The Tohono O’odham Nation cleared on Friday another legal hurdle on its way to opening a casino in Glendale, Arizona. The 9th U.S. Circuit Court of Appeals ruled that state legislators acted unconstitutionally back in 2011 when they gave the nod to a measure, under which Glendale would have been authorized to annex a parcel of land the tribe had formerly purchased.
The Friday ruling comes a little more than a month before the official launch of the Tohono O’odham’s gambling venue in Glendale. Tribal officials have previously pointed out that they would launch the facility, although it would be a Class II one. Originally, the tribe had planned to open a Class III casino with slot machines and table games, such as blackjack and roulette. However, the casino is to feature a total of 1089 bingo gaming machines when it opens doors on December 20.
Under a 1986 federal law, the Tohono O’odham was granted $30 million to purchase a 10,000-acre portion of land in the Maricopa, Pinal, or Pima Counties as long as it was not located within the limits of any of the cities in the said counties. The money was offered as a compensation after a state dam project flooded tribal lands. The tribe opted for the Glendale property in 2003 and revealed its ownership six years later in a bid to have the parcel made reservation land.
However, in 2011, Arizona legislators approved a law, under which a portion of land could be annexed to a given city without asking the owners if they have applied for making the parcel part of reservation land. Lawmakers and Gov. Jan Brewer, who signed the proposed legislation, said that they were against the construction of a casino near Glendale and their intention was to thwart the Tohono O’odham’s plan.
U.S. District Court Judge David Campbell has previously blocked the measure and his decision resulted in the appeal and the Friday appellate court ruling. Judge Milan Smith Jr. said that the state Legislature signed the 1986 federal law as it considered itself responsible to compensate the tribe for the lost lands due to the dam flooding.
In addition, the judge noted that the law came after it was determined that the land would be allowed reservation status. Thus, it could be said that it was preempted by the Congress’ intentions.
The Friday ruling does not end the Tohono O’odham’s legal troubles, however. The tribe is locked in another legal battle regarding a 2002 compact with the state. The Tohono O’odham was said to have violated the terms of the agreement by building a casino in Glendale.
In addition, the tribe filed a lawsuit against the state Department of Gaming after it refused to grant the necessary Class III gaming license to the Glendale casino. Daniel Bergin, Director of the Department, argued that the Tohono O’odham has committed a fraud by purposefully hiding its intentions to build a gambling venue on the Glendale parcel of land.
