Federal Judge Lawrence J. O’Neill ruled last week that he would not hold in contempt a faction of the Picayune Rancheria of Chukchansi that disobeyed his order to pay stipends to more than 2,000 tribal members after the tribe’s Chukchansi Gold Resort & Casino was ordered closed in October.
The tribe is based in Central California. O’Neill did say that the decision by the Reggie-Lewis-Nancy Ayala faction of the tribe constituted “bad faith.” He did not hold the group in contempt because he said he is unsure that the issue falls within his jurisdiction due to the fact that Indian tribes are sovereign.
The Lewis-Ayala group claims that it didn’t pay stipends to some members because of their alleged ineligibility to be given the payments. As many as 150 tribal members have been dis-enrolled in a process that is itself controversial.
He noted that the court was forced to step in to close the casino after an armed incursion by one faction of the tribe and after the National Indian Gaming Commission ordered it closed.
O’Neill explained, “This court was forced to put its toe in the door when presented with an emergency situation. But it will not swing the door wide open and walk into an area where it is not permitted to tread.”
The judge also called it bad faith to pay individual tribal members $1,000 payments to attend a general council meeting in which the current “unification council” was elected.
That council last week was granted recognition as the tribe’s legitimate ruling body by the U.S. Department of the Interior. According to Lewis, interviewed by Action News, this recognition will enable the tribe to begin negotiations to reopen the casino.
