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Today, U.S. Congressman Paul A. Gosar, D.D.S. (AZ-04) submitted a statement for the Congressional Record regarding the court case, State of Ariz. et al. v. Tohono O’odham Nation (T.O.). Court litigation was filed against T.O. after it announced its intention to acquire lands in trust for an off-reservation casino on a parcel of land in Glendale, Arizona.
“I submitted a statement for the official Congressional Record on the House floor in order to supplement the record on H.R. 308, the Keep the Promise Act. My statement explains the details of evidence that documents how T.O. acted immorally and covertly against its fellow tribes, the State of Arizona and the general public.
“The court case against T.O. and their dishonest actions to secretly build a casino in Phoenix was dismissed on the doctrine of sovereign immunity. In other words, the court ruled that the tribe cannot be sued in court because ... It can't be sued in court. The merits of the case were never addressed, and that is why Congress’ oversight in these matters is so important.
“In order to remedy this situation I cosponsored H.R. 308, The Keep the Promise Act, which is narrowly crafted to address those claims that are shielded by T.O.’s assertion of sovereign immunity. Previous Court rulings demonstrate that Congress is the only institution that can hold T.O. accountable for its fraud, misrepresentation and broken promises.
“I believe it is important for the truth to be known. This incident and breach of trust has proven that T.O. can’t be trusted in the future relative to business dealings, tribal matters and commercial relations. I urge Congress to resolve this issue in a timely manner and for the House to once again pass the Keep the Promise Act.”
Video of Congressman Gosar’s speech on the House floor today in support of the Keep the Promise Act can be found HERE.
The full text of Congressman Gosar’s statement submitted to the Congressional Record can be found HERE.
Background:
In return for exclusivity in Arizona, the state tribes agreed to a cap on the number of casinos in the state and in the Phoenix metro area, to restrict the number of machines in the state and to share machine revenue with rural non-gaming tribes so all could benefit.
Every urban tribe, except for T.O., agreed to this limitation. T.O. refused, citing the need for a new casino in Tucson or on the rural part of the tribe’s reservation. The state and other tribes finally agreed to the restrictions on gaming being pushed by Arizona’s Governor and others, but also yielded to T.O. stated need.
After the agreement was reached, the tribes and state promoted their model compact by saturating the airwaves with press releases, voter handouts, billboards, and in television and radio interviews. T.O. alone spent $1.8 million dollars urging Arizona voters to rely on the limitation which included no additional casinos in the Phoenix area.
However, in 2001, while negotiations were ongoing and unbeknownst to everyone, T.O. had begun efforts to find land in the Phoenix area to open their fourth casino in violation of the 17-tribe coalition compact.
Congressman Gosar is a member of the House Gaming Caucus, a group of Congressional leaders focused on educating Members on gaming-related issues and working to identify key policy areas that can be advanced to enhance the economic impact of gaming around the country.
An identical bill, H.R. 1410, passed the House last Congress by voice vote on September 17, 2013. This legislation has already passed the full Natural Resources Committee by unanimous consent in the 114th Congress.
Daniel Bergin, Head of the Arizona Department of Gaming recently denied a permit for gaming at the T.O.’s fraudulent casino stating, “The record clearly demonstrates fraud perpetrated by the Tohono O’odham Nation upon the state, the Arizona gaming tribes and the state’s voters.”
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