U.S. District Judge William M. Skretny ruled that gambling cannot legally take place on the Seneca Nation’s 9-acre parcel of land on Michigan Avenue in downtown Buffalo. Not only does this put the future of the $333M Buffalo Creek Casino in question, but it legally halts gambling at the Seneca’s temporary casino on Perry and Michigan.
Though the land is Indian owned, Skretny made the distinction between title and sovereignty, saying that the land was acquired after October of 1998 and paid for through the settlement of a claim regarding Seneca owned land in Salamanca, New York. He ruled that the land is not sovereign, and as such, not eligible for gambling.
The suit was filed against the Seneca Nation by Citizens for a Better Buffalo (CBB). According to CBB attorney Richard Lippes, “I don’t feel this is a complete victory, though the court did agree on the most important issue. The court has asked the Senecas not to gamble as of today. And if they gamble, they do it illegally.”
Lippes thanked a number of individuals including Assemblyman Sam Hoyt, and said this legal battle could not have been fought without the help of the Margaret L. Wendt Foundation. “This is an issue of whether or not gambling is good for a community,” he said. “There are several studies that have been done, and one says that for every casino job gained, there are 1 1/2 jobs lost. Another study says that 2 are lost.”
As for the construction site, Lippes said, “There’s nothing to stop them from building. They just can’t gamble. If they appeal, we’ll cross that bridge when we get to it. If not, good.” He added that any appeal would be a lengthy one.
When asked if this would raise a collective cry from the community that Buffalo can’t finish what it starts, Lippes said, “Buffalo has a history of projects that haven’t helped the community…UB building in Amherst instead of downtown, architecturally historic buildings that have been taken down.” He also said that the characterization of a casino’s detriment to the community is not over dramatized when it involves a community’s urban core.
“There are ways to make decisions about good developments,” Lippes said, “I have no problem fighting bad ideas.”
Fellow CBB attorney Joel Rose said of the decision, “I’m delighted. To me this is a victory won. This was not a question of if land was sovereign, but a question of whether or not the land was gambling ineligible.”
Rose continued, “This is not a fit for Buffalo. Casino gambling is horrible for a community, and the state constitution backs that up.”
Lippes ended the conference by saying, “The law is strongly in our favor. Frankly, it’s surprising to me that the Senecas made an issue of the land.”
The Seneca Nation cancelled their scheduled 4:30 press conference after Judge Skretny’s decision was handed down.
Just moments ago, the following press release was issued from Mayor Byron Brown’s office:
The proposed Seneca Buffalo Creek Casino remains the largest private development project in the history of the city.
The ongoing $333 million project has already created over 100 constructions jobs and it is expected that more than 1,000 people will be employed upon the project’s completion, including approximately 50% city residents earning an estimated average salary of $35,000 per year.
The City of Buffalo is not a party in the federal lawsuit. According to initial legal analysis, the judicial review process will continue and the city remains committed to receiving 100% of the estimated $5-$7 million a year in revenue as the host municipality to the casino.
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