The tribal council of the Picayune Rancheria of Chukchansi Indians, which operates Chukchansi Gold Resort and Casino in Coarsegold, California, has sued California Governor Jerry Brown.
The federal lawsuit challenge’s Brown concurrence in the 2012 decision by the Bureau of Indian Affairs that put l305 acres adjacent to Highway 99 in Madera County into trust for the North Fork Reservation and led to a tribal state gaming compact with that tribe.
Opponents collected enough signatures to put a measure, Prop. 48, on the November 2014 ballot, which voters defeated by 61 percent—i.e., they voted to oppose the compact.
The Chukchansi oppose having the casino 50 miles from their operation.
In filing the lawsuit Tribal Chairman Claudia Gonzales said, “The new North Fork scheme not only ignores the will of California’s voters, it would undo decades of tribal gaming regulations and open the floodgates for off-reservation casinos to go up in any land in the state.” She added, “Our Tribal Council is willing to stand up and defend Tribes like ours who have followed the rules and to tell the Governor and other politicians to listen to the overwhelming voice of Californians and stop the North Fork plan once and for all.”
The tribe is suing because it claims that its concerns were ignored by Brown’s decision, despite a statement by Brown that his concurrence addressed the impact of the North Fork casino on the Wiyot and Picayune tribes.
Since the defeat two years ago the North Fork tribe has continue to negotiate with federal and state authorities to try to get a new compact.
Gonzales added, “Unfortunately, the North Fork Tribe and their out-of-state investors and special interests have made it clear they intend to ignore California’s voters and decades of compacts. We are standing on the side of California’s voters and their decisions.”
The Chukchansi tribe contributed over $3.7 million to the defeat of Prop. 48. Other tribes contributed even larger amounts to defeat the measure while the North Fork tribe raised only $450,000 to defend the proposition.
Despite the defeat of Prop. 48 a federal judge ordered Governor Brown to return to the negotiating table with the North Fork Tribe, ruling that the proposition’s results did not bind the governor.
North Fork Rancheria Chairman Maryann McGovran issued a statement that said, in part, “It’s disappointing that the Picayune Rancheria continues to waste its tribal citizens’ money attempting to delay our project and thereby denying these benefits to Madera County.” She added, “Nobody benefits – especially not the local workers, customers, and economy – when casino money is spent on lawsuits and negative political ads targeting honest, fair competition.”
The Chukchansi are not only relying on the courtroom to fight their battle. They have enlisted Rep. Doug LaMalfa, to propose a bill whose details are as yet unclear.
LaMalfa’s legislative aide issued a statement that said, “Congressman LaMalfa and a significant portion of the California delegation are communicating regularly and meeting regularly to look at every angle to address the issue.”
McGovran fired back, “Every tribal leader across the nation should be deeply concerned about the principle being suggested by this effort, namely allowing the legislatures and citizens of all 50 states to weigh in on tribal rights, application of laws differently among tribes and that established federal gaming law … should be jeopardized to protect a few tribes from potential competition,”
Gonzales told the Fresno Bee, “If this new North Fork scheme goes through it will make tribal gaming a free-for-all in California. Farmlands, urban centers and even open lots in neighborhoods could be considered as potential sites for new casinos, and the taxpayers of California will be virtually powerless to stop it.”
Chuckchansi sponsored a marketing study that showed that the North Fork casino could siphon away half of the revenues of the casino that reopened shortly after New Year’s after being closed for more than a year due to a tribal conflict.
Some political observers, like Fresno State political science professor Kenneth Hansen said that it could be a long wait for Congress to act.
“That casino will be built before you get a law passed,” he said.
