FOR IMMEDIATE RELEASE
May 5, 2005
TWO
CITIZENS GROUPS CHALLENGE CASINO COMPACTS:
Suits Challenge Governor's Authority Under State Constitution
Suits Challenge Governor's Authority Under State Constitution
SALEM, OREGON - Two citizen groups, one from Florence on the southern Oregon coast, one from Cascade Locks in the Columbia Gorge, filed legal papers today challenging the "compacts" entered into by the Governor authorizing tribal casinos. "Cascade Locks No Casino", a newly formed coalition of citizens of the Gorge opposed to the planned casino in Cascade Locks, filed a state court lawsuit in Marion County, contending that the Governor had no authority under the Oregon Constitution to enter into the compact for a casino in the Columbia Gorge, and that the compact is therefore null and void.
Meanwhile a group from Florence called "People Against a Casino Town", or PACT, which has been fighting a casino planned for their community for over a year, announced that they would be asking the federal court hearing the suit to send key questions of oregon law directly to the Oregon Supreme court for consideration. Thus, both groups hope that the casinos planned for their communities will be declared to be unlawful under state law.
Kelly Clark, the Portland lawyer representing both groups described the cases as "identical in legal theory and purpose" which he described as "a clean up or down decision on whether the Governor can ignore the Oregon Constitution's clear ban on casinos" in entering into the compacts with native American tribes. "First, we say that the Governor cannot violate the Oregon Constitution in negotiating a compact under federal law; Second, we say that the question of casinos is a policy matter that is for the Legislature, not the Governor, to decide: it is a clear breach of separation of powers. He is Governor, not Emperor. His job is to execute laws and policy made by the policy making branch, not to grab power and make policy on his own."
The compact for the Cascade Locks casino was executed on April 6 between the Governor and the Warm Springs Tribe, and would be the state's first off-reservation casino - a fact not lost on the groups. "When did we have the public policy debate in this state that decided we would start putting casinos on public, non-reservation land?" Clark asked rhetorically. Richard Randall, one of the plaintiffs in the Gorge suit, said that his group, though small, was gathering steam precisely because so many local citizens feel that the State is "telling us what is best for us. There has been no vote, no referendum, nothing at all," Randall said. "It is like we live in a monarchy and Kulongoski is King. he tells us, he doesn't ask us."
The Gorge casino has already generated controversy and opposition - from environmental groups such as Friends of the Columbia Gorge, from Congressman David Wu, and from a growing number of citizen groups. Others, including some other tribes and powerful business groups, are rumored to be pressing Interior Secretary Gayle Norton not to approve the Gorge Compact - a requirement under federal law. Clark on Thursday promised more voices would join in opposition. "There is coming together a coalition of concerned groups and citizens that are troubled both by process and substance questions on this one," he said. "They are not sure we want to start putting casinos off reservation. They are concerned for the future livability of our state. Stay tuned for a few weeks and see what happens."
Susie Dewberry, the lead plaintiff in the Florence case involving the Three Rivers Casino, described the State's legal maneuvering in that case for the last year as "keep away." She said, "First, they try to delay, then they move the case into federal court, then they argue that the Tribe has to be a part of the lawsuit, then they say the Tribe cannot be sued ... Anything to avoid having to answer these basic, fair and simple questions.
It is
like they think they can
wear us out, or delay and delay until the casino is a fait
accompli. Well, they are wrong. We are here to stay, and we
are hopeful that federal Judge Aiken will see the wisdom of getting an
answer to questions of Oregon law from the highest court in Oregon." The Florence Casino compact was signed in 2003 by Governor Kitzhaber, but the casino has not yet been built, instead operating on a small scale from a circus-type tent. "They know our theory is strong," said Clark; "otherwise, you'd see bricks and mortar down there. But they know what we know, which is that this compact, like the temporary casino itself, is built on sand and not on foundation. A strong wind will blow it down, and we are bringing a strong wind."
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