A US federal judge decided on Thursday not to order Arizona gambling officials to give the nod to the launch of a Tohono O’odham Nation-managed fully-fledged casino in Glendale.
Judge David Campbell explained his ruling with the fact that the tribe did not provide enough evidence to prove that Daniel Bergin, Director of the state Department of Gaming, did not have the legal right to refuse giving the necessary licenses for the operation of a Class III gambling venue. The judge further noted that he could not say with complete certainty that the tribe will win the lawsuit, which is one of the prerequisites for being granted an injunction and therefore being allowed to eventually open its casino.
The Tohono O’odham Nation has previously pointed out that it would open its $200 million facility located not far from the Arizona Cardinals stadium in Glendale no matter what the outcome of the legal battle would be. However, the casino would feature slots-like electronic bingo machines or Class II gaming, which is beyond Mr. Bergin’s authority to prohibit.
Edward Manuel, Chairman of the Tohono O’odham Nation, said that the latest ruling was only a temporary hurdle on the tribe’s road towards opening a full-scale gambling venue. He pointed out that they remain confident in the positive outcome of the legal fight.
Judge Campbell’s decision came as a bit of a surprise as formerly he had rejected Arizona’s arguments that under the terms of a voter-approved compact from 2002 that allowed tribes the right to run casinos in a way precludes the Tohono O’odham Nation building a gambling facility in Glendale.
Other Arizona-based tribes are also involved in the legal battle. The Gila River Indian Community, which operates a casino not far from the Glendale site, is among those that oppose the Tohono O’odham Nation’s bid to open its own fully-fledged facility as this would have a negative effect on the first tribe’s business.
The legal battle started with a letter that Mr. Begrin sent to Tohono O’odham officials in which he said that he would not grant the tribe the necessary licenses that would permit it provide Class III gaming in its venue. According to the Arizona Gaming Director, the tribe did not reveal its plans to run a casino on non-reservation land back in 2002 when the compact was signed. Thus, it misled voters who supported the said compact by making them believe that tribal gambling would only be limited to reservation lands.
Judge Campbell’s Thursday ruling also dismissed the Tohono O’odham Nation’s claim that Arizona Gov. Doug Ducey together with Attorney General Mark Brnovich had illegally interfered with the tribe’s plan to open the Glendale casino by advising Mr. Bergin not to issue the licenses needed.
The tribe can face another setback even if Judge Campbell eventually rules in its favor. The US House has previously approved a measure introduced by Rep. Trent Franks (R-Arizona), which calls for a casino to be prevented from opening doors on the Glendale site until 2027. The proposed legislation is yet to be considered by the Senate.
