I have been listening to interviews since last night and one thing everyone misses is the Law. If this deal was done in violation of any Law then the Judge was correct in his ruling. Would this surprise me? Hell no, we live in New York, politicians don’t care about the Law, all they care about is the possibility of Revenue…..

What is the Law? How was it followed or circumvented? Those are questions need to be addressed.

WBEN 930 : Judge Rules Gambling Illegal At BuffaloCasino

Buffalo, NY (WBEN) - It’s a partial victory for the Seneca Nation of Indians and a partial victory for those who oppose casino gambling. Federal Judge William Skretny has ruled the nine acres of land owned by the Senecas in downtown Buffalo is indeed sovereign land but he also vacated the approval of the federal government allowing gaming on the land.

In his 122 page ruling, Skretny concluded: “The National Indian Gaming Commission determined that the Seneca Nation of Indians’s Buffalo casino site is “Indian land” over which the Seneca Nation of Indians has sovereign jurisdiction. This conclusion is consistent with Congress’s intent as expressed in the Seneca Nation Settlement Act, with other legislation relating to Indians, and with prior Supreme Court decisions. Therefore, this Court rejects the Plaintiffs’ claim that the NIGC’s “Indian lands” determination is arbitrary, capricious, an abuse of discretion, or not in accordance with the law. However, the NIGC determined that the Seneca Nation of Indians’s Buffalo casino site, purchased after October 17th, 1988, is gaming-eligible because it was acquired part of the settlement of a land claim. The Court finds, as matter of law, that the settlement of a land claim exception does not apply to any land purchased with SNSA funds. Because gaming can not lawfully occur on the Buffalo site based on the settlement of a land claim exception, the NIGC’s approval of the Seneca Nation of Indians Class III Gaming Ordinance on this basis is Vacated.”

Casino opponents who sued the federal government are thrilled. Joel Rose with Citizens Against Casino Gambling said “we have won as of now, if they choose not to appeal than that’s the end of it unless there’s an enforcement issue.”

But just what will become of the temporary Buffalo Creek Casino which opened a year ago in July and sits in the shadow of construction of the Senecas $333-million dollar permanent casino? Opposition attorney Richard Lippes says “the Senecas have always said consistently they would follow the law…and we’ll take them at their word that they’re not going to act illegally.” But Lippes is prepared to seek an injunction if necessary. He adds “this is another battle in a long war.”