Emotions ran high at the U. S. Senate Indian Affairs Committee’s recent one-hour hearing on S.2670, the Keep the Promise Act. The measure, sponsored by Arizona Senator John McCain, would bar all forms of Class II or Class III gaming on any lands acquired in trust in the metro Phoenix area after April 9, 2013. The legislation does not call out any tribes by name, but it was written to prevent the Tohono O’odham Nation from using its land to develop the 0 million West Valley Resort in Glendale. The development recently broke ground.
Assistant Secretary Kevin Washburn, head of the Bureau of Indian Affairs, sparred repeatedly with McCain. In fact, McCain accused Washburn of giving “smart aleck” responses to his questions. They debated whether or not the Tohono O’odham Nation can be considered “impoverished” when the tribe operates three gaming facilities. Eventually McCain finally declared: “I don’t have any more questions for this witness.” But later he did interject when committee Chairman Senator Jon Tester questioned Washburn.
Gregory Mendoza, governor of the Gila River Indian Community, spoke in opposition to the project. He said the Tohono O’odham Nation broke a promise to not open a casino in the metro Phoenix area, although the courts have ruled the Class III gaming compact does not include such a prohibition. The GRIC has spent nearly $11 million in federal lobbying since 2009 when the Tohono O’odham announced its Glendale casino plans. Currently GRIC operates the Wild Horse Pass Casino, the only casino west of Phoenix, and claims the new casino would harm its profits. The Salt River Pima-Maricopa Indian Community joined GRIC in its battle against the new, spending $2 million on federal lobbying.
Glendale City Councilman Gary Sherwood also was present to give the city’s “official” stance, which supports the casino and the jobs and revenue it will generate. Sherwood noted after five years of expensive court battles in which the tribe consistently triumphed, the tribe and the city finally reached an agreement. The Tohono O’odham Nation will pay Glendale $26 million over 20 years.
That agreement, however, agitated Glendale residents to the degree that they presented the city clerk with two different petitions, from No More Bad Deals for Glendale and Respect the Promise, each with about 15,000 signatures. The groups hope to place an initiative on an upcoming ballot that will give voters a chance to be heard on the issue. The opponents need 6,956 valid signatures for each of the referendum measures to qualify for the ballot.
Gary Hirsch of Neighbors for a Better Glendale said the Glendale city council did not adequately inform the citizenry before approving the agreement with the Tohono O’Odham Nation. “You take the settlement agreement, which frankly is as weak as circus lemonade. They’re going to get a very raw deal. It is egregious to the taxpayers and citizens of Glendale,” Hirsch said. Others signed the petition because they do not want an Indian reservation established within the city planning limits.
Sherwood, one of the three city council members who voted for the casino agreement, said the petitions “don’t really mean anything because as they were told even when they took out the petition, these are non-referable items.” The casino is not eligible for another vote and is a done deal, he said. “In a lot of cases, where people were somewhat mixed on it, now see it as good for the city and the West Valley,” Sherwood stated.
The Glendale city attorney will determine whether the city decisions are subject to a referendum.
