Federal judge rules on Seneca casino but what now?

   The future of the Seneca Nation's Buffalo Creek Casino is as clear as the mud from last night's rain at the construction site of the planned $333 million casino and hotel now being built on the Seneca's nine acres on Michigan Avenue.

   U.S. District Judge William M. Skretny gave the Senecas a partial victory, ruling the parcel was indeed Indian country, contrary to the arguments made by casino opponents. 

   But Skretny also said that a decision by the National Indian Gaming Commission in July 2007, authorizing casino gambling at Buffalo Creek, was arbitrary, capricious and contrary to
law.   

   In other words, opponents say, keep building but don't expect to operate a casino on the property.

   Attorneys for Citizens for a Better Buffalo, which brought the suit, say gambling at the temporary casino, housed since last July in a blue metal building, is illegal and want it shut down. The Senecas say they will keep it open while they ponder their next option with the U.S. Justice Department, which along with the gaming commission, are defendants in the suit.

   What should happen now? What if the Senecas continue to lose in court? Should they just abandon the casino construction, due to get its first structural steel in weeks? Could any other use other than casino gambling justify such an expense?

   And although the Senecas casino in Niagara Falls is not included in this lawsuit, it too was built with money derived from the Congressional act that repaid the Senecas for 100 years of low-ball leases in Salamanca. Skretny ruled that it was not a land settlement act, one of the few exceptions for off reservation casinos.

   What now?

   Michael Beebe

Comments

[Welcome to Loserville]

Again, people hold back Buffalo. I want to know what this Citizens for a Better Buffalo is doing to help make Buffalo a better place? I believe they have done nothing. I dont even see them out in the community anywhere. They are just one of the few who want to hold Buffalo back in the dark ages. No jobs, no entertainment no nothing.

It is ridiculous that this is even happening. Outrageous. Lets build up the waterfront they say! Erie Canal slip? Who is gonna travel hundreds of miles to see that? NOONE. Bass Pro WHO? Thats a distant dream. If it ever does happen and who is going to travel hundreds of miles for this? NOONE. A casino and a nice one will bring, conventions, out of town visitors, musical acts (which by the way are rare here anymore) provide jobs, help the economy in some ways. I guess this organization for a better buffalo wants to see people poor, without jobs, and on welfare. They call that a better Buffalo. NYS dont allow this to happen please!

[Gary Eckert]

The anti-casino group is not anti-gambling; just simply anti-Seneca. If they were anti-gambling, they would be leading a fight against New York State to eliminate racetrack gambling halls, the lottery and other state gambling ventures. They would lead an effort to eliminate bingo and monte carlo nights. They are not!! They are simply against Seneca casinos. They are descendents of the infamous "Ogden Company" land grab of the 1840"s. As for myself, I will continue to drive to Salamanca and Niagara Falls for entertainment.

[Rick]

First off, the group isn't anti-Seneca. Let's put that one to bed. If you look the group up, they oppose all gambling. However, the casino was the bigger concern for them. Stop making it sound as if this were racially motivated. Second, the casino wasn't going to attract large numbers of outside visitors. The Senecas even stated so in their SEC filing. The large majority of their business was going to be local residents. Blocking a casino is hardly impeding development. Casinos are a lazy way to have some sort of development. You want economic activity? Push for lower personal and business tax rates. Lower property taxes. Deregulate and make WNY a more business-friendly area. Then sel the area to businesses either looking t relocate or as a place to start a business. Casinos don't work with other attractions, they compete with them- their goal is to absorb every dollar spent, be it on hotels, wagering, food/drink. It is not a complementary piece by any means. And, look around the country- it hasn't been a panacea for other communities who have tried it. In fact, it has even ruined some- Atlantic City comes to mind...

[gfy]

look at niagara falls...all around the casino is nothing but dead and closed local buisnesses who couldn't compete against their tax-free and smoker-friendly neighbor. i go to the casino once a year and most of the patrons appear to be locals who can't aford to be blowing their money on the pipe dream of striking it rich. if this casino gets built in buffalo, expect the same exact thing to happen...

largest private developement in buffalo?...1,000 jobs?...who are these poeople kidding? it is nothing more than a short term boom for a few construction companies and the labor unions...and the casino jobs are likely $10-12/hr service jobs...sweet

[urban explorer]

Right on, Rick. Look at Detroit. Has legalized casino gambling there turned that city around? Has the casino in Niagara Falls, NY done much to spur additional development in the City of Niagara Falls? NO. Will it in Buffalo? NO. A casino in Buffalo is a hugh mistake. Those who think otherwise are delusional.

[Welcome to Loserville]

$10 an hour is not bad for Buffalo. Its better than minimum wage. Its better than welfare. Its better than no job at all.

I was just talking with an attorney I know here in Downtown Buffalo. He said that the Senecas can still build and operate a casino. there are 2 types of gambling. Tier 1 that is gambling tables like blackjack, 21 etc. Then their is Tier 2. Tier 2 is like Batavia Downs and Hamburg just the slot machines. He said the Senecas can open up a Tier 2 casino and its not against the law. Tier 2 is legal here. Thats why the SNI of is still building and not carrying on. Lets see what happens. This is going to be interesting.

[urban explorer]

Oh yeah, $10 an hour is real appealing to all those college graduates that WNY produces every year. That should help stop the brain drain. Why go off to NYC, Boston, or Charlotte when I can stay in Buffalo and make $10 an hour at a parasitical industry that preys on people's weaknesses?

[Simple Country Lawyer]

Judge Skretny's reputation in the legal community is that he is a boob who had his head filled with wood. He is a great example of what the right-wing conservatives have done to the judiciary. He has a life-time appointment. The damage he does is a nightmare. Our children and grandchildren will suffer for his idiotic decisions. Thanks to him Buffalo has lost 6000 jobs and millions a year in tax revenues and business income.

[Jim]

So the largest development project in Buffalo history, which was actually happening, goes up in smoke because some snooty lawyers do not think gambling is moral. They call themselves Citizens for a Better Buffalo when in reality they are just a group who put civic responsibility aside to go along with their own personal beliefs. Kind of like forcing the lights down in Delaware Park...

Whatever happened to personal responsibility?

Yet another in a string of failed and missed opportunities in the city that I love, and this time we cannot even blame it on the local leaders.

[Welcome to Loserville]

Urban Explorer, for people here in Buffalo where there are no jobs, $10-$12 an hour is decent. All our college graduates dont want to work at a casino anyway. Any job you can find in Buffalo that keeps you off of welfare, gives you at least a sense of doing something is a good thing. I take it from the way you are bashing $10-$12 per hour you must be making over that amount? Are you willing to give a 1000 people a job? I dont think so. Is this anti-gambling company doing ANYTHING to help make Buffalo profitable so our graduates stay? No. Are they doing anything to boost the economy and keep people here? No. They do nothing but cry, complain and whine and stomp their feet. Any jobs in Buffalo, jobs in one of the poorest cities in america is A GOOD THING.

[Glenn W]

Hey Simple-Minded Lawyer, thanks to Judge Stretny, the poor people of Buffalo will be spending their money on food and clothing instead of throwing every last penny they have chasing an impossible dream.

Have you ever been to Vegas?!?!? People beg for money on the streets and then throw it into a one-armed bandit as soon as they get as much as a penny (yes, they have penny slots in Vegas).

And to Rick's point - what sort of new business looking to relocate to Buffalo is going to say "You mean we get to set up shop right next to a casino? Sign me up!"

If this casino were going to be the only casino in a 100 mile radius, it might attract visitors from outside of Buffalo. But it's not, and it won't. Who is going to drive 100 miles to play the same old games they can get by driving less than 20?

This is a huge win for Buffalo! Thanks to everyone who fought the good fight!

[Welcome to Loserville]

One more comment from me...if people are so concerned about the poor spending their money foolishly and getting addicted to gambling ending up on welfare etc. Lets get rid of all the corner stores and make buffalo a dry city. Hell I see more people on welfare doing drugs and drinking than gambling. Get your flipping heads out of the ground.

[Barton Keyes]

To the question, "What now?", the answer is probably an appeal to a higher Federal court. The decision is nearly 130 pages long. That suggests that the issues surrounding what is or is not "indian country" are complex. And complexity suggests possible areas for appeal.
The more immediate move is probably trying to obtain an injunction against the gambling that is currently going on in Buffalo. My limited legal experience suggests that to block an injunction stopping the gambling the Senecas would have to show they have a legal basis to challenge the Skretny ruling and that even a short term injunction will cause them irreparable harm.
And third, the Indians may now have the political muscle and political allies in Buffalo, Erie County Western New York and Albany to enlist help to shape a poltical solution around the ruling. They may even have the Justice Dept. on their side as the decision seems to limit the power of federal agencies to declare what is or is not "indian country" so as to permit ganbling.
Meanwhile, I have to see if I can carve out the time to read through the 120 plus pages of the legal decision to see just what is there. Maybe the decision would allow "act of Congress" to settle the matter. Maybe, not.

[urban explorer]

Welcome to Loserville: "Is this anti-gambling company doing ANYTHING to help make Buffalo profitable so our graduates stay?"

YES, they are, they have been working very hard to prevent yet another poor choice for economic development.

Am I willing to give 1000 people a job? Absolutely, as long as they are truly new jobs. Study after study has shown that those "new" casino jobs barely replace the jobs that are lost because people spending money gambling will be spending less on other things.

Let's be very clear: casinos that cater mainly to local patrons (as the Seneca's own documentation has stated) ARE NOT ECONOMIC DEVELOPMENT OR JOB CREATION TOOLS!

[Welcome to Loserville]

URBAN DWELLER - "YES, they are, they have been working very hard to prevent yet another poor choice for economic development.

Am I willing to give 1000 people a job? Absolutely, as long as they are truly new jobs. Study after study has shown that those "new" casino jobs barely replace the jobs that are lost because people spending money gambling will be spending less on other things.

Let's be very clear: casinos that cater mainly to local patrons (as the Seneca's own documentation has stated) ARE NOT ECONOMIC DEVELOPMENT OR JOB CREATION TOOLS!"

ok, what new economic stimulus has this organization done in Buffalo? Please tell me and show me. What new companies have they opened and how many jobs have they provided to Buffalo residents who do not have a college degree. I want proof and I want to see how much they are paid. A job at $10 is better than none. They have done nothing for noone but themselves.

No, the casino may not be part of economic development right now. Eventually it will. Is Bass Pro an economically sound choice? I dont know anyone from around here who can afford their prices and people from out of state are not going to come here to buy fishing gear. How many jobs is bass pro going to offer at over minimum wage wages?

This is just another step back for Buffalo. Let Fulton Street rot and fall apart like the rest of the City.

PS..this is fun this bantering back and forth..Thank you for keeping me busy.

[Poor Richard]

This is a sad day for Buffalo. Putting 1000 jobs with an average salary of $35k at risk, holding up the biggest development project in city history, and up to $8 million in city revenue, just out of anger and ignorance.

Is the IRS investigating the Wendt Foundations for illegally using its tax exempt status for political purposes? It should.

[Rick]

The Wendt Foundation can't be investigatd by the IRS- opposing a project like a casino is not political activity. Suing to stop it (or support it) is not considered a political move. And, Urban Explorer, Detroit is another very good example of casinos failing to live up to the hype. 5 casinos between Detroit and Windsor, ON and no real economic activity. It'd be tough to say that Dtroit is better off as a result. It's still poor, people are still leaving, and it's still a dangerous place to go.

[Welcome to Loserville]

People are leaving, Detroit, Buffalo etc cause there are no jobs. A casino cant be responsible for fixing a city's problems...the city has to fix itself. If a casino creates 20 jobs isnt that 20 more people with a job than there was before?

[Texas Kid]

Wow...now Buffalo will have a big half constructed lot in downtown on Indian land. I don't see where a casino would hurt downtown. Geez, it would at least look modern. I'm not sure what the Concerned Citizens for a better Buffalo are all about. I don't see anything in Buffalo worth preserving and what is this group offering?? have they offered a great solution to solving the 2nd poorest large cities reputation or the 3rd highest vacant house market in the U.S. or offer solutions like more tax cuts to bring in jobs or telling Albany and NYC that the hydropower on the Niagara is Buffalo's?? As for the concern for the poor, there you folks in Buffalo go again..worrying about the least productive in your midst and doing absolutely nothing to keep your younger generation around. Better you than me. Why doesn't the city council put this up for a vote by the PEOPLE!!! That's how Texas does it. As for this judge, sounds like another judidicial ego out of control.

[mark]

Activists obviously don't have enough to do with their time. Maybe they should get a real job and help the economy that way. The fact is people that want to gamble will still do so even if there is no casino downtown. They will just now go to Fort Erie or Niagara Falls Ontario and spend their money in canada. That sounds much better than their being in downtown Buffalo. I hear these activists on TV last night talking about how gambling breaks up families. I am sure it does, but not having a casino downtown isn't going to stop people who want to gamble from doing so. Alcohol also breaks up families and last time I checked there are plenty of bars around because people who want to drink will do so even without bars. Once again typically liberal babble. Wake up and find better things to do with your time.

[BAS]

Hey, Mark - "Once again typically liberal babble" - to be sure this is anything but a liberal way of thinking.

Let's Give credit where credit is due: to the CONSERVATIVES AND THE RELIGIOUS RIGHT - these are the people who fight against gambling, sex, drugs & rock'n'roll!

Liberals generaly believe in the "Live and let live" mantra.

[doug arrowsmith]

Hey Buffalo! The people of Salamanca would like to thank you for the extra $330 million bucks! Our once dead economy is now in full resurrection mode thanks to the Senecas and the Casino. You kind folks can wallow in your sad, self-imposed, poor us state all you want. Enjoy the big, empty, abandoned hole on your waterfront...

[Rick]

But, Loserville, how many jobs were lost over those 20? It hasn't been a net job gainer for Detroit, clearly. And yes, Detroit certainly has many other economic issues as well. If 100 casino jobs come at the expense of 100 retail and food service jobs, is that progress? Texas Kid is right- it should have gone to a vote. If the people of Buffalo had wanted it by a majority vote, then it may have been tougher to gain support for a lawsuit. As for the liberal mantra of "Live and Let Live"- in what world? Liberals are constantly telling people what to do. And, if Salamanca's current state represents development, then God help Salamanca.

[Simple Country Lawyer]

I've just poured over Skretny's lengthy decision in the Seneca case, and I can unequivocally state that he's too stupid to have written it, some smart-aleck Ivy League clerk wrote it. I'm sure Skretny doesn't even understand it. Bless our brothers in the Seneca Nation who refuse to abide by Skretny's scatological leavings and who continue to run the gambling casino that's open and who refuse to stop the construction of the new Casino. IT'S THEIR SOVEREIGN LAND AND THEIR SOVEREIGN RIGHT. CUSTER BE DAMNED as well as "SKRETNY'S LAST STAND". Go brothers to the SECOND CIRCUIT!!!!!!!!!

[T. Riordan]

This casino is not "owned" by the Seneca people", it is owned and run by an elite and wealthy group within the Seneca nation .
Meanwhile the poor Seneca people continue to use State medicaid and welfare to live waiting for their pittance check every year for allowing their name on the casinos.
Let the Seneca Nation support their own if this continues.

Meanwhile the State of New York has found a way to tax everyday citizens without them knowing their hand is in their pocket (getting a few dollars from the manual machines).Years ago the people of NY voted against legalizing gambling, the state found a way around that , by "giving" away the State in pieces to the "indian nation"..It would have been better if they had just allowed private contractors to come in than the current land grab that is going on.At least we would have had tax revenue to pay for the real cost of the project.
This will do nothing to "build up" down town, in fact it will steal business from the few local restaurants that are down there

Meanwhile we , as citizens and taxpayers will be left to pick up the pieces of the broken lives caused by gambling addictions. The cost will out weigh any small benefit.

A few jobs in exchange for lost lives and increased crime..

Those of us that are not addicted to gambling will live to regret this project.