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Letter
from PACT President
November 11, 2003 A Letter from Susie Dewberry, PACT President Early on the evening on October 22, I found myself in the front of the KEZI television studio waiting for Liam Sherlock, one of our attorneys, to arrive so the two of us could appear on a live 5 minute interview on the news that night. As I stood there, I had a few minutes to reflect, something I don't have a lot of time to do lately. It started misting and I tried to stay dry while maintaining a good vantage point to see Mr. Sherlock's arrival. And then it hit me - the totally unplanned and unexpected events that had led me to this spot. There I was, waiting for my attorney to arrive so we could go on the evening news to talk about a lawsuit I had been party to filing against our governor. To some, this may sound like a common daily occurrence. But I must tell you, I never, in my wildest dreams anticipated being in this situation. I thought about why I was here, and immediately a quote I heard recently came to mind: “I wondered, why doesn't somebody do something?! And then I realized - I was "that" somebody.” That is who People Against a Casino Town are: a collection of “somebody's” who have stood up and said, “NO!” to a proposed casino. We are people who looked beyond the “done deal” lies circulated around town, spread with the intention of lulling the community into acquiescence. We began examining the cost Florence would have to pay for the shallow promises of what a casino has to offer. We concluded that a cheap casino buffet and a little Saturday night “entertainment” is too high a price to pay for the destruction of our peaceful community. And so we have taken up the fight. We have definitely made progress. There is NO casino at the corner of Hwy.126 and North Fork Road. If we “somebody's” had not stood up and objected, a casino, designed to be visible from Hwy. 101, would have been well under construction by now. PACT Working to Defend Florence Rather than wait for others to take up the defense against this parasitic enterprise, we lobbied our city council, county commissioners, and state and federal elected officials to educate them about the impacts a casino would have on our community. We have asked that these officials represent the wishes of the people who elected them. Some officials have been responsive, some have not. But we did not leave Florence’s destiny in their hands. PACT continues to pursue any and every possible avenue to stop this casino. Foremost right now is the lawsuit against the state. The wishes of the people of Florence regarding this were heard when the city council voted to exclude the Hatch Tract from the Urban Growth Boundary. Still, some people at city hall believe that it is in the best interests of the city to provide water and sewer to the proposed casino location. We will continue to keep you posted. If the casino developers decide to drill a well for their source of water, they must apply for water rights with the State of Oregon. As with any application for a well in our state, the public is allowed to comment as to how the well would affect the surrounding property owners and community. PACT is continually checking with Oregon Water Resources Department to see if any applications for water rights have been made for the Hatch Tract. So far they have not. We will keep you updated regarding the well situation. The casino developers would also be required to apply for a liquor license for the proposed casino. Given the fact that the casino developer’s stated primary market is in the Willamette Valley, the increased danger from intoxicated casino customers to other highway travelers on Hwy. 126 is considerable. Seniors required to drive to Eugene for medical help as well as our youth and parents who travel to the valley for sports competitions would be put at a huge risk if they were forced to share the road with drinking drivers returning to the valley. PACT will fight any such liquor license. Governor's Task Force on Gaming We are urging the governor and Oregon Legislature to conduct studies to determine gambling’s effects on communities. Governor Kulongoski, when he was Attorney General in 1996, conducted the Governor’s Task Force on Gaming. In the concluding report he said, “First, the impacts of gambling
do not stop at the state budget. There are costs to families,
communities, and ultimately the state when people go bankrupt playing
games, commit crimes to gain money for gambling, get divorced or fail
to feed their children. There are costs when an employee does not show
up for work because of an uncontrolled desire to play video poker. And
there are costs to existing businesses when patrons divert their
spending toward gambling activities.”
Governor Kulongoski’s recommendation, at the conclusion of the report, was to form a State Gambling Council to provide a council, independent from gambling providers, to gather data. The council was to have reported to legislators and the Governor to assist with policy decisions. Now that Governor Kulongoski is in a position to form such a council, we believe that he should take his own advice - and do so. Washington, D.C. Nationally, PACT continues to keep abreast of the tribal casino issue across the country and is learning from other communities what has worked in keeping casinos out. I have recently returned from a trip back East where I spent four days lobbying. I was part of a contingency of 10 people from across the country who were in Washington D.C. to lobby against the expansion of tribal casinos into communities who do not want them, as well as related issues. Collectively, we met with over 40 elected officials and their aides as well as agencies that have roles in casino placement and jurisdiction. As many of you know, when the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians applied for the Hatch Tract to be put into trust, they told the city, county, governor, and Secretary of the Interior (in writing) that their purpose for putting the land into trust was to use the land for “cultural and historical” purposes. Once the land was put into trust, and they thought we would no longer have any say in the matter, the tribes stated that they wanted to put a casino on the land. In fact, their website today proclaims that they always intended to pursue gaming on the Hatch Tract. As a result, the system put in place by "special interests" has worked - and Florence was denied due process for input in the trust acquisition. The Bureau of Indian Affairs acknowledges that what happened in Florence is a problem that is happening across the country. PACT does not plan to leave it at a simple acknowledgement. We are working to right the wrongs that happened at the trust acquisition process. Part of the reason I went to D.C. was to share Florence’s story regarding this. In meetings with elected officials and federal agencies, every time I told Florence’s story, individuals were aghast at how gravely Florence was wronged. PACT has several strategies underway related to what we have learned from this time in D.C. After the time in D.C., I attended the National Coalition Against Legalized Gambling Conference for two days in Baltimore, Maryland. I gleaned much helpful information from this meeting for our battle. Not Just a Florence Problem I am looking forward to sharing more about both the D.C. and the NCALG conference with you, and will do so in future announcements. But I will tell you now that this is definitely a national problem. At last count, there were over 30 websites from groups across the country who are fighting casinos. This issue has reached a critical mass and Washington D.C. is Starting to take Notice, and to take action to protect the rights of communities from having parasitic casinos forced on their communities. For example, Senator Diane Feinstein and Representative Lynn Woolsey of California have responded to public outcry in Sonoma and Marin Counties from those who don't want a casino and have introduced legislation to provide relief for the problem there. Even More Cause for Concern In addition to all that I learned on my trip East, PACT continues to unearth new information that makes us all the more resolved to stop a casino from coming to Florence. For example, we have found that casinos across the country are actively recruiting children as young as four years old to become gamblers in their casinos. One casino-based child care company proudly states: "On average, [child care company] will drive over $2 million in additional gaming revenue to its host property every year." and "[child care company] helps open new markets and accesses a wider demographic for the casino." See the newspaper advertisement for "$12 buy-in" for kids bingo games (suitable for ages 4 to 17) In another cause for concern, we have recently obtained documents from the Douglas County Tax Assessor’s Office that shows the effect the Seven Feathers Casino in Canyonville has had on the tax base of that area. So far, the Cow Creek Indian Tribe has purchased 151 pieces of property in and around the Canyonville area, amounting to a combined assessed value of $24.5 million. Once the property was purchased and application was made to the BIA for the lands to be put in trust, the properties were taken off the tax rolls. All but five of the 151 pieces of property have been purchased since the Seven Feathers Casino was opened. The bottom line is that casinos are the engine that drives tribes’ ability to purchase nearby properties and take them off the tax rolls. (See: Economic Comparison of Casino Towns) PACT Lawsuit PACT filed a lawsuit against the governor in mid-September. The suit was filed in the State Supreme Court. As the justices agree to hear the case, it would by-pass the two lower courts and thereby expedite the entire process. If the Supreme Court judges refuse to hear the case, PACT can then re-file the lawsuit in the Circuit Court. The lawsuit challenges the legality of the compact (agreement) between the governor and the tribes for a casino on the Hatch Tract. The Oregon Constitution Clearly states: “The Legislative Assembly has no
power to authorize, and shall prohibit casinos from operation in the
State of Oregon.” (Article XV,
Section 4(12))
The lawsuit also states that the governor’s execution of the compact violates the Oregon Constitutional Separation of Powers (Article III, Section 1). We believe that we have a very strong case. Legal precedents across the country are in our favor. And in some ways (because of the structure of Oregon’s government) our case is even stronger than the other cases. We have three very committed attorneys working on our case. They are Liam Sherlock and Brad Litchfield from Eugene and Alexis Johnson, an attorney licensed in New Mexico. We couldn't feel better about the committed, experienced and astute team we have. And so, PACT continues to fight. Florence’s iron-clad resolve to preserve its community is our greatest asset. We are a collection of people who have stopped wondering, “Why doesn't somebody do something?!” and have started being “Somebody's”. But as expected, all this costs money. And as we are going to succeed, we need your financial support. Please contribute as generously as you can - we're in this for the long haul. Susie Dewberry PACT President |
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