Tohono O'odham Nation wins another ruling in favor of casino

Friday, November 6, 2015

Treena Parvello, the director of public relations for the Tohono O’odham Gaming Enterprise, with gaming devices being installed at the Desert Diamond Casino's West Valley Resort in Glendale, Arizona, on October 29, 2015. Photo from Facebook

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The Tohono O'odham Nation of Arizona racked up yet another court victory as the opening date for its contentious casino nears.

In a unanimous decision, the 9th Circuit Court of Appeals sided with the tribe in a dispute over a state law known as H.B.2534. The law would have allowed the city of Glendale to annex the tribe's gaming site but the three-judge panel said a federal law takes precedence.

Through the Gila Bend Indian Reservation Lands Replacement Act, Congress authorized the tribe to acquire new trust lands to replace those that were flooded by the federal government. H.B.2534 conflicts with those overriding goals, the court concluded.

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Indianz.Com SoundCloud: 9th Circuit Court of Appeals Oral Arguments in Tohono O'odham Nation v. City of Glendale February 12, 2013
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"Unless preempted, H.B.2534 would permit the city to bar the taking of any of the remaining replacement lands into trust by the federal government, thereby blocking the nation’s effort to find replacement land, all in direct contravention of the express purpose of the act," Judge Milan D. Smith, Jr., wrote for the majority.

As a result, the Bureau of Indian Affairs can exercise the authority to place the tribe's land in trust, the court said. Assistant Secretary Kevin Washburn already did so for the site of the West Valley Resort that's due to open on December 20.

The project has faced significant controversy in Arizona but Glendale no longer opposes it. The city's prior opposition was cited as one of the reasons for the passage of H.B.2534 but local officials are now welcoming the jobs and revenue promised by the new facility.

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

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The state, however, remains opposed. And rival tribes with existing casinos in the area are pressing Congress to pass the Keep the Promise Act (S.152 | H.R.308) to bar the casino.

The 9th Circuit heard oral arguments on February 21, 2013. The court never issued a decision because the submission was vacated on June 21 of that year. The case, however, was resubmitted on October 30.

Turtle Talk has posted briefs from the case, Tohono O’Odham Nation v. City of Glendale.

9th Circuit Decision:
Tohono O'odham Nation v. Glendale (November 6, 2015)