Litigation | Openings & Closings

Tohono O'odham Nation wins round in casino battle with Arizona

Tuesday, July 28, 2015

Ongoing construction of the West Valley Resort near Glendale, Arizona. Image from Facebook

The Tohono O'odham Nation and the state of Arizona continue to battle over a controversial casino in a suburb of Phoenix.

The tribe already broke ground on the West Valley Resort in Glendale and hopes to open an initial facility by the end of the year. The Department of Gaming, however, is refusing to certify the facility, a decision that affects vendors that want to do business with the tribe.

The tribe responded by filing a lawsuit in federal court in June. Judge David Campbell hasn't ruled on the merits but he rejected the state's attempts to obtain a wide range of information about the casino's impact in the community, how construction is being financed and who might be hired to work there.

"Defendants' request is unduly burdensome for this limited discovery," Campbell wrote in a July 24 order. "Read literally, it would call for thousands of documents that relate in any way to impacts the casino could have on surrounding lands, businesses, cities, safety, infrastructure, the environment, etc."

Arizona Casino Wars: Tribes battle over new gaming facility in the Phoenix area

The order came after the tribe and the state clashed over the types of information being sought by the state. Campbell deemed most of the tribe's responses to be sufficient.

But he asked the tribe to provide documents in the event that the facility won't be able to offer Class III games. The tribe could still offer Class II games because the casino site was already placed in trust by the Bureau of Indian Affairs.

"Plaintiff shall also produce documents within its possession or control concerning anticipated revenue that would be generated if the casino operates as a Class 2 facility," Campbell's order stated.

On another issue, Campbell said the state's deposition request was "overly broad." As one example, he said the state cannot ask about the tribe's decision to start construction on the casino or the tribe's gaming and non-gaming revenues.

The tribe acquired the West Valley Resort site in connection with Gila Bend Indian Reservation Lands Replacement Act of 1986, a land claim settlement. In a prior ruling, Campbell said that means it can be used for a casino under the Indian Gaming Regulatory Act.

The state and two rival tribes that operate existing casinos in the Phoenix area have taken the case to the 9th Circuit Court of Appeals. It's possible that Campbell could be reversed but so far the Tohono O'odham Nation has won every single decision in the federal and state courts.

Despite the tribe's victories, members of Arizona's Congressional delegation are trying to stop the casino. The Keep the Promise Act (S.152 | H.R.308) prevents the land from being used for Class II or Class III gaming.

Get the Story:
Judge rejects state efforts on O'odham casino info (Capitol Media Services 7/28)