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Chancellor · Jul 8, 2008, 04:06 pm

So, a federal judge tells an Indian tribe that it can't do what it wants on its land?

Judge rules against Seneca Nation on Buffalo casino : Home : The Buffalo News

From the article:

A federal judge today ruled against the Seneca Nation's Buffalo Creek Casino, saying that casino gambling cannot legally take place on the nine-acre site on Michigan Avenue.

U.S. District Judge William M. Skretny, in a 127-page decision, vacated the earlier decision by the commissioner of the National Indian Gaming Commission to allow gambling.

It was not immediately clear whether Skretny's ruling will halt construction on the $333 million permanent casino, but it is clear that the temporary casino no longer has the legal right to operate.

Skretny ruled that the parcel is indeed Indian country.

"However, the court finds that the (National Indian Gaming Commission's) July 2, 2007, determination that the Buffalo parcel is gaming-eligible ... is arbitrary, capricious and not in accordance with the law."

**Jack** · Jul 8, 2008, 07:03 pm

It's their land by right of purchase, but it isn't federally recognized tribal land like a reservation. "The question answered in today's ruling is whether the land on Michigan Avenue, bought by the Senecas in 2005, is legally considered sovereign Seneca territory. The lawsuit claimed the Senecas can only operate a casino on land considered sovereign." This may have to go to the Supreme Court for a decision on what constitutes tribal land.

Thanatos · Jul 8, 2008, 08:24 pm

If they're allowed to buy land anywhere and declare it subject to tribal rules then gambling is legal everywhere. The Seneca will lose this fight.

thebuescherman · Jul 8, 2008, 08:37 pm

I find it ridiculous that I have to drive to an Indian reservation to play Texas Hold'em!

tivodan1116 · Jul 8, 2008, 10:36 pm

It's a step in the right direction.

The next step is for the federal government to recognize that Indian lands are merely being used as tax shelters and crime havens, and close them down.

The purpose of the reservations was to allow them to preserve their way of life. That's not happening.

grandpa · Jul 9, 2008, 10:12 am

Quote:

Quote by: tivodan1116

It's a step in the right direction.
The next step is for the federal government to recognize
that Indian lands are merely being used as tax shelters
and crime havens, and close them down.

It's funny you should mention "crime havens" and the Federal government in the same sentence, yet not reach the obvious conclusion.

Grandpa h.

JaneDoe321 · Jul 11, 2008, 12:05 am

Quote:

Quote by: tivodan1116

It's a step in the right direction.

The next step is for the federal government to recognize that Indian lands are merely being used as tax shelters and crime havens, and close them down.

The purpose of the reservations was to allow them to preserve their way of life. That's not happening.

Ermmm..... no. That was not the whole purpose of reservations. Maybe it was some small portion of an explanation of why they were created, but I think even that was media spin.

Thanatos · Jul 11, 2008, 12:27 am

Quote:

Quote by: JaneDoe321

Ermmm..... no. That was not the whole purpose of reservations. Maybe it was some small portion of an explanation of why they were created, but I think even that was media spin.

Your post is begging the question of what the purpose of reservations really is. I was under the impression that living space and preservation of way of life was all there really was to it.

tivodan1116 · Jul 11, 2008, 12:27 am

Quote:

Quote by: JaneDoe321

Ermmm..... no. That was not the whole purpose of reservations. Maybe it was some small portion of an explanation of why they were created, but I think even that was media spin.

Excuse me? Then what was their purpose? And why are they called "reservations"?

Compugasm · Jul 11, 2008, 01:24 am

Quote:

Quote by: tivodan1116

Excuse me? Then what was their purpose? And why are they called "reservations"?

So we could buy smokes and booze for 1/4 what it costs everywhere else.

Gods_Mercenary · Jul 11, 2008, 02:48 pm

I always though it was more in recognition that native Americans were sovereign nations, and not simply savages to be pushed west, and that they deserve their own control.

Jul 8, 2008, 04:06 pm	#1 (permalink) (top)
Chancellor It's my first name! Location: Buffalo, New York, USA Posts: 3,523	Judge rules against Seneca Nation on Buffalo casino So, a federal judge tells an Indian tribe that it can't do what it wants on its land? Judge rules against Seneca Nation on Buffalo casino : Home : The Buffalo News From the article: A federal judge today ruled against the Seneca Nation's Buffalo Creek Casino, saying that casino gambling cannot legally take place on the nine-acre site on Michigan Avenue. U.S. District Judge William M. Skretny, in a 127-page decision, vacated the earlier decision by the commissioner of the National Indian Gaming Commission to allow gambling. It was not immediately clear whether Skretny's ruling will halt construction on the $333 million permanent casino, but it is clear that the temporary casino no longer has the legal right to operate. Skretny ruled that the parcel is indeed Indian country. "However, the court finds that the (National Indian Gaming Commission's) July 2, 2007, determination that the Buffalo parcel is gaming-eligible ... is arbitrary, capricious and not in accordance with the law." "America does not go abroad in search of monsters to destroy. She is the well-wisher to freedom and independence of all. She is the champion and vindicator only of her own." -John Quincy Adams -

Jul 8, 2008, 07:03 pm	#2 (permalink) (top)
Jack formerly Isherwood Location: San Diego, CA Posts: 14,078	It's their land by right of purchase, but it isn't federally recognized tribal land like a reservation. "The question answered in today's ruling is whether the land on Michigan Avenue, bought by the Senecas in 2005, is legally considered sovereign Seneca territory. The lawsuit claimed the Senecas can only operate a casino on land considered sovereign." This may have to go to the Supreme Court for a decision on what constitutes tribal land. The Forum Rules Radical Atheist Heathen Queer Let's agree to respect each others views, no matter how wrong yours may be. (Ashleigh Brilliant)

Jul 8, 2008, 08:24 pm	#3 (permalink) (top)
Thanatos Arbiter of Weird Location: New Hampshire Posts: 1,744	If they're allowed to buy land anywhere and declare it subject to tribal rules then gambling is legal everywhere. The Seneca will lose this fight. Destroying America one Volconvo post at a time. The brain is like a muscle. When it is in use we feel very good. Understanding is joyous.

Jul 8, 2008, 08:37 pm	#4 (permalink) (top)
thebuescherman Un-molten Ash Posts: 306	I find it ridiculous that I have to drive to an Indian reservation to play Texas Hold'em! I'm sorry, but I'd agree with you if you were right. www.playingcardsandmore.com

Jul 8, 2008, 10:36 pm	#5 (permalink) (top)
tivodan1116 Juris Doctor Location: NY Posts: 2,373	It's a step in the right direction. The next step is for the federal government to recognize that Indian lands are merely being used as tax shelters and crime havens, and close them down. The purpose of the reservations was to allow them to preserve their way of life. That's not happening. "But it wasn't until he met his beautiful wife that he learned using logic and reason isn't enough. You have to be a dick to everyone who doesn't think like you." - South Park on Richard Dawkins

Jul 11, 2008, 02:48 pm	#11 (permalink) (top)
Gods_Mercenary Altruism Assassin Location: Massachusetts Posts: 5,325	I always though it was more in recognition that native Americans were sovereign nations, and not simply savages to be pushed west, and that they deserve their own control. “Only two things are infinite, the universe and human stupidity, and I'm not sure about the former.” -Albert Einstein