The Seneca Nation’s Buffalo Creek Casino complies with federal laws, a Second Circuit appellate panel ruled September 15.
Citizens Against Casino Gambling in Erie County filed the federal challenge to the tribe’s casino in downtown Buffalo and sought to have the federal government shut it down. The group might appeal the decision to the U.S. Supreme Court.
“From day one, the Seneca Nation has operated Seneca Buffalo Creek Casino in close cooperation with the federal government, the state of New York, city of Buffalo and in compliance with all applicable laws,” Seneca National President Maurice John Sr. said in a statement.
The federal appellate panel agreed, saying that laws intended to benefit aboriginal tribes must be viewed liberally and that if Congress did not want the tribe to open a casino on its own land, Congress expressly would have stated so, the Washington Times reported.
Although federal law trumps state and local law, an Albany attorney criticized the ruling.
“The effect of today’s decision is that Congress can effectuate a divestiture of state jurisdiction without expressly stating so and can do so without knowing where the land will be,” Cornelius D. Murray said in an email to the Washington Times.
“Now land sitting in the middle of downtown Buffalo is out from under control of city, county of Erie and State of NY. Alarming!”
The Seneca Buffalo Creek Casino first opened in July 2007 on land owned by the Seneca Nation and draws more than three million visitors every year. The casino has 800 slot machines, 18 table games, and three restaurants.
The Seneca Nation earlier announced a $40 million expansion of its casino located at South Park and Michigan avenues in downtown Buffalo. The expansion begins in October.
Meanwhile, recent real estate transactions involving the Seneca Nation of Indians have nothing to do with any kind of downtown development plans, the Seneca Niagara Falls Gaming Corp. claims.
The real estate transfers between the Seneca Nation and the Seneca Niagara Falls Gaming Corp. sparked speculation of development plans, the gaming group said the transactions are simply procedural ones, the Niagara Gazette reported.
The gaming company transferred several downtown properties totaling nearly $3.25 million in value to the Seneca Nation in August, the newspaper reported.
The gaming corporation and tribe in August announced plans for a $40 million, two-story expansion of the Seneca Buffalo Creek Casino in Buffalo’s Downtown Inner Harbor area. The expansion would add 28,500 square feet of space for 360 more slot machines, 10 table games, and a high-limit room.
Other additions would include an entertainment area with performance stage, non-smoking areas, and retail space.
The 2002 gaming compact between the state and Seneca Nation requires to Empire State Development agency to buy more than 50 acres of downtown property for the Seneca Nation to develop into a casino gaming campus, the Niagara Gazette reported.
