Documents showing that officials of the Tohono O’odham Nation of Arizona were discussing building a casino in Glendale in 2002, when they were telling other tribes and state officials that they had no interest in building near Phoenix were released in a case the tribe brought against the state to force Daniel Bergin, director of the Arizona Department of Gaming, to certify the tribe’s Class III machines at its Desert Diamond Casino.
The documents included hand written minutes of a closed meeting, which showed there was interest in 2002 in such a casino, despite denials at the time.
The state hopes to use the documents to demonstrate that the tribe committed fraud when it took part in a campaign that assured voters that no new casinos would be built in the Phoenix valley.
A federal judge ordered the documents disclosed.
Tohono O’odham Nation Chairman Edward Manuel denied that the notes prove anything significant, stating that the notes were, “written by unknown authors who had no involvement in the compacting process.”
In 19 previous federal lawsuits the tribe has prevailed against challenges by the state and other tribes to its right to build a casino in Glendale with money that it received from the federal government as part of a settlement for land lost to a federal dam project.
The most recent ruling a judge held that it didn’t matter what the tribe told others, that the compact specifically did not forbid a casino in the Glendale area.
However, this time the state is alleging that the tribe committed fraud and therefore should not be allowed to profit from it. That allegation formed the basis of Bergin’s decision last year not to provide necessary certification of the tribe’s Class III gaming. The tribe may provide Class II gaming without a compact or state approval.
In one set of 2002 minutes tribal officials discussed several locations for a casino, including one at Glendale. In another meeting tribal officials discussed spending $30 million to buy the Glendale property.
