Three different Indigenous Peoples Groups within California’s borders are challenging the US Department of the Interior in a pair of lawsuits over its decision to take land into trust for a tribal casino that the Scotts Valley Band of Pomo Indians plans to build. Two of the three groups initiating the litigation operate their own casinos near the proposed site in Vallejo.
The lawsuits levy similar allegations, including failures by Interior to follow federal standards. The complaints are asking the court to vacate the approvals necessary for the development of the casino in Vallejo.
Simultaneous lawsuits target Scotts Valley casino project
Although the lawsuits are similar in their allegations and requests, they are still separate actions. One complaint was jointly filed by the Kletsel Dehe Wintun Nation of the Cortina Rancheria and the Yocha Dehe Wintun Nation on March 24 in the federal court for the District of Columbia.
On the same day, the United Auburn Indian Community filed its lawsuit in the same court. The United Auburn Indian Community operates the Thunder Valley Casino Resort, a Northern California casino in Lincoln, while the Yocha Dehe Wintun Nation owns the Cache Creek Casino Resort in Brooks.
At this time, the Kletsel Dehe Wintun Nation of the Cortina Rancheria is a “non-gaming tribe.” Their interest in this case is more concerned with sovereignty over ancestral lands.
Those claims are central to both complaints, as are allegations that the US Dept. of the Interior (DOI) violated multiple federal laws in approving the trust for the Scotts Valley Band.
Complaints challenge DOI decision, ties to casino site
Press releases from the three groups behind the lawsuits make their positions clear.
“Our filing shows how former DOI officials acted recklessly and illegally in an effort to avoid federal laws which are in place to ensure transparency, fairness, and agency accountability,” said Yocha Dehe Chairman Anthony Roberts.
A statement from Kletsel Dehe Wintun Nation Chair Charlie Wright verbalizes another part of their lawsuit.
“Scotts Valley has no documented cultural connection to Vallejo, and allowing this approval to stand sets an ominous precedent that undermines Tribal sovereignty and weakens the foundation of federal-tribal land policy.”
John L. Williams, Chair of the United Auburn Indians Community, provided a similar comment.
“The approval of this casino is a blatant violation of federal law and sets a dangerous precedent for tribes that have followed the established rules for Indian gaming. For decades, our tribe has worked to uphold the integrity of the Indian Gaming Regulatory Act and prevent opportunistic gaming proposals that ignore history and harm responsible tribal governments.”
The United Auburn lawsuit has made more requests of the court than the Kletsel Dehe Wintun/Yocha Dehe Wintun complaint. Both filings ask the court to vacate the DOI’s decision to take the land into trust and issue an injunction against any casino construction on the site, however.
The US Dept. of Justice has not yet indicated whether it will defend the DOI in these matters. Although it is not party to either complaint at this time, the Scotts Valley Band has responded to the lawsuits.
Scotts Valley Band makes case for defense
Elizabeth Larson of the Lake County News shared a statement from Scotts Valley Tribal Chair Shawn Davis regarding the litigation. The statement telegraphs the tribes’ intent to support the defense of the DOI.
“The specious arguments raised in the lawsuit mischaracterize both the facts and the law. To try to avoid fair competition, the plaintiff is throwing whatever they can at the wall with their court filing, but it won’t stick. We are confident that the Department of the Interior followed the law in its thorough review of our application and that our tribal land will remain in trust. We plan to join the United States in defending and upholding this decision.”
Both Cache Creek and Thunder Valley casinos are within a 90-minute drive of Vallejo, supporting Davis’ claim that the complaints are motivated by competition for entertainment dollars in the area. NBC Bay Area reports that the Scotts Valley Band plans to build an eight-story casino encompassing more than 400,000 square feet on its 128-acre parcel.
With the litigation pending, development of that gaming complex might see delays. Three tribal nations would like to see those delays extend indefinitely.
