ROHNERT PARK, CA: Stop the Casino 101 Coalition's (STC101) legal challenge to Governor Brown's gambling Compact with the Federated Indians of Graton Rancheria (FIGR) is headed for trial.
At a hearing today in the Sonoma County Superior Court, Judge Elliot Daum set a trial date of August 2, 2013, despite the pleas of the governor's attorney to send the case to federal court.? Attorney for the Plaintiffs is Michael Healy of Petaluma.
Stop the Casino 101 Coalition vs. Edmund G. Brown argues that the federal government does not have jurisdiction over the FIGR's casino site, thus it is not Indian land as defined by state law. As a result, the land is still under the state's sovereign authority and is still subject to state law. Class III gambling is not allowed on state land, only on tribal land, and the governor had no authority to enter into a compact with the FIGR.
A successful legal challenge will nullify the FIGR's gambling Compact with the State of California and make Class (casino-style) gambling illegal at the $850 million casino facility now being built on Rohnert Park's city limits.
"This is huge victory for us. We've gotten past the procedural hurdles", said Pastor Chip Worthington, founder of STC101. "We'll be able to get a judicial decision on the substantive issues."
"So far, the governor's attorneys haven't articulated a coherent response to the substantive arguments. We'll have our day in court in what could be a landmark case."
The governor's office had attempted to get the trial moved to federal court and to bring in the Secretary of the Interior and the Commissioner of the National Indian Gaming Commission. However, federal attorneys refused to be a party to the lawsuit in their January 30, 2013, special appearance to the court in which they strongly asserted federal sovereign immunity from suit.
Also at issue in the lawsuit is the 2003 Memorandum of Understanding between the City of Rohnert Park and the FIGR.?? Since the MOU doesn't apply to the current casino site, STC101 contends that the current construction of the casino, begun on June 18, 2012, is illegal, as are all subsequent agreements entered into between Rohnert Park and the FIGR.
A favorable ruling on this issue would affect the city's sewer agreement with the FIGR and the widening of Wilfred Avenue to accommodate the casino, as well as any other agreements the city might enter into.
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