NIGC Issues a Notice of Violation
President Maurice A. John Sr. issued the following statement today: Late today, the chairman of the National Indian Gaming Commission issued a “notice of violation” regarding the Seneca Buffalo Creek temporary facility, as directed by the U.S. District Court in Buffalo.
The Seneca Nation intends to immediately file its notice of appeal with the agency, thereby triggering an administrative review process under the agency’s regulations. In issuing the notice, the NIGC chairman did not order closure of the facility.
The United States is still actively considering its appeal options in the case, and the commission is still reviewing the Nation’s recently submitted gaming ordinance. Decisions on those two elements of the case are likely within the next 30 to 45 days.
While legal proceedings are pending before the NIGC, the Seneca Nation will continue to operate the Buffalo Creek facility. The notice of violation has no effect on the Nation’s other gaming facilities. The Nation is pleased that this aspect of the process finally gives the Nation a direct voice in the Buffalo Creek matter for the first time.
The Seneca Nation, as always, will comply with applicable rulings, but will also exercise the full scope of its rights, administratively and judicially. We are confident that the Nation’s gaming rights will be recognized on our sovereign Buffalo Creek territory for the benefit of the Western New York economy.
Because the Seneca Nation was not directly a part of the court case, this is the first time they will have direct involvement in stating their objectives and reasoning under the appeals process. In the aftermath of Judge Skretny's directive to the NIGC to act, which resulted in the Notice of Violation (NOV), the Seneca appeal will be the next step in what has become a complex legal proceeding.
If the Federal Government appeals and a stay is granted in the lawsuit, it would make the NOV moot, or the NIGC could approve an amended gaming agreement.
The Citizens Coalition Against Casino Gambling is claiming victory over item number 5 "Measures Required to Correct Violation" on the notice of violation, while the Seneca Nation does not see it as a directive through the use of the word "can" as opposed to "must".
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Comment Options
NewBuffalo
GO SENECAS! "The Citizens Coalition Against DEVELOPMENT" will NOT prevail!
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rubygreta
Does anyone really believe that Buffalo would be better off if this casino is not built?
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ereizi
Rubygreta..... unfortunately there are people like that. Which on the other hand explains why Buffalo is so slow in moving forward. Its truly a shame.
Hopefully the construction will resume soon.
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truestar
If for some crazy reason the casino doesn't move forward and Citizens against the casino prevail , will they go after the New York State Lottery with more funding from the Wendt Foundation?...after all the studies show that the NY Lottery payouts in the poorer neighborhoods are worse then in more affluent areas....and their may concern is the poor people ....RIGHT ?
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JSmith
Gotta admire the sheer unmitigated gall. I think I'll open a crackhouse and if the cops come to arrest me, I'll appeal the charge, and while litigation is pending, it'll be "business as usual".
I used to be ambivalent about the casino, but after seeing the way the Senecas have completely ignored the rule of law, I'm firmly against it. I doubt I'll ever go to Seneca Niagara again - the way these guys operate I'd be scared that if I won the jackpot they'd refuse to pay out. They obviously don't believe in playing the rules - why would I trust them to honor their own rules?
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Nan-C
This is a complex issue. If you have formed your opinion about the casino based on the research about its effects on the local economy of almost every other community like Buffalo, then you would believe that it will be bad for Buffalo. If you are basing your opinion on nothing more than 'your opinion', then I can see why you would not be opposed to it. Read the research.
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Nan-C
This is a complex issue. If you have formed your opinion about the casino based on the research about its effects on the local economy of almost every other community like Buffalo, then you would believe that it will be bad for Buffalo. If you are basing your opinion on nothing more than 'your opinion', then I can see why you would not be opposed to it. Read the research.
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rubygreta
I assume addicted gamblers already make the short jaunt to NF or Fort Erie. So they might as well stay in Buffalo.
I would not put five cents in a slot machine. But the people I know who gamble enjoy it, and have zero issues with gambling addiction.
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NBJOHN
I am with New Buffalo
GO SENECAS! F the people trying to stop this
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siloman02
All of the myopic, Mr. Magoos (redundant?....yes), there are laws and proper procedures that, for a civilized society, need to be followed. Do some research on the subject of the impact of casinos on the local area. With all blogs, no-one needs to give accountability for one's views (good and bad) just state one's case. If you accept the Senecas argument that all was based on economics then get off the tirade of chosen NIMBYs are stopping the development and accept that the economic model is failing. Otherwise, proceed with another valid argument.
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rubygreta
I hope nobody is using Atlantic City as a comparison. That city, which has a population of only 40,000, was a complete dump when casino gambling started. And they did not build one casino, they built something like seven. Land speculators moved in and the city, outside the casinos, was ruined. One casino is not going to ruin Buffalo.
Although the casino in NF certainly has not turned around that city, has it had any adverse impacts?
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Tiburon1724
It's already started. While I believe the city should have made a deal asking more of the Senecas (build a tall iconic building with gambling ONLY....no restaurants or lodging allowed), which in turn might actually help Buffalo, that ship has sailed. Since the building has begun, let it finish.
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TheNextMayor
Shut it down.
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kooksapalooza
BUILD IT UP!
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bboozehound
Has anyone that is so "pro-casino" actually been to a downtown area that has a casino? Have you been to New Orleans or Detroit? Please tell me how a casino made either of those places much more desirable?
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blackrocklifer
Casino supporters never let the facts get in the way of their opinions. All evidence points to casinos as a drain on the local economy resulting in a net loss to the host community.
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Buffalo30
Arguing as to whether the casino has the right to operate is one thing, but disputing the impact the casino would have on the city is ridiculous. Supporters of the casino either; (1) have something to gain by its presence, or (2) are uneducated on the subject.
The economic impact of the casino is all but proven.
Simply put, given the current gaming tax rate and the “share” taken out at the state and county level, there is a resulting negative net financial impact for the city.
The only caveat would be if the Buffalo casino generated the majority of its revenues from regional visitors not local patrons. This isn’t likely however as anyone traveling to a casino is heading over the border to a more professional complex. Short of partnering with Bass Pro (maybe a $1 gaming chip for every fishing lure purchased promotion?), this will not be a destination casino.
Sorry for the long post, but I’d really like to see casino supporters demonstrate how the financial formula “works” for the city. There are positive impacts from its presence (job growth, tax revenue, etc….) but their measured impact is a net loss.
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Buffalo30
Arguing as to whether the casino has the right to operate is one thing, but disputing the impact the casino would have on the city is ridiculous. Supporters of the casino either; (1) have something to gain by its presence, or (2) are uneducated on the subject.
The economic impact of the casino is all but proven.
Simply put, given the current gaming tax rate and the “share” taken out at the state and county level, there is a resulting negative net financial impact for the city.
The only caveat would be if the Buffalo casino generated the majority of its revenues from regional visitors not local patrons. This isn’t likely however as anyone traveling to a casino is heading over the border to a more professional complex. Short of partnering with Bass Pro (maybe a $1 gaming chip for every fishing lure purchased promotion?), this will not be a destination casino.
Sorry for the long post, but I’d really like to see casino supporters demonstrate how the financial formula “works” for the city. There are positive impacts from its presence (job growth, tax revenue, etc….) but their measured impact is a net loss.
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ElmwoodBoy
Addicted gamblers are robbing their employers, committing suicide, and destroying their families. Casino owners are raking in the profits. Gamblers are focusing their minds and attention on self-destructive behavior. Casino owners are raking in the profits.
What is better?
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skarnath
For me, the primary issue isn't whether or not the casino will be good or bad for Buffalo (it will be bad). It's about the willingness of the state and federal governments to circumvent both state and federal law and grant a class III gaming monopoly to the Senecas. (And folks are offended because citizens have called their government to task?)
If you want to know just how inappropriately the federal government (acting through the NIGC) has acted throughout this process, read the Notice of Violation. It is strikingly spineless. It invites the Senecas to not only appeal, but to essentiallly ignore the Notice. It undermines their legal authority to regulate Indian gaming in this country.
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RhodeIslandBoy
Bruce Jackson has a VERY informative article in Artvoice this week. Suffice it to say, the pro-casino faction will apparently have to be happy driving to Niagara Falls.
http://artvoice.com/issues/v7n36/shutting_it_down
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Brette
Buffalo30, Fish & Chips! Best idea I've heard all day.
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mpowers
The casino was a poorly brokered deal to start with for the city. The idea of "getting something big" was a priority for the Masiello administration. It was a little comical to people who were at the original press event like Masiello and Giambra do an about face after the papers were signed. I mean shouldn't all the kvetching be done before the deal gets signed off on. It was a crappy deal when Pataki signed on, but the thrill of a big get seemed to over ride real judgement
I don't really have a dog in this fight, not being pro-casino or anti, but I do wonder about the crossed lines. What does the anti-casino folks like Joel Rose et al, gain from the win? The publicity surrounding the blocking doesn't bode well. There is the very real possibility that all this really expensive legal wrangling could further put Buffalo out of the minds of an actual developers, plus what could become of that shell of a building if nothing more happens.
If the permanent building does come to completion, I wonder if it is really worth the time, court costs, and other Wendt foundation monies to make a stink out of it.
Guess I got more questions than comments.
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rb66
There are people working at the temporary casino. What happens to them if it's shut down?
There were construction workers that were working on the $333 million casino/hotel that are now out of work. They were also frequent customers at the near by businesses. Not any more. Two of them I know are now collecting unemployment.
Way to go Joel Rose and your army of idiots! Who else can you put out of work?
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mpowers
That does give me pause once more. Mr. Rose did lead the band to keep the Buffalo Zoo off the waterfront a decade ago. Doesn't want the casino there either. It does make me wonder what he does want there.
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hamp
The Zoo didn't move, and it's thriving in Parkside.
The Commerical Slip was saved, and Masiello's plan was stopped.
The casino was just another dumb idea, and there are many studies that prove it.
Thank you to everyone that put an end to the Buffalo Casino.
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Bufago
First we like stole their entire country, we raped their women and infected their children, we scalped them and hurded them on to reservations on their own land, which we kept chasing them off when we found anything of value on it. I am surprised we can sleep at night but thank god the Wendt foundation is keeping up the tradition of screwing the native americans, perhaps Lippes might want to take a case on the other side and get them Manhattan back or at least several tons of shinny beads.
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hamp
Needless to say, most Americans are immigrants or the descendents of immigrants.
"We" had nothing to do with the terrible things that were done to American Indians.
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Colin
1. My opposition to the casino has been stated repeatedly in this forum.
2. The attempts to cast Indian casinos as some sort of payback for the crimes of the past are incredibly cynical. Native Americans are simply being used as a way of getting around state law.
3. That said, it's important to note that while "we" may have had nothing to do with those crimes, we certainly have benefited from them. That suggests to me that we have a responsibility to atone for them.
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heathersmiles
40 acres and a mule... or just 4 acres
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skarnath
This info has been hashed out in previous posts, but perhaps it bears repeating.
1. There are less than 10,000 members of the Seneca Nation living in WNY. 2. In 1990, the federal government gave the Nation $32 million to compensate for the 100 year Salamanca land leases that were charitably characterized as unfair to the Senecas. 3. The Seneca SEC filings strongly suggest that the Seneca Gaming Corp. made over $100 million in net profits in 2007.
My conclusion - if every member of the Nation is not wealthy, it's not because the federal & state governments haven't tried...
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