Indian Affairs on Wednesday. At that meeting he hopes to have numerous legal questions answered regarding the legality of gaming operations on Muscogee (Creek) Nation allotted land that is owned by two sisters at the southwest corner of Olive Avenue (129th East Avenue) and Florence Street (111th Street).

"You are the ones making a difference here. It isn't us," he told the audience. "You are the backbone of this movement."

Sullivan urged more people to sign a petition - which more than 4,250 people have already signed - against the casino's construction, and he said he will take back to Washington a video of the evening's event, at which more than 30 officials went on the record as opposing the casino. Thunderous applause followed each of the officials' statements.

Among the officials there were the entire Broken Arrow City Council, including Mayor Mike Lester; Tulsa Mayor Dewey Bartlett; Tulsa County Commissioners John Smaligo and Fred Perry; a spokesman for U.S. Sen. Jim Inhofe; and numerous state senators and representatives, ministers and school officials.

In the long-term, Sullivan said, he is considering drafting legislation. "We want to make sure we don't allow casinos to be built next to neighborhoods, churches and schools," he said. "We have to fight, fight, fight - get everyone involved - because if we don't, it will set a precedent" for expanded gaming.

"There's allotted land all over our community," he said. "It's going to open a Pandora's box all across our great community, all across our great state."

The event was organized by the Broken Arrow Citizens Against Neighborhood Gaming and was hosted by The Assembly at Broken Arrow, an Assemblies of God congregation.

Jared Cawley, a spokesman for Broken Arrow Citizens Against Neighborhood Gaming, said he doesn't think the casino developers' lease is valid because it hasn't been approved by the U.S. Department of the Interior.

He said allotted or restricted lands cannot be sold, leased, mortgaged or built upon without that agency's approval because it has a duty to protect the financial interests of the tribe or individual.

Tulsa County land records show that the lease was signed by Shane Rolls of Golden Canyon Partners, manager of Florence Development Partners LLC, the tenant; Marcella Giles and her sister Wynema Capps, the land owners; and Tiger Hobia, the mekko, or town king, of the Kialegee Tribal Town, a federally-recognized tribe that is also part of the Muscogee (Creek) Nation.

In addition, the National Indian Gaming Commission has not made a determination on whether the land if eligible for gaming.

"It's a bit disingenuous for the developer to now say we've got all the approval we need when as far back as 2006 and as recently as September the NIGC said ... there has been no determination for Indian gaming on those lands," Cawley said.

Cawley said the residents group would consider filing for a court injunction or a civil suit if efforts with the National Indian Gaming Commission fail.


County, city officials show their opposition
The Tulsa County commissioners approved a resolution Thursday expressing their opposition to the Kialegees' planned casino in Broken Arrow.

The resolution states, in part, that the commissioners respectfully request "that the honorable leadership of the Kialegee Tribal Town select a more suitable location within its jurisdiction."

The Tulsa County commissioners are Republicans Fred Perry and John Smaligo and Democrat Karen Keith.

In their resolution, the commissioners cite several reasons for opposing the project, including their belief "that the citizens of Broken Arrow would be well served by a higher and better use of the property in question, more in keeping with the zoning and planning conventions of the community."

Also on Thursday, the Tulsa City Council approved a resolution supporting Broken Arrow's opposition to the casino.

Councilor Phil Lakin said Broken Arrow " is the first among us to carry the torch to oppose this thing being dubbed as 'casino shopping.' "

Rumors are swirling that a casino is being considered for Indian land in Lakin's south Tulsa district at 111th Street and Yale Avenue, just four miles from the Broken Arrow site.

- Kevin Canfield and P.J. Lassek, World Staff Writers

Read more from this Tulsa World article at http://www.tulsaworld.com/news/article.aspx?subjectid=685&articleid=20120113_11_A1_CUTLIN836388

Protestors show up in opposition to new casino

Protestors show up in opposition to new casino
Indian tribe to build facility near schools
By Chris Davis and Russell Mills

TULSA, Okla. —

The signs say it all. About 100 Broken Arrow residents showed up where a press conference was set to take place Thursday on the casino being built at S. 111th St. and 129th E. Ave.

"Save BA-No Casino" read one sign. Others said pretty much the same.

The press conference was led by Jared Cawley, an expert on Indian law and a resident of the neighborhood just north of the casino site.

He says the project is illegal under state, federal and local law and residents will do what it takes to get it stopped.

The Kialegee Tribal Town, a group affiliated with the Muscogee (Creek) Nation, is planning a temporary slot machine facility that could open as early as March.

The tribe apparently claims sovereignty over the tract of land, according to signs posted there.

However, no one -- including the Kialegee Tribal Town, the Muscogee Nation, their attorneys, the developers, or the land owners will talk with residents or the media about the situation.

A more permanent structure would open in 2013. The complex would be called the Red Clay Casino.

But, not if Broken Arrow residents have their way. Many have shown up at city council meetings vocalizing their opposition to the planned gambling establishment, fearful of a moral breakdown in their town.

However, protesters said Thursday, the council has so far refused to allow an agenda item on the casino for next Tuesday's council meeting.

Some in Thursday's crowd say they're opposed to gaming on moral grounds. Others say they just think the location's wrong.

Phil Dietz, another neighbor, told KRMG "I'm not necessarily against gaming in general, but this is the wrong place for a casino."

He points out that Tulsa Tech's Broken Arrow campus is immediately across the street. The land to the northeast will soon become home to a new pre-k and elementary school.

North of the casino project, quiet neighborhoods where Dietz fears property values will begin to drop if the casino gets built.

Lori Pettus says she's extremely concerned about the proximity of the vo-tech, where inexperienced high school-age drivers will "according to the law of averages" come in contact with impaired drivers leaving the casino after drinking.

She's also fearful of the intentions of the builders, who have not communicated at all with area residents. People in the area all say they learned about the project when giant earthmovers began working on the site.

"We are all very concerned about the conspiracy of silence that has enveloped this whole operation," she told KRMG. "If we cannot stop this, then any community is vulnerable, any community can be invaded.

Perhaps the sign which most succinctly and directly summed up the feelings of the crowd read simply: "CasiNO."

Outgoing Muscogee chief, Broken Arrow residents fighting proposed casino by Kialegee

Outgoing Muscogee chief, Broken Arrow residents fighting proposed casino by Kialegee
THE ASSOCIATED PRESS

BROKEN ARROW, Okla. — The outgoing chief of the Muscogee (Creek) Nation and residents of Broken Arrow are fighting a proposed casino by the Kialegee Tribal Town.

The casino would be built on land leased to the Kialegee, but a judge has withheld approval of the lease and the National Indian Gaming Commission has said it's reviewing whether the land is eligible for gambling.

Chief A.D. Ellis, whose term ends at midnight Saturday, told the Tulsa World (http://bit.ly/vNW3Hi ) that plans for the casino must be stopped.

"They just don't have the expertise to do anything like this," he said. "If they get by with this, there will be somebody else, then somebody else."

Local residents also oppose the casino, saying it would be built near a planned early childhood center, a church and a Tulsa Technology Center campus.

Current Chief A.D. Ellis told the Tulsa World that the Kialegee have no experience with casinos and that the facility would hurt his tribe's casino in nearby Tulsa .

Tiger Hobia, the Town King of the Kialegee Tribal Town, has declined interview requests, but issued a statement on Dec. 24.

"The Kialegee Tribal Town project is the epitome of the Congressional vision for Indian economic development. The Kialegee Tribal Town, to date, has had no viable economic development opportunities. As such, the Kialegee Tribal Town is dependent on limited allocations and subsidies to fund its tribal operations. Consequently, the Kialegee Tribal Town does not possess the resources to provide any programming to serve the needs of its members. This is one of the very reasons the Indian Gaming Act was enacted," the statement said.

Ellis, who did not seek re-election because of term limits, said he believes the planned casino would be detrimental to his tribes' River Spirit Casino in nearby Tulsa, which employs about 1,000 workers.

"We worked hard. This was a battle getting this built. A lot of things depend on it, and a lot of things depend on how successful this is," Ellis said. "I'd hate to see layoffs."

Ellis also said he believes another casino in the metro area would hurt the tribe's gaming-funded programs for seniors, children and college students who are Creek citizens including the Kialegees, who have dual citizenship.

___

Information from: Tulsa World, http://www.tulsaworld.com

Broken Arrow Opposition

Tulsa County Commissioner, State Rep Oppose BA Casino
Russell Hulstine, NewsOn6.com

BROKEN ARROW, Oklahoma - Tulsa County Commissioner Fred Perry and State Representative Mike Ritze (Republican - Broken Arrow)announced Friday they are opposed to the proposed casino in Broken Arrow.

In a statement, Perry agrees with nearby residents of the proposed casino about it being a poor location near 129th East Avenue and 110th Street South.

"The location is a poor one for the reasons mentioned by the residents. In addition, while the proponents of casinos like to talk about jobs created, they ignore the fact that, without casinos, disposable income could be spent on other goods, services and entertainment which would create jobs or sustain existing jobs," Fred Perry said.

State Representative Mike Ritze also voiced his opposition to the casino on Friday. He issued the following statement:

"There is no doubt the proposed casino would be detrimental to the quality of life in Broken Arrow, including creating a hazard for children attending school and pre-school in the area where the facility would be built," said Ritze, R-Broken Arrow.

"The local community does not support the project and an official with the National Indian Gaming Commission has suggested the project may be in violation of the Indian Gaming Regulatory Act and other federal laws. I and the hundreds of Broken Arrow residents who protested the project this week appreciate the support of Muscogee (Creek) Nation Chief A.D. Ellis, U.S. Rep. John Sullivan and Tulsa County Commissioner Fred Perry.

"We find it inexcusable that a handful of monied individuals continue their attempts to ram it through without buy-in from local citizens," he said.

Ritze said that societal problems associated with casinos, such as gambling addiction and criminal activity, can impose significant additional costs for the surrounding community and its taxpayers.

Fred Perry says while he was in the Oklahoma Legislature, he opposed casino gambling in the state.

"This is why I voted and spoke against casino gambling while in the Oklahoma legislature. Additional casinos in the Tulsa metro area and especially in locations such as the one proposed by the Kialegee Tribal Town in Broken Arrow, will be detrimental," Fred Perry said.

12/29/2011 Related Story: Broken Arrow Residents Fight To Stop Casino

Earlier this month, the Kialegee Tribal Town is building the Red Clay Casino just north of the Creek Turnpike in Broken Arrow.

Growing Broken Arrow Opposition

Oklahoma Congressmen Lobbies To Derail Broken Arrow Casino

TULSA, Oklahoma - Opponents to a Broken Arrow Casino under construction just got a powerful ally. Congressman John Sullivan is lobbying to derail plans to build the city's first casino.

The Kialegee Tribal Town wants to have a casino up and running at 111th and 129th East Avenue in the next three months.

Sullivan says his office has been flooded with calls from upset constituents, and is asking the National Indian Gaming Commission to consider the public outcry before issuing the casino a gaming license.

Read The Letter

Nearby residents are opposed to the casino, fearing it will bring more traffic and crime to the area.

The National Indian Gaming Commission is still determining whether to give the tribe the go-ahead.

12/20/2011 Related Story: Broken Arrow City Council Gets Earful From Residents Over Casino


Congressman sends letter to gaming commission concerning proposed BA casino
From Staff Reports

Rep. John Sullivan (R-Oklahoma) sent a letter Friday addressing concerns over a proposed casino in Broken Arrow to the National Indian Gaming Commission Chairwoman Tracie Stevens.

Broken Arrow residents upset about a planned casino settled among neighborhoods near the Creek Turnpike made their voices heard earlier this week at a Broken Arrow City Council meeting.

The Kialegee Tribal Town, which is federally recognized, has started development on a casino at the southwest corner of West Florence Street and South Olive Avenue near the Creek Turnpike.

City officials said because the facility - likely to be named the Red Clay Casino - is on tribal land, the city has no role in the planning or construction process. The tribe only had to apply for sewer and water permits from the city.

According to the tribe’s Facebook Page, the 439-person tribe is headquartered in Wetumka and is considered part of the Muskogee (Creek) Nation. The tribe operates a day care, gas station and smoke shop.

The following is a copy of Rep. Sullivan's letter:


December 23, 2011

The Honorable Tracie L. Stevens

Chairwoman

National Indian Gaming Commission

1441 L Street NW, Suite 9100

Washington DC 20005

Dear Chairwoman Stevens:


I am writing in regard to the Kialegee Town's gaming license application to the National Indian Gaming Commission (NIGC) concerning their proposed gaming facility in Broken Arrow, Oklahoma and stating my opposition to this facility.

My understanding is the NGIC is currently conducting a land eligibility review of the Kialegee Tribal Town's pending gaming license for a Class III casino located at the southwest corner of Olive Avenue (129th East Avenue) and Florence (111th Street) in Broken Arrow, Oklahoma.

A considerable number of members of Broken Arrow residents have contacted me in recent days expressing their concerns with the proposed location of this gaming facility. Their specific concerns include the proposed casino's close proximity to schools; strain on public resources including public safety, roads and increased traffic through the city; and the perceived "below the radar" path this development has taken to date.

As you continue to deliberate on your decision to approve or deny a gaming license to the Kialegee Tribal Town, I urge you to take into consideration the local community views regarding this proposed casino location. As you know, Oklahoma has a long history of working with tribes and local communities to ensure that the interested of all stakeholders are considered before a gaming license is issued. It is my hope that the resolution to the Kialegee Tribal Town gaming licenses will conclude in a manner favorable to all parties involved.

I appreciate your consideration of this request, and I look forward to your response.

Sincerely,

John Sullivan

Member of Congress