People Against a Casino Town
News of Interest
Claim of bed bugs at casino resort dismissed by tribal court
 Visitors risk more than money at tribal casino resorts.

In early August of 2005, the Chisley's, a couple from Fresno, California spent 3 nights on vacation at the Barona Valley Ranch Resort & Casino. At some point during their stay, they discovered the existence of small itchy bumps covering their bodies.

Extremely angered and ashamed at what they have gone through at Barona, the Chisley's filed a claim for damages with Barona's insurance carrier.  Barona's insurance carrier denied the claim.  The Chisley's appealed their claims directly to Barona.

Because the Chisley's challenged the inherent unfairness of Barona's court system, Barona decided to dismiss the Chisley's claims indicating that the Chisley's could not come back to its court again to hear those claims.

NEWS RELEASE:

OCTOBER 16, 2007

BED BUGS AT BARONA
VISITORS RISK MORE THAN MONEY AT TRIBAL CASINO RESORTS

The Barona Band of Mission Indians has refused to hear Mr. and Mrs. Chisley's bed bug claims in its tribal court.  Amidst other items of unfairness, Barona's general counsel served as the judge in its tribal court.  Barona refused to hear the Chisley's motion to disqualify Barona's general counsel as the judge, and also refused to consider arbitration for the trying of the Chisley's claims. Because the Chisley's challenged the inherent unfairness of Barona's court system, Barona decided to dismiss the Chisley's claims indicating that the Chisley's could not come back to its court again to hear those claims.

In early August of 2005, the Chisley's, a couple from Fresno, California spent 3 nights on vacation at the Barona Valley Ranch Resort & Casino. At some point during their stay, they discovered the existence of small itchy bumps covering their bodies.  Understandably concerned, Mrs. Chisley complained to Barona Resort personnel about her skin irritations and her concern for their safety and wellbeing at the Barona Resort. A hotel employee acknowledged her skin irritations.  An on-site EMT ("emergency medical technician") was called to examine Mrs. Chisley.  Upon EMT's examination, the personnel erroneously concluded that the bumps were just mosquito bites.  The Chisley's expert has indicated that the bites are attributable to BED BUGS as opposed to mosquitoes.

    Upon further examination and after returning home from their vacation, the Chisley's noticed that they had been bitten approximately 100 times by the insects that their expert has attributed to BED BUGS.  Mrs. Chisley had been bitten over many parts of her body, including her TORSO, ARMS, LEGS, HANDS, CHEST, AS WELL AS HER FACE, NECK, BREAST AREA, AND VAGINA.  The bites were prominent and resulted in permanent scarring all over her body at the very places where she was bitten. Mr. Chisley had multiple lesions on his TORSO, ARMS, LEGS, NECK, HEAD, FACE, CHEST, STOMACH, AND PUBIC AREA.  He too has permanent scarring.

The Chisley's were noticeably distressed upon learning that the irritating bumps covering their bodies were attributable to BED BUGS, small insects that feed on the blood of humans and other animals. The BED BUG bites not only caused them physical discomfort, including excessive itchiness and irritation of the skin, but also extreme emotional trauma, which is actually quite common with BED BUG victims. Furthermore, the appearance of the bumps in so many prominent areas of their bodies, and their subsequent need to explain the cause of the bumps were very embarrassing to them. Like many BED BUG victims, the Chisley's frequently feel the sensation of the bugs crawling on them at night even though they are no longer there. Mrs. Chisley actually became so emotionally distressed during one particular period that Mr. Chisley, her husband, was forced to take significant time off of work to help her cope with the trauma she was experiencing.  The Chisley's have lost many hours of sleep because of the incident.  Their sex life has been severely affected.

The Chisley's are being treated by physicians who hope to help them overcome their trauma at the Barona Resort.  Mrs.  Chisley still has scars over about 50% of her body, including private areas, and may require multiple scar revision surgeries.  Mr. Chisley has similar scars and may also require scar revision surgeries.  Outside of the visual scars, the bites and the trauma at the Barona Resort have also left emotional scars.

"I feel like the BED BUGS are crawling in me," Mrs. Chisley commented. Approximately two years later, she still feels this sensation of the BED BUGS crawling over her.  She has often cried at night wondering if the crawling sensation would ever go away.  The physical scars on her body remind her of her trauma at the Barona Resort and her difficulty with being the woman and wife that her husband needs.  "I just want to support my wife.  It has been painful as well as clearly embarrassing as a man to have to deal with this," Mr. Chisley commented.

Extremely angered and ashamed at what they have gone through at Barona, the Chisley's filed a claim for damages with Barona's insurance carrier.  Barona's insurance carrier denied the claim.  The Chisley's appealed their claims directly to Barona.

Since their incident at the Barona Resort, the Chisley's have abided by Barona's procedure, according to its Tort Claims Ordinance.  However, beginning in July of this year, they were met with violations of due process and threats of injustice, clearing violating their agreement with the State of California to have all claims "promptly and fairly adjudicated."

Barona has dismissed their action in the Barona court, and even refused to have one hearing recorded by a court reporter when the court reporter showed up at the hearing.  The Chisley's believe that they have been left with no recourse because of the BED BUGS.  They feel that their only choice is to go to the California Superior Court where they are confident that they will receive a fair and unbiased resolution of their claims.  The Chisley's have recently served Barona with the California lawsuit.

"The public needs to know about Barona and how they can get hurt by BED BUGS," Mrs. Chisley stated.  "No one should have to go through this."

"The public should know that Barona may not only have a bed bug problem, but that any patron who wishes to pursue a claim against Barona, bed-bug related or not, will face an up-hill battle in receiving a fair trial," Mr. Chisley stated.  The Chisley's expert opined that evidence exists that Barona may have had knowledge of a problem with BED BUGS before the Chisley's arrived at its resort in August 2005.  He also opined that, in his professional opinion, BED BUGS existed on the premises before they arrived at the Barona Resort.

One Nation United, an organization known for fighting injustices such as the one with Barona, is advocating on behalf of the Chisley's.  One Nation United is a nonpartisan, non profit national organization that represents concerned citizens, community organizations, state and national trade groups, local governments, businesses large and small, agriculture and law enforcement leaders, and elected officials in 39 states across America.  One Nation United represents individuals and businesses who have joined together to reform seriously flawed federal Indian policy for the benefit of Indians and non-Indians alike.

The Chisley's are seeking the State of California's help in fighting this injustice that they have experienced with Barona.  They will seek the assistance of Governor Arnold Schwarzenegger to ensure that they and others get the justice that they deserve.

The Chisley's also seek assistance from the public in obtaining evidence and any information regarding BED BUGS or other pests at Barona.  Barona has blocked further discovery efforts in their case, and, as a result, the Chisley's have no other choice but to seek the public's assistance and help.

If you have any information about BUGS at the Barona Resort, please call Redd Law Group at 619.472.2000 or visit Redd Law Group's website at www.latoyaredd.com.

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