Press Releases
UCE's statement regarding the illegality of Turning Stone Casino
By Daniel T. Warren
Jun 18, 2007, 19:47

FOR IMMEDIATE RELEASE
CONTACT: Daniel Warren
E-Mail: d.warren@upstate-citizens.org

Upstate Citizens for Equality (UCE, http://www.upstate-citizens.org ), a grass roots organization of taxpayers in upstate New York, releases the following statement regarding the issue with the illegality of the Turning Stone Casino.

The recent decision by the United States Department of the Interior regarding its approval of the tribal-state compact between the Oneida Indian Nation of New York and the State of New York demonstrates that it has abdicated its role as charged by Congress and its role regarding Indian issues should be abolished. Richard Blumenthal, Connecticut Attorney General, in commenting on the Bureau of Indian Affairs in March, 2004 stated that “this rogue agency, out of control, lawless, ready to twist and distort logic and law in reaching a result driven by money and politics.” This is the case in its most recent action. This criticism is not only from those outside the agency, Earl Devaney the Inspector General for the U.S. Department of the Interior testified before Congress recently that “Short of a crime, anything goes at the highest levels of the Department of the Interior.” That could explain why common sense and adherence to the law doesn't seem to matter.

It is well settled that the issue of whether or not a State has entered into a compact under IGRA is determined by state law and the DOI cannot make an invalid compact valid by administrative fiat. In 1995 the New Mexico Supreme Court determined that its governor lacked the authority to enter into a compact under IGRA in the absence of legislative authorization (this is the identical issue decided by the New York courts in Peterman v. Pataki). The United States District Court of Appeals for the Tenth Circuit held that "that the Governor's lack of authority was fatal to the compacts' validity under IGRA" in Jicarilla Apache Tribe v. Kelly, 129 F.3d 535. In Pueblo of Santa Ana v. Kelly, 104 F.3d 1546 the Tenth Circuit held that "[w]hile preservation of tribal sovereignty was clearly of great concern to Congress, respect for state interests relating to class III gaming was also of great concern. We are hesitant to conclude that Congress intended to permit a state to be bound by a compact regulating class III gaming which it never validly entered."

It is clear that under the law the compact between the Oneidas and the State of New York was not validly entered into and is therefore invalid under IGRA. The governor of the State of New York is mandated by our State Constitution to enforce all laws and is bound by the judgment of our Courts that this compact was never validly entered into.

The Governor must enforce the law of the State of New York and put an end to the illegal gambling engaged in at the Turning Stone Casino. If he fails to carry out his constitutional duties UCE will do what it can to force the Governor’s hand.


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