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Casino arguments canceled
By Hillary Gavan and Clint Wolf
hgavan@beloitdailynews.com
NY senator: Decision near on ‘commutable’ rule change
Oral arguments in the St. Croix Chippewa appeal of a decision to deny an off-reservation casino in Beloit have been canceled.
Meanwhile, according to a prominent U.S. senator from New York, a decision may be near concerning the very issue the St. Croix Chippewa tribe is disputing.
Oral arguments were to begin Nov. 13 in the U.S. Court of Appeals in Washington, D.C., relating to the St. Croix Chippewa’s challenge to new rules the Department of Interior placed on off-reservation casinos. At the heart of the dispute was the “distance” rule put in place that stated tribal reservations must be in “commutable distance” of the proposed off-reservation casino site.
However, according to a document from the U.S. Court of Appeals, oral arguments in that case have been called off. The court decided oral arguments will not be necessary in the case and the decision will be made based on records and presentations in briefs.
Joe Hunt, spokesman for the St. Croix and Bad River casino project, said this morning that the cancellation of the oral arguments was an unexpected development, and could mean the U.S. government could back off the policy of denying off-reservation casinos.
The good news, Hunt said, is that today Secretary of the Interior Ken Salazar and cabinet ministers are meeting with tribes from around the country. He added more than 400 tribal leaders are in Washington to discuss the policy, including St. Croix Vice Chairman Lewis Taylor.
Hunt said this is the third report he’s heard that there is going to be an adjustment in the policy.
“We are very interested in hearing what happens today. It’s wait and see. We still have a strong case,” Hunt said.
Hunt added there’s been chatter the off-reservation issue is going to be adjusted by the Obama Administration.
“We are listening carefully to what is being said in Washington today,” Hunt said.
In another development, U.S. Sen. Charles E. Schumer, D-New York, states on his Web site, he expects a decision that may overturn the “commutable distance” within weeks.
On Schumer’s Web site it states “the Department of Interior will make its decision on whether to overturn or modify its blanket ban on all off-reservation gaming — set in place by former Interior Secretary Dirk Kempthorne — in coming weeks.”
Schumer said he learned of this in a direct conversation with current Interior Secretary Ken Salazar.
The possibility of overturning this policy could have a direct impact on the proposed off-reservation casino project in Beloit that has been planned by the St. Croix and Bad River bands of Chippewa.
In January of 2008, Kempthorne denied 22 off-reservation, land-in-trust applications for gaming facilities citing a new “distance” rule, saying off-reservation gaming facilities must be within commutable distance of the reservation of the applicant.
The Beloit casino project was one of the applications denied, but another application denied was that of the St. Regis Mohawks who sought to build a casino at the Monticello Raceway in Sullivan County in New York.
Schumer has long been a proponent of the casino project in New York and has advocated for overturning the “distance test.”
Schumer also has urged Salazar to not ask applicants to resubmit gaming applications if the distance rule is overturned, but instead “pick up where they left off,” in the application process.
The St. Croix and Bad River bands of Chippewa have been working to get an off-reservation casino in Beloit for more than 10 years.
Last week, the Ho-Chunk tribe announced they have purchased 37 acres of land in Beloit where the Beloit Casino was planned to be located. At this time, it is unknown how that development would impact the Chippewa application.
Oral arguments in the St. Croix Chippewa appeal of a decision to deny an off-reservation casino in Beloit have been canceled.
Meanwhile, according to a prominent U.S. senator from New York, a decision may be near concerning the very issue the St. Croix Chippewa tribe is disputing.
Oral arguments were to begin Nov. 13 in the U.S. Court of Appeals in Washington, D.C., relating to the St. Croix Chippewa’s challenge to new rules the Department of Interior placed on off-reservation casinos. At the heart of the dispute was the “distance” rule put in place that stated tribal reservations must be in “commutable distance” of the proposed off-reservation casino site.
However, according to a document from the U.S. Court of Appeals, oral arguments in that case have been called off. The court decided oral arguments will not be necessary in the case and the decision will be made based on records and presentations in briefs.
Joe Hunt, spokesman for the St. Croix and Bad River casino project, said this morning that the cancellation of the oral arguments was an unexpected development, and could mean the U.S. government could back off the policy of denying off-reservation casinos.
The good news, Hunt said, is that today Secretary of the Interior Ken Salazar and cabinet ministers are meeting with tribes from around the country. He added more than 400 tribal leaders are in Washington to discuss the policy, including St. Croix Vice Chairman Lewis Taylor.
Hunt said this is the third report he’s heard that there is going to be an adjustment in the policy.
“We are very interested in hearing what happens today. It’s wait and see. We still have a strong case,” Hunt said.
Hunt added there’s been chatter the off-reservation issue is going to be adjusted by the Obama Administration.
“We are listening carefully to what is being said in Washington today,” Hunt said.
In another development, U.S. Sen. Charles E. Schumer, D-New York, states on his Web site, he expects a decision that may overturn the “commutable distance” within weeks.
On Schumer’s Web site it states “the Department of Interior will make its decision on whether to overturn or modify its blanket ban on all off-reservation gaming — set in place by former Interior Secretary Dirk Kempthorne — in coming weeks.”
Schumer said he learned of this in a direct conversation with current Interior Secretary Ken Salazar.
The possibility of overturning this policy could have a direct impact on the proposed off-reservation casino project in Beloit that has been planned by the St. Croix and Bad River bands of Chippewa.
In January of 2008, Kempthorne denied 22 off-reservation, land-in-trust applications for gaming facilities citing a new “distance” rule, saying off-reservation gaming facilities must be within commutable distance of the reservation of the applicant.
The Beloit casino project was one of the applications denied, but another application denied was that of the St. Regis Mohawks who sought to build a casino at the Monticello Raceway in Sullivan County in New York.
Schumer has long been a proponent of the casino project in New York and has advocated for overturning the “distance test.”
Schumer also has urged Salazar to not ask applicants to resubmit gaming applications if the distance rule is overturned, but instead “pick up where they left off,” in the application process.
The St. Croix and Bad River bands of Chippewa have been working to get an off-reservation casino in Beloit for more than 10 years.
Last week, the Ho-Chunk tribe announced they have purchased 37 acres of land in Beloit where the Beloit Casino was planned to be located. At this time, it is unknown how that development would impact the Chippewa application.
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