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June 11, 2008
LAWSUIT FILED ON ROHNERT
PARK CASINO LAND TO TRUST DECISION
Citizens seeks
to stop massive North Bay Nevada-style casino project
SONOMA COUNTY, CA: A lawsuit filed in the United States District Court in San Francisco on Friday, June 6th seeks to put
the brakes on the mammoth casino proposed for the Rohnert Park area. The Complaint, filed by East Bay Attorney
Stephan C. Volker, challenges the recent decision by former Bureau of Indian Affairs Assistant Secretary Carl Artman to take
254 acres next to Highway 101 into trust for the Federated Indians of Graton Rancheria (FIGR).
The plaintiffs in the action include Stop
the Casino 101 Coalition (STC101), a grass roots organization, and a broad cross section of concerned citizens across partisan
lines.
If successful, the lawsuit will prevent the Rohnert Park site from being taken into trust, a necessary step in order for
the FIGR to operate a casino of any kind. Friday’s Complaint cites the constitutional issues surrounding
federal trust land acquisitions in the State of California, and the harm that a casino would cause the plaintiffs and the
community.
Attorney for the Plaintiffs Stephan C. Volker said,
“The Bureau of Indian Affairs jumped the gun by attempting to transfer title to this poorly planned site even before
completing its Environmental Impact Statement. Operating a casino at this site poses huge environmental impacts, including
massive traffic congestion on Highway 101 and over pumping of local wells. BIA has thumbed its nose at the public
by attempting to end run the laws that protect the public from needless environmental harm.”
“We believe that the action of the federal government to entrust this real property in
the Federated Indians of Graton Rancheria will be at the expense of the citizens of Sonoma County”, said Michael Erickson
of Petaluma, one of the plaintiffs and Chairman of the Sonoma County Republican Party. “The casino
threatens to change dramatically the quality of life and local culture of Sonoma County; yet even the State of California
is being shut out of the process, let alone the voices of the people who actually live here.”
The FIGR has special privilege that
allows it to have any land it wishes in Southern Sonoma County and all of Marin County taken into trust upon demand.
No other tribe in the country enjoys this special privilege. Despite repeated requests by local governments and area
residents, Senator’s Boxer (D-CA) and Feinstein (D-CA) and Congresswoman Lynn Woolsey (D-6th Dist) have steadfastly
refused to enact legislation that would take away that special privilege.
“We are in the position we are in because our federal elected officials have stood by
the casino developers instead of the people of the North Bay”, said Pastor Chip Worthington, founder of STC101.
“All we’ve ever asked for is a level playing field for us and for the FIGR, the same as any other community
or tribe in the United States has.”
“We are appalled at the lack of leadership by most of our own elected officials, as well as by the heavy
handedness of the federal government”, said Mr. Erickson. “We’re taking matters into
our own hands, and we promise a vigorous fight in both the halls of justice and in the court of public opinion.”
May 21, 2008
LAND TRUST DECISION WILL GIVE ROHNERT PARK CASINO FEDERAL WATER "SUPER-RIGHT"
Trust
decision poses grave threat to Sonoma and Marin County water supplies
SONOMA COUNTY, CA: The federal
government’s recent decision to take land into trust for the Rohnert Park casino will give the Federated Indians of
Graton Rancheria (FIGR) the ability to assert a federal water “super-right” that will threaten the water supplies
of local cities and area residents.
Native American tribes are entitled to “super-rights” over water
supplies affecting their reservations. They are allowed under current law, as much water as is necessary for “the original
intention of the reservation”, in this case, a 760,000 square foot casino with a 12 story hotel tower.
The
FIGR’s plans to assert their federal water right shocked members of the Sonoma County Water Coalition, a consortium
of Sonoma County water interest groups with over 20,000 members. Bob Rawson, who is a member of the Friends of the FIGR, addressed
the coalition February 27, 2008, to present information from the FIGR on water issues, and take back the coalition’s
concerns to the FIGR.
Rawson stated that the FIGR intended to assert its federal water right when the casino site
was taken into trust, and would not hesitate to exercise it’s “super water right”; the FIGR would simply
commandeer water rights from existing stakeholders.
He was adamant that anyone who tried to stop the project on the
basis of the lack of water would simply be trumped by the superior rights the tribe enjoys. In a follow-up email to Water
Coalition members, Rawson actually referred to this federal water right as the FIGR‘s “trump card”.
Once the FIGR asserts its federal water right, all the cities and the county will be drawn into a protracted legal process
that will impact its water supply. The courts or the mediators will decide who is allowed to pump from the groundwater basin
and how much annually can be pumped, and tribal water rights are given precedence over all others under a 1908 Supreme Court
ruling.
The casino’s environmental impact study has been underway since March of 2004. In light of Mr. Rawson’s
remarks, the recent decision to take the casino site into trust before the release of the final Environmental Impact Study
(EIS) and the approval of the FIGR’s contract management with Station Casinos, makes sense from the perspective of the
casino developers. It will allow the FIGR to assert its federal water right in advance of the release of the EIS, thus making
the water element in the EIS easy: the casino will be able to take as much water as it wants.
“East Bay
MUD has already instituted water rationing, and the water situation at North Bay reservoirs is shaky because of the need to
release water for salmon migrations, “ said Pastor Chip Worthington of Stop the Casino 101 Coalition. “A federal
water right means that Sonoma and Marin residents may not be able to take showers or flush their toilets, all for the benefit
of selfish Las Vegas interests who want to make money off our misery. “
“And of course“, he
added, “We‘ll all be asked to conserve water - all but the casino, which won‘t be subject to state or local
regulations.”
The aquifer that would serve the casino is severely over-pumped, and as a result, the casino
site and the surrounding area is sinking at the rate of ½ inch per year. More over-pumping could result in the
collapse of the aquifer (see below).
Shortly after the February meeting of the Sonoma Water Coalition,
Assistant Secretary-BIA Carl Artman was in the Bay Area. It was Artman who, on April 18, approved both the FIGR’s trust
application and one of Station Casinos other tribal casino projects, the Mechoopda, in Chino.
Additional Information:
: More information on the sinking of the casino site and Rohnert Park can be found at “Rohnert Park is Sinking”
http://www.owlfoundation.net/RP_is-Sinking.html
“Land subsidence occurs when large amounts of ground water have been withdrawn
from certain types of rocks, such as fine-grained sediments as are found in the casino site area.. The rock compacts because
the water is partly responsible for holding the ground up. When the water is withdrawn, the rocks falls in on itself. It can
occur over large areas rather than in a small spot, like a sinkhole. T hat doesn't mean that subsidence is not a big event
-- states like California, Texas, and Florida have suffered damage to the tune of hundreds of millions of dollars over the
years.
“Excessive ground-water pumping…. is the single largest cause of subsidence.
Excessive pumping of such aquifer systems has resulted in permanent subsidence and related ground failures. In some systems,
when large amounts of water are pumped, the subsoil compacts, thus reducing in size and number the open pore spaces in the
soil the previously held water. This can result in a permanent reduction in the total storage capacity of the aquifer system.”
(Source: USGS web site)
Marin County receives approximately 9% of its water from
Sonoma County.
ENDS
May 7, 2008
Graton Rancheria Reservation Shopping Will Not Work in Rohnert Park
Feds announce
plans to take casino site into trust
SONOMA COUNTY, CA: The Bureau of Indian Affairs (BIA) plans to take the Rohnert
Park casino site into trust for the Federated Indians of Graton Rancheria (FIGR), according to an announcement in today’s
Federal Register.
Taking the land into trust would not change anything, however. The land remains under
state jurisdiction. It has been under state jurisdiction since the state was formed over 150 years ago, and it remains that
way. Any assertions to the contrary are wrong.
“This has always been about Station Casinos finding Native
Americans in urban areas in order to open casinos in favorable locations“, said Pastor Chip Worthington of Stop the
Casino 101 Coalition. “ This blatant reservation shopping won’t work here, though”
The issue
of state sovereignty was brought up in an August 21, 2007, letter to Governor Schwarzenegger from Assemblymember Jared Huffman
(D-6th Dist), who raised the following points:
--During California’s 150 year history the land in
question was never considered Indian land. Short of the State formally ceding jurisdiction to the federal government, the
State will retain jurisdiction and the land will remain subject to state law.
--The site in question has never
had the key characteristics necessary to recognize tribal sovereignty and to deprive the state of its jurisdiction. The Indians
have not had historic and continuous sovereignty, the local community never considered it Indian land, and it does not represent
a separate and distinct community.
Prohibitions on casinos and casino games make no sense if Indian tribes can
buy land in urban areas and exempt their patches from state law. The voters supported Proposition 1A because it was supposed
to limit Indian gaming to their historic Indian lands. Stations Casinos cannot buy a parcel and turn it over to a tribe so
both of them can build a mega-casino.
The Governor cannot negotiate a compact with the FIGR to allow casino gaming
on this land unless the state Legislature takes the extraordinary step of ceding jurisdiction over the parcel to the federal
government. The federal government cannot take any steps to approve casino gaming on this land under Indian Gaming Regulatory
Act unless the state Legislature cedes jurisdiction over the parcel to the federal government.
“The people
don’t want this casino, the local governments don't want it, and it’s an environmental nightmare, “
said Pastor Worthington. “If the FIGR and the BIA assert the right to have an Indian casino in Sonoma County in violation
of state law, such a move would be quickly challenged.”
ENDS
February 21, 2008
NORTH BAY COMMUNITY GROUP SUPPORTS COUNTYWIDE CASINO VOTE
Vote would target all Sonoma County Commuter Casinos
SONOMA COUNTY, CA: Stop the Casino 101 (STC101), a pro-community group
working to prevent construction of a mega-casino near Rohnert Park, has urged its membership to support a countywide advisory
vote that would target not only the Rohnert Park casino, but any and all casinos proposed for the county.
The countywide measure, which could be on either the June 3 or Nov. 4
ballot, would specifically mention casinos currently proposed in Rohnert Park, Cloverdale, south Petaluma and a site off of
Highway 37 that Station Casinos bought as a possible alternate site for the Rohnert Park casino.
STC101 feels that such an advisory vote would afford Sonoma County residents
more protection from becoming the Commuter Casino Capital of the Bay Area. Currently, Sonoma County is threatened by three
casino projects along Highway 101 - Rohnert Park, Cloverdale, and Dry Creek.
"These commuter casino projects would clog Highway 101 with tens of thousands of
vehicle trips daily, bringing transportation in the region to its knees and polluting our air, " said Pastor Chip Worthington,
founder of STC101. " These are vehicles that for the most part would otherwise never come to Sonoma County, all carrying casino
patrons who would spend their time and money only at the casino, not at local businesses. They’re a losing proposition
for Sonoma County."
Sonoma County voters recently rejected the "Big Four" gambling compacts by a margin
of 64%, the highest "No" vote in the state, a vote widely interpreted as a rejection of casino expansion.
There is also at least one more Sonoma County tribe that has been recommended for
restoration, the Mishewal Wappo Tribe of Alexander Valley, although it is unknown if the Mishewal are actively seeking restoration.
If restored, however, they would be eligible under federal law to seek a casino.
Under California’s gambling compacts, each tribe is allowed two casinos. Sonoma
County currently has one tribal casino. With three federally-recognized tribes in Sonoma County, there is the potential for
up to six casinos.
Restoration of the Mishewal Wappo tribe would potentially add two more casinos, for
a total of four to eight casinos in Sonoma County’s future.
Graton Rancheria could, under its restoration act, build a casino in Marin County
if they so chose.
ENDS
February 6, 2008
SONOMA COUNTY REJECTS GAMBLING PROPOSITIONS BY OVERWHELMING MAJORITY
Highest "NO" vote in state
SONOMA COUNTY, CA: The Sonoma County and Marin County voting results rejecting California Propositions 94, 95, 96 and 97, the Indian Gaming Compact referenda, are a vivid reminder that this region does not want any more tribal casino gambling.
All four referenda were rejected in these counties. Sonoma County came in first in
the state with the highest percentage of NO votes against all four referenda, 63.7% across the board, with Marin County casting
the third highest NO votes at 59%. San Francisco County was second in
the state with 60% against.
Sonoma County has one existing tribal casino, and is facing two more: a 729,000 square
foot casino proposed for the outskirts of Rohnert Park and a project of unknown size in the town of Cloverdale.
Said Pastor Chip Worthington of Stop the Casino 101 Coalition, "Clearly tribal casinos
are a hot button item FOR THE REGION, not just Sonoma County or Rohnert Park. Clearly, opposition to the Rohnert Park casino
has NOT diminished with time, and clearly, it is NOT limited to a ‘small, vocal minority’, as the casino developers
have often charged. In fact, clearly, we are the majority. It’s time for Sacramento to start listening ."
Stop the Casino 101 Coalition is a grass roots organization founded in 2003 to prevent
the construction of the Rohnert Park casino.
ENDS
January 16, 2008:
FEDS SAY ROHNERT PARK’S $200 MILLION DEAL WITH CASINO TRIBE
"DOES NOT APPLY" TO NEW CASINO SITE
SONOMA COUNTY, CA: Rohnert Park’s once-sweet deal with the
Federated Indians of Graton Rancheria (FIGR) for $200 million over twenty years apparently does not apply to the current site
purchased by Station Casinos in 2005.
Buried in the environmental report for the proposed Rohnert Park mega-casino, in Section 4.7, page 8, is the stunning statement that " ...the MOU
(Memorandum of Understanding with Rohnert Park) does not apply to the Wilfred Site...." .
The environmental report, prepared for the National Indian Gaming Commission
(NIGC), goes on to say that "... it is assumed that it (the MOU) will be renegotiated with similar terms as for a casino
on the (original) Stony Point site.".
The Wilfred site, purchased in 2005 by Station Casinos of Las Vegas, is identified in the report as the one
for which the FIGR has made a fee-to-trust application, and on which they propose to build a massive Las Vegas-style casino.
STC101 has also learned of a September 8, 2005, document from City archives discussing the land purchase and stating that "The tribe is willing
to amend the MOU to reflect the realities of the new site (Wilfred)...." The document appears to be from the FIGR to
the City of Rohnert Park. This document will be available on our web site by this afternoon.
No new negotiations have taken place since the new site was purchased
in August of 2005, for a record $100 million, and an ad hoc committee set up by the city to deal with the casino has been
dissolved.
STC101 has long contended that the FIGR’s agreement with the City
of Rohnert Park was "site specific" to the old Stony Point Road location, and that the new Wilfred site was not within the
four corners of the agreement, thus making the agreement void. This appears now to have been confirmed by the NIGC’s
own report.
"The question is, did the City see this statement when it reviewed the DEIS last
Spring?", said Pastor Chip Worthington, Rohnert Park resident and founder of Stop the Casino 101 Coalition. "More importantly,
why is the City the last one to admit what everyone else has known for two year - that the MOU isn’t worth the paper
it’s printed on."
Renegotiating the MOU for the new Wilfred site might prove problematical. The old
site was located one mile west of Rohnert Park’s Urban Growth Boundary (UGB), but the new 65 acre footprint site is
located within the UGB which is covered in the city’s General Plan. and the casino project does not conform with the
General Plan.
Copies of the documents referenced are available upon request. Email is best.
ENDS
December 12, 2007
SONOMA COUNTY CITIES ASK GOVERNOR TO TABLE GRATON GAMBLING COMPACT
TALKS
Environmental process, land issues of Rohnert Park casino must be decided
first
SONOMA COUNTY, CA: Four of Sonoma County’s cities thus far have
written Governor Schwarzenegger asking that he not engage in any gambling compact negotiations with the Federated Indians
of Graton Rancheria (FIGR) at this time, with more cities expected to follow suit.
Citing issues ranging from the fact that the FIGR does not own any land
to land status to the ongoing, extensive environmental review of the proposed casino site, the cities of Santa Rosa, Petaluma,
Cotati and Sebastopol have urged the Governor to suspend any gambling compact negotiations that may currently be underway.
In his November 7 letter to the Governor, Santa Rosa Mayor Bob Blanchard cites a common concern for the integrity of the environmental review process,
stating, "We have expressed significant concerns about the potential impacts of the (casino) development on traffic
circulation, emergency services and law enforcement. We strongly urge you to let the full environmental process take its course
before considering the merits of this project and negotiating a gaming compact."
Adding fuel to the fire is the failure of Caltrans to include casino traffic
in the improvements planned to Highway 101 in Marin County and Sonoma County. In a recent letter to Caltrans regarding the Novato Narrows project, Assemblymember Jared Huffman raised the question of whether the traffic
capacity improvements currently projected by Caltrans are overstated.
According to Mr. Huffman’s letter, the Rohnert Park casino could
generate between 27,000 to as high as 68,000 additional car trips each day, depending on the number of slot machines the casino
may be allowed to have. The number of slot machines a tribal casino is allowed is one of the things determined in a gambling
compact.
Senator Migden has expressed similar concerns, stating in a recent letter to the Editor of the Petaluma Argus-Courier that "The traffic, the hassle and the increase in out-of-town gambling interests
will not improve the quality of life for Rohnert Park residents or surrounding communities. This spring, I successfully fought
for $80 million in state funds for Highway 101 Novato Narrows improvements just to keep pace with current traffic demands!
To me it would be simply madness to exponentially increase traffic in this area."
Sonoma County governments have been very proactive in opposition to the
Rohnert Park casino since the beginning; eight of the County’s nine cities and the County of Sonoma itself have passed
Resolutions opposing the project. Former Petaluma City Councilman Mike Healy has asked that Sonoma County citizens be allowed
to vote on a non-binding advisory measure on the Rohnert Park casino.
Copies of all letters and Senator Migden’s letter to the editor
are available upon request.
ENDS
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