Litigation | Openings & Closings

Arizona claims immunity in Tohono O'odham Nation casino case

Monday, August 3, 2015

In April, leaders of the Tohono O'odham Nation signed the last steel beam that's part of the initial structure for the West Valley Resort near Glendale, Arizona. Photo from Facebook

Three top officials in Arizona are claiming sovereign immunity in a gaming lawsuit filed by the Tohono O'odham Nation.

The tribe sued Gov. Doug Ducey (R), Attorney General Mark Brnovich (R) and Department of Gaming Director Daniel Bergin in June. The lawsuit accuses the state of violating the Class III gaming compact by refusing to certify the West Valley Resort that's under construction in Glendale, a suburb of Phoenix.

But Ducey and Brnovich -- who was Bergin's predecessor at the gaming agency -- say they can't be sued without their consent. They filed a motion to dismiss on Friday arguing that they are not involved in the certification process.

"The Nation’s Complaint simply alleges that the Governor and Attorney General exerted “political pressure” on defendant Daniel Bergin, the ADG Director," the motion stated. "Even if true, these allegations are insufficient to give this court jurisdiction over the Governor and Attorney General."

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

In a separate motion, Bergin acknowledged that he determines whether a casino gets certified. But he also cited sovereign immunity and said his department has not violated the Indian Gaming Regulatory Act.

"Here, Director Bergin has advised the Nation of his view that he would exceed the authority granted to him under Arizona law if he were to issue various regulatory approvals to an unauthorized casino born of an elaborate fraud upon Arizona’s government and voters," the motion reads. "Exercising the regulatory authority granted to the state under the compact hardly conflicts with IGRA; it is precisely the role for the state that IGRA envisions."

The tribe has already started construction on the casino and plans to open an initial structure by the end of the year. The facility is not barred by the Class III gaming compact, a federal judge ruled, but the state has taken the case to the 9th Circuit Court of Appeals

Two tribes with existing casinos in the Phoenix region -- the Gila River Indian Community and the Salt River Pima-Maricopa Indian Community -- are also fighting the new development and are also part of the appeal.

Get the Story:
State attorneys seek Ducey's, AG's removal from W.V. casino suit (Capitol Media Services 7/31)