NY Group Seeks Closing of Casino

People Against a Casino Town

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The first suit sought only a ruling that the agreement between the state and the
Oneida Indian Nation had never been ratified by the state Legislature and was thus invalid.
A state judge ruled in UCE's favor in 2004, and the U.S. Supreme Court upheld that decision in December.

UCE will seek closing of casino
Having won ruling on Turning Stone's legality, group plans a second lawsuit.
Tuesday, January 09, 2007
By Glenn Coin
Staff writer

A citizens group that won a court ruling declaring Turning Stone casino is operating illegally plans to go back to court to get the casino shut down.

Members of Upstate Citizens for Equality on Monday supported filing a second lawsuit. The first suit sought only a ruling that the agreement between the state and the Oneida Indian Nation had never been ratified by the state Legislature and was thus invalid. A state judge ruled in UCE's favor in 2004, and the U.S. Supreme Court upheld that decision in December.

The new suit contemplated by UCE would ask a judge to order the casino closed until a new agreement was reached and ratified. UCE member and former group president Scott Peterman said he did not know when UCE would file the suit, but that it would be "as soon as possible."

Peterman told the group Monday that UCE hadn't thought it needed to ask for a shutdown of the casino in the original suit.

"We were naive enough to believe that once we determined it was illegal, lo and behold, our politicians would do their job and uphold the law," Peterman said.

Since the U.S. Supreme Court decision last month to uphold the ruling, UCE has called on politicians to shut down the casino. Gov. Eliot Spitzer has declined to say what action he will take.

Oneida nation spokesman Mark Emery could not be reached for comment Monday night. He has said the agreement that allowed Turning Stone to open in 1993 is legal under federal law, and a state court ruling has no power over that.

A casino shutdown would threaten thousands of jobs, Emery has said.

Indian-run casinos fall under the federal jurisdiction of the National Indian Gaming Commission, which has the power to close casinos.

Glenn Coin can be reached at gcoin@syracuse.com or 470-3251.

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