People Against a Casino Town
News of Interest
Casino lawsuit not dead, opponents say
 
"Now that the court of appeals has reactivated our case, we will be briefing and arguing from there,
on our way to the Oregon Supreme Court." PACT Attorney Kelly Clark.

May 3, 2006



By Bret Yager
Siuslaw News

It's the lawsuit that won't go away.

People Against a Casino Town are getting ready to turn another corner in a maneuver that takes on the State of Oregon and its decision to allow construction of the Three Rivers Casino.  Attorneys for the group will be filing briefs in the coming weeks, appealing earlier rejections of a lawsuit claiming that casinos are unconstitutional in Oregon.  Tribal officials, meanwhile, say the group has already had its day in court and lost. 

"Now that the court of appeals has reactivated our case, we will be briefing and arguing from there, on our way to the Oregon Supreme Court," said PACT attorney Kelly Clark.  "Now that the U.S. District Court has told us that our attempts to have the casino invalidated cannot be heard under federal law because of tribal immunity, we have all the ammunition we need to convince the state courts that we have no adequate remedy at law, which is the pre-requisite for having the petition for mandamus."

It's the group's fourth try at finding the end of a legal maze aimed at shuttering the gaming operation, which opened its doors in the summer of 2004.

Casino opponents say the matter concerns constitutional law and is not directed against local tribes.

Clark says the case is finally on track to being heard on its merits.  He argues that Gov. Ted Kulongoski violated the state's constitution by entering into a gaming compact with the Confederated Tribes of The Coos, Lower Umpqua and Siuslaw Indians.  Because the governor lacked the power to enter the compact allowing the casino, opponents say, the compact is void.  They seek a writ of mandamus invalidating the casino compact.

Since PACT made that case in 2003 to the Oregon Supreme Court, the suit has bounced from state court to circuit and district courts and back again.  Clark predicted that whoever loses an appeals court decision - which is likely a year away - will probably take the matter to the Oregon Supreme Court.

"The governor is carrying out Oregon law as it is written today," said tribal economic development director Bob Garcia.  "Unfortunately, a small group of people can't see that.  They can paint the picture that they've been denied their day in court, but that's an untruth."  Federal judge Ann Aiken ruled last December that compacts are indeed the governor's business and that casino opponents had no standing to bring the case.  "Clearly judge Aiken's ruling was more than a dismissal on technical grounds," Garcia said.  "She ruled on the substance of the case and PACT seems to forget that.  Mandamus is a latch ditch effort by a few beleaguered folks who should eventually realize they've lost."

Clark said he finds it extraordinary that the governor's defense team has taken the position "that no citizen has the standing to challenge this." 

"If these plaintiffs have no standing, who does?" Clark asked.

"Not much longer now, folks" is a mantra that anti-casino lawyers have repeated for several years now as burgeoning crowds of patrons try their luck on an expanding selection of slots and belly up to the One Eyed Jack Sports Bar and tribal officials declare the joint's popularity has exceeded their dreams.

PACT says the governor has consistently ducked the real questions involved in the case and has dragged the process through a procedural thicket in hopes of outlasting the people who vehemently opposed the temporary gaming structure and feel no better about a new 70,000-square foot expansion and 100-room hotel.

The tribes broke ground for the expansion last month to the roar of earthmoving equipment, wafting sage smoke and diesel exhaust in the dunes of the 98-acre Hatch Tract east of Florence.

While opponents warn of social ills like addiction, higher crime and increased traffic accidents from a casino, proponents say Florence has not seen any of these effects but has benefited from the casino's $6 million payroll.

Voters last fall also approved a city extension of sewer services to the casino, which lies outside city limits.  Local resident Debbie Todd recently announced her intent to file an appeal of the extension, which requires an exception to state planning laws and a Florence Comprehensive Plan amendment.  Tribal officials say the move has no chance of delaying expansion plans.

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