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Thread: Senecas: Ruling won't close Buffalo casino

  1. #1
    Member steven's Avatar
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    Senecas: Ruling won't close Buffalo casino

    The Seneca Gaming Corp. said Tuesday's decision by U.S. District Court Judge William Skretny will not stop them from operating the Seneca Buffalo Creek Casino or moving ahead with construction of its $333 million gaming center in downtown Buffalo.

    Skretny, in a 127-page decision, ruled that a 9-acre parcel acquired by the Seneca Gaming Corp., an arm of the Seneca Nation of Indians, in 2005 is "Indian country."

    But, at the same time, Skretny said a July 2, 2007 decision by the National Indian Gaming Commission that allowed gaming to take place on the land is "arbitrary, capricious and not in accordance with the law."
    Skretny made his decision in a federal case filed against National Indian Gaming Commission by several plaintiffs headed by the anti-gaming advocacy group, Citizens Against Casino Gambling in Erie County. The Seneca Nation of Indians and Seneca Gaming Corp. were not named in the suit, but were considered friends of the court.

    An appeal, which is likely, will come from the U.S. government and not the Seneca Nation or Seneca Gaming.

    "The temporary Seneca Buffalo Creek Casino will continue to operate as usual while the Seneca Nation of Indians confers with the United States government as to the effects of today's decision," said Barry Snyder Sr., Seneca Gaming chairman, in a release issued Tuesday afternoon.
    However, one of the lawyers representing the anti-gaming contingent disputed Seneca Gaming's response.

    "If they continue to gamble, they are doing so illegally," said Buffalo attorney Richard Lippes.

    Lippes warned if gaming continues at the temporary Seneca Buffalo Creek Casino his group may seek a federal injunction to shut down the slot machine-only operation.

    No injunctions are expected to be filed against the construction of the permanent casino.

    "They can build the casino, they just can't operate it," Lippes said.

    The casino is the largest private development in Buffalo's history. The facility includes 202 hotel suites and more than 90,000 square feet of gaming space. Construction began last year. The casino is expected to open in two years.
    http://www.bizjournals.com/buffalo/s...ml?jst=b_ln_hl
    People who wonder if the glass is half empty or full miss the point. The glass is refillable.

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    Ask Richard Lippes how the folks in Hickory Woods feel about what he thinks...

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    Member dtwarren's Avatar
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    The only way it may continue to operate in light of this ruling is to apply to the court for a stay pending appeal. There is no doubt the United States will make such application and there is no doubt that there will be appeals.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

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    Member raoul duke's Avatar
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    Quote Originally Posted by steven
    The casino is the largest private development in Buffalo's history.
    Except it is not technically in Buffalo.
    One beautiful thing about having a government of the corporations, by the corporations, and for the corporations is that every disaster is measured in terms of economic loss. It's sort of like getting your arm sheared off in a car accident and thinking, "Damn, now it'll take longer to fold the laundry" as blood spurts from your arteries. - The Rude Pundit

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    Member steven's Avatar
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    Thats an interesting point raoul. The judgement did say it was native land so how can it also try to enforce US law?

    Makes my head hurt
    People who wonder if the glass is half empty or full miss the point. The glass is refillable.

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    Member raoul duke's Avatar
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    Quote Originally Posted by steven
    Thats an interesting point raoul. The judgement did say it was native land so how can it also try to enforce US law?
    Because Indian Reservations are subject to Federal law.
    One beautiful thing about having a government of the corporations, by the corporations, and for the corporations is that every disaster is measured in terms of economic loss. It's sort of like getting your arm sheared off in a car accident and thinking, "Damn, now it'll take longer to fold the laundry" as blood spurts from your arteries. - The Rude Pundit

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    Member citymouse's Avatar
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    Quote Originally Posted by cantolina
    Ask Richard Lippes how the folks in Hickory Woods feel about what he thinks...
    Don't judge a book by it's cover but.....
    In my opinion, if he was a successful lawyer, he could afford a better looking hairpiece.
    "If you want to know what God thinks of money just look at the people he gave it to."

    By the way, what happened to biker? I miss the old coot.

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    Quote Originally Posted by raoul duke
    Because Indian Reservations are subject to Federal law.

    Gambling is a state law not a federal law. What federal LAW prohibits gambling?

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    Quote Originally Posted by GG716
    Gambling is a state law not a federal law. What federal LAW prohibits gambling?
    Here it is:

    18 USC Sec. 1166

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 53 - INDIANS



    Sec. 1166. Gambling in Indian country

    (a) Subject to subsection (c), for purposes of Federal law, allState laws pertaining to the licensing, regulation, or prohibition of gambling, including but not limited to criminal sanctions applicable thereto, shall apply in Indian country in the same manner and to the same extent as such laws apply elsewhere in the State.

    (b) Whoever in Indian country is guilty of any act or omission involving gambling, whether or not conducted or sanctioned by an Indian tribe, which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State in which the act or omission occurred, under the laws governing the licensing, regulation, or prohibition of gambling in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.

    (c) For the purpose of this section, the term ''gambling'' does not include -

    (1) class I gaming or class II gaming regulated by the Indian Gaming Regulatory Act, or

    (2) class III gaming conducted under a Tribal-State compact approved by the Secretary of the Interior under section 11(d)(8)of the Indian Gaming Regulatory Act that is in effect.

    (d) The United States shall have exclusive jurisdiction over criminal prosecutions of violations of State gambling laws that are made applicable under this section to Indian country, unless an Indian tribe pursuant to a Tribal-State compact approved by the Secretary of the Interior under section 11(d)(8) of the Indian Gaming Regulatory Act, or under any other provision of Federal law, has consented to the transfer to the State of criminal jurisdiction with respect to gambling on the lands of the Indian tribe.

    (Added Pub. L. 100-497, Sec. 23, Oct. 17, 1988 , 102 Stat. 2487.)
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

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    Member dtwarren's Avatar
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    The papers on the Plaintiffs' Motion to Enforce are available as follows:

    Notice of Motion: http://www.cagnyinf.org/NoMto-Enforce.pdf
    Affidavit in Support of Motion: http://www.cagnyinf.org/Aff-CD-Murra...to-Enforce.pdf
    Exhibits to affidavit: http://www.cagnyinf.org/Aff-Exhibits...to-Enforce.pdf
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

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    Member 300miles's Avatar
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    Why didn't the judge just add a line to his original ruling stating that the class3 gambling operations must stop immediately? Why drag all this out?

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    Member dtwarren's Avatar
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    Typically when the judiciary issues a ruling involving the executive branch it presumes that the executive branch will respect its orders and obey them as a matter of respect for a co-equal branch of the government.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

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    Quote Originally Posted by 300miles
    Why didn't the judge just add a line to his original ruling stating that the class3 gambling operations must stop immediately? Why drag all this out?
    $$$$$

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    Unregistered Cgoodsp466's Avatar
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    Quote Originally Posted by dtwarren
    Here it is:

    18 USC Sec. 1166

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 53 - INDIANS



    Sec. 1166. Gambling in Indian country

    (a) Subject to subsection (c), for purposes of Federal law, allState laws pertaining to the licensing, regulation, or prohibition of gambling, including but not limited to criminal sanctions applicable thereto, shall apply in Indian country in the same manner and to the same extent as such laws apply elsewhere in the State.

    (b) Whoever in Indian country is guilty of any act or omission involving gambling, whether or not conducted or sanctioned by an Indian tribe, which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State in which the act or omission occurred, under the laws governing the licensing, regulation, or prohibition of gambling in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.

    (c) For the purpose of this section, the term ''gambling'' does not include -

    (1) class I gaming or class II gaming regulated by the Indian Gaming Regulatory Act, or

    (2) class III gaming conducted under a Tribal-State compact approved by the Secretary of the Interior under section 11(d)(8)of the Indian Gaming Regulatory Act that is in effect.

    (d) The United States shall have exclusive jurisdiction over criminal prosecutions of violations of State gambling laws that are made applicable under this section to Indian country, unless an Indian tribe pursuant to a Tribal-State compact approved by the Secretary of the Interior under section 11(d)(8) of the Indian Gaming Regulatory Act, or under any other provision of Federal law, has consented to the transfer to the State of criminal jurisdiction with respect to gambling on the lands of the Indian tribe.

    (Added Pub. L. 100-497, Sec. 23, Oct. 17, 1988 , 102 Stat. 2487.)
    Wakin the pork chop again I see.

  15. #15
    Unregistered Cgoodsp466's Avatar
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    Quote Originally Posted by dtwarren
    Typically when the judiciary issues a ruling involving the executive branch it presumes that the executive branch will respect its orders and obey them as a matter of respect for a co-equal branch of the government.
    You ant use respect anf Government in the same sentence.Some of us have no respect for this Government.

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