Three Arizona officials have been sued by the Tohono O’odham Nation in relation to the tribe’s bid to launch a casino in Glendale.
Attorneys for Attorney General Mark Brnovich and Gov. Doug Ducey told U.S. District Judge David Campbell on Friday that the tribe does not have the legal right to sue them as neither official has the authority to do what the Tohono O’odham Nation had formerly requested – to be issued a court order, under which it would be able to open its venue by the end of 2015.
According to Brett Johnson, leading lawyer for the two state officials, commented that such an order can only be issued by Daniel Bergin, who is taking the position of Director of the Arizona Department of Gaming. Mr. Bergin, too, has a pending lawsuit against him.
Matthew McGill, lawyer for the gaming official, did not contend his client’s authority to issue the casino gaming license. However, he pointed out that Arizona is immune to tribal lawsuits filed to the federal court and this legal defect cannot be cured by naming the above-mentioned three officials instead of the state.
McGill also noted that under the Indian Gaming Regulatory Act, it is up to the states whether a given tribe would be allowed to operate casinos on their territory. In other words, no federal court can require states to give the necessary approval for the provision of gambling services.
The attorney pointed out that the tribe could file a lawsuit against Arizona, claiming that Mr. Bergin and the state as a whole has violated its compact with the Tohono O’odham Nation, signed back in 2002. Under the agreement, the tribe is allowed to operate casinos but only if it shares a portion of its revenue with the state.
However, Mr. McGill warned that if a breach of contract claim is filed, Arizona would countersue the Tohono O’odham Nation alleging that it had got the compact in question signed through fraud.
Tribes can operate a limited number of casinos within the state’s boarders and their location should comply with the provisions of the 2002 law. It seems that it was voted in favor of by residents as they had been promised that tribal gaming would be limited to already established reservations.
However, under a certain provision, which has never been made public, tribes were permitted to provide gambling services on lands that have been obtained subsequently.
In 2009, the Tohono O’odham Nation said that it had bought land in Glendale and was later on permitted to make it part of its reservation. The tribe was allowed to do so as a compensation for the loss of a large portion of reservation land since it had been flooded by a federal dam project.
Judge Campbell had previously ruled that although tribal officials did not reveal plans for a gambling venue during the contract negotiations in 2002, the wording of that same contract gave the tribe the right to proceed with its plans.
The latest lawsuit between the Tohono O’odham Nation and Arizona was due to the fact that Mr. Bergin has recently said that he did not need to issue the necessary approvals as the tribe “engaged in deceptive behavior” and it did not meet the requirements to launch a new gambling venue.
