Court says group can sue over Florence casino
by Lori Tobias, The Oregonian
Thursday June 18, 2009, 9:23 AM

Opponents of the Three Rivers Casino in Florence will have their day in court.

The Oregon Supreme Court ruled this morning that People Against A Casino Town, also known as PACT, have the right to challenge the constitutionality of a compact signed by former Gov. John Kitzhaber on the grounds that the Oregon Constitution prohibits casinos. That compact led to the construction of the Three Rivers Casino in Florence.

The case now goes back to the Lane County Circuit Court for a trial.

"We're disappointed in the decision," said Bob Garcia, spokesman for the Coos, Lower Umpqua & Siuslaw Indians. "But it doesn't change the basic facts which are, as long as the state engages in gaming, under the Indian Gaming Regulatory Act, the tribes have the absolute right to engage in the same gaming the state does."

Kelly Clark, attorney for PACT, said he expects a decision on the case by fall. If the court finds in favor of PACT, that would mean at least the casino is illegally sited, Clark said.

"Then, the compact is null and void. Would they require them to shut it down? Would Congress pass some exception? I don't know," Clark, of Portland, said. "But it would least get us a clear cut answer. This casino was illegally sited from the beginning."

The Coos, Lower Umpqua & Siuslaw Indians first opened the casino in 2004 in a temporary plastic structure. Three and a-half years later, they moved into the $60 million building with five dining areas, a special events center and 93-room hotel.

- Lori Tobias; loritobias@aol.com
http://www.oregonlive.com/news/index.ssf/2009/06/court_says_group_can_sue_over.html

• Pact Lawsuit