Court won't force vote on Tohono O'odham Nation gaming deal


Leaders of the Tohono O'odham Nation signed the last steel beam for the West Valley Resort in Glendale, Arizona. Photo from Facebook

Opponents of the Tohono O'odham Nation of Arizona saw a setback in court on Friday.

Two groups wanted residents of Glendale to vote on two issues. One was a resolution that supported the tribe's West Valley Resort and another was an agreement addressing revenue sharing, municipal services and other issues at the facility.

But the Arizona Court of Appeals said neither issue can be put to a vote of the people. The decision was unanimous.

"Because we conclude that neither the resolution nor the settlement agreement were legislative acts, they are not subject to the power of referendum," Judge Michael Brown wrote for the majority.


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

After years of being on the losing end of litigation against the project, the city agreed to support the casino. The agreement at issue calls for the tribe to pay about $26 million over 20 years.

Some of the payments, though, are linked to Class III gaming. The tribe for now has said it will initially offer only Class II games because the Arizona Department of Gaming is refusing to certify the West Valley Resort as a full-fledged casino.

That issue is being litigated in federal court. Judge David Campbell rejected the tribe's motion for a preliminary injunction that could have forced the state to certify the casino that's due to open in December.

Get the Story:
Judges reject plan to ask voters to decide on Glendale council’s casino support (Capitol Media Services 9/21)
Moving a Nation Forward: Chairman Manuel Talks Diversity for Tohono O’odham (Indian Country Today 9/21)
Glendale can't call referendum on West Valley casino (The Arizona Republic 9/19)
Brnovich: Opening Of West Valley Casino Would Set 'Terrible Precedent' (KJZZ 9/18)

Some Opinions:
Laurie Roberts: Casino now a gamble...for Tohono O'odham (The Arizona Republic 9/18)
Doug MacEachern: tribal casino hits honesty issue (The Arizona Republic 9/19)

Arizona Court of Appeals Decision:
Respect the Promise v. Hanna (September 18, 2015)

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