|
PACT Attorneys: Answer soon on lawsuit Story by Bret Yager Siuslaw News Florence, Oregon  People Against a Casino Town haven't given up yet, and with some financial support, the group may outlast Governor Ted Kulongoski in its bid to have a gaming compact with local tribes declared unconstitutional. That was the message from PACT attorneys at the groups' meeting this week. Another message: Not too much longer now, folks. "The federal judge is scheduled to hear the substance of the questions in May," attorney Kelly Clark said. "That's why I say weeks or short months, not a year." The meeting came hard on the heels of a decision by the governor to allow an off-reservation casino in Cascade Locks. But PACT attorneys are sure they have a precedent in several other cases that have been decided around the country over the past years, in which judges in places like New York, Wisconsin and New Mexico have declared that governors exceeded their authority by unilaterally entering into gaming compacts with tribes. Florence Events Center Audience 4/25/05
(PACT Photo) To hear the lawyers tell it, they have a few tricks up their sleeves and things are looking good.  "A little P.S. on that," Clark said. "There's a reason you don't have bricks and mortar (a permanent casino structure) up there yet." PACT Attorney Kelly Clark speaks to audience (PACT photo) But attorneys admit an answer to whether Gov. Ted Kulongoski exceeded his powers by signing a compact with the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians could take a while longer yet. They accuse Kulongoski of stonewalling, dragging the lawsuit into "a procedural thicket" and diverting it to federal court to answer a question that they say is clearly a state issue. The frustrating thing, Johnson said, is that the federal courts will eventually remand the lawsuit back to state court, where it belongs and where PACT wanted it tried in the first place. "Their orders are to drag this thing out and no one is better at that than the Oregon Department of Justice," he said. On the other hand, "We're closer to a decision than we were a year ago. The governor is running out of ways to bob and weaver." He emphasized that PACT must stick around as long as the governor in this war of attrition. "Isn't there a time limit on this?" someone from the audience asked. "I'll be dead before this is figured out." Clark said a federal judge has the power to shift the lawsuit back to the Oregon Supreme Court. "She can say, 'I don't have any way of knowing what Oregon law is,'" Clark said. "We're looking at ways to help the judge remember that she has that power." Forcing Kulongoski to simply stand accountable in a court of law would give the quickest answer, Johnson said. "We have some things up our sleeves," he said. "We're working on a statewide coalition to stand up and say 'I care about this.' The people coming forward has been encouraging." |
Related Links: