California’s Picayune Rancheria of the Chukchansi Indians, whose Chukchansi Gold Resort & Casino has been closed for three weeks, has acceded to demands of the National Indian Gaming Commission (NIGC) that it submit overdue audits.
However, a federal judge has ordered that the casino remain closed until it can ensure the safety of casino customers and employees.
The missing audits and compliance reports were at the heart of the NIGC’s order closing the casino on October 7. However, the state of California asked a federal judge to keep the casino closed until a dispute among feuding factions is resolved so that the casino can safely operate again.
According to a brief submitted by Attorney General Kamala Harris’s office, “All evidence points to the tensions and confrontations continuing, not abating.” The Attorney General asked the judge to issue a temporary injunction extending the casino’s closure until the safety of the public and employees can be guaranteed. The judge did so.
On October 29 Judge Lawrence J. O’Neill said that things have not calmed down enough to reopen the casino. He criticized the tribal factions for not exercising leadership and keeping hundreds of employees from returning to work.
“The explosive keg that was present emotionally the day before the incident is present now,” he said before issuing his ruling. He added, “I feel deeply the frustration that these people who want to go back to work feel. They want an answer. They want a resolution.”
Governor Jerry Brown’s office concurs that the casino should remain closed for the time being. According to the Fresno Bee, Joginder Dhillon, the governor’s senior adviser for tribal negotiations has said, “The groups in the intra-tribal dispute have not resolved their dispute and remain poised to take actions that could threaten public safety.”
Under mediation mandated by Judge O’Neill, the three contending groups have met to try to work out their differences. The state claims that it is now up to those groups to do what they can to reopen the casino.
The keys to reopening the casino are in the tribe’s hands,” said the Attorney General’s brief.
This is the first time a tribal casino in California has been closed by a federal or state official.
The casino, located about 50 miles from Fresno, was closed shortly after several armed persons led by Tex McDonald stormed inside, clashing with another faction led by Reggie Lewis. Then several days later McDonald led his group into the then-closed casino offices, taking security guards into custody and binding them for several hours until Sheriff’s deputies arrived and freed them.
Madera County Sheriff John Anderson said this week that he plans to file criminal charges against several involved in the raid. About 11 persons have been identified as participating, with as many as seven felonies to be charged against each.
The armed faction claimed they were trying to obtain the records to comply with NIGC’s demands.
Casino employees and tribal leaders recently attended a Board of Supervisors meeting to pressure the Sheriff to move quickly to file charges. One of them was Casey Cotroneo, who ran the security detail that was on duty that night when the faction led by McDonald entered the casino. He choked up as he described how five of them were handcuffed and held for more than two hours.
Surveillance footage of the incident reportedly shows McDonald repeatedly punching a man prone on the floor, while another man is shown brandishing a pistol.
“I was repeatedly accosted, told that if I did not obey, I would be shot, I would be beaten,” he told the board.
Nancy Ayala, who leads one of the factions, told supervisors, “I’m imploring you as the Board of Supervisors to take action. I hate to say it, but if this happened in Fresno County, it would have never gone this far. It would have been stopped long ago.”
Currently the casino is closed and more than 1,000 employees have been laid off.
