Jamul Community Update September 15 2016 EVERY DAY WITHOUT A CASINO IS A GOOD DAY!
Agenda Introduction Glenn Revell Update on Status of Caltrans fight/call to action Darla Kasmedo Update on ABC liquor license and impacts Pastor Gary Musser County Supervisor s Comments - Dianne Jacob Update on Federal & State Lawsuits - Pat Webb
Darla Kasmedo Community Advocate & Member of JAC
GRAND OPENING DELAYED
vs The community of Jamul has proven we are STRONG and will NOT give up until (1) Justice prevails (2) Our roads are safe!
o Since 2005 1150 collisions o 22 people killed o Lowest Caltrans safety rating possible an F o 50 collisions since 2014 THIS IS WITHOUT A GAMING INSTITUTE OFFERING ALCOHOL 24/7
Pastor Gary Musser Jamul Community Church
The ABC gave interim approval BEFORE the public hearing with over 1000 protests and in spite of JIV and Caltrans failure to mitigate safety issues Sycuan and Barona were open for many years before they received a license to serve liquor. Why the exception for JIV on a road rated an F for safety? WE MUST DEMAND ANSWERS FORM OUR GOVERNMENT OFFICIALS!
What you can do? 1000s of community members signed petitions opposing approval Monday, 9/12 was our deadline to request a hearing JAC will notify community as events unfold. Where possible and needed, please show up in numbers! Please stay involved and let your voice be heard DO NOT GIVE UP!!!!
Dianne Jacob Supervisor County Board of Supervisors
Update on Lawsuits by Pat Webb Federal Lawsuit - Ken Williams, Esq. State Lawsuits Stephan Volker, Esq. Karen & Walter Lawsuits Pat Webb, Esq.
FIVE PENDING LAWSUITS Court Case Purpose JAC vs. WCB & DFW JAC vs. Caltrans & SDGE JAC vs. Caltrans SR 94 Imp. Walter & Karen vs. Dutschke JAC vs. BIA and NIGC STOP Illegal Use of Preserve STOP Illegal Use of Encroachments STOP Illegal Use of Encroachments STOP Illegal Desecration STOP Illegal Gambling
Court Case JAC vs. WCB & DFW Purpose STOP Illegal Use of Reserve JAC Won at State 3 rd District Court of Appeal Illegally Continues to Segment Project Violating CEQA Enjoin Illegal Use of Reserve for Wastewater Runoff s 1 ST LAWSUIT STATE COURT Sacramento
Court Case Purpose JAC vs. Caltrans & SDGE STOP Illegal Use of Encroachments JAC Defeated Motion to Dismiss on statute of limitations TRIAL set for October 21, 2016 Caltrans Granted Illegal Categorical Exemption to SDGE 2 ND LAWSUIT STATE COURT Sacramento
this litigation concerns Caltrans approval of two encroachment permits for SDG&E to perform work within Caltrans right-of-way along SR 94. The work will consist of installing an underground conduit containing a 12-kilovolt distribution circuit. [JAC] contends that approval of the permits was not exempt, and also that Caltrans impermissibly segmented its review of the entire action in order to provide better access to the casino. The court rejects Caltrans argument that the statute of limitations is triggered by the filing of the Notice of Exemption. As [JAC] alleges, San Diego County is large, and the unincorporated portion thereof includes over 2 million acres. Without at least some indication of where within these 2 million acres the project is located, the court finds that [the] posting did not give JAC enough information to trigger the 35-day statute of limitations. The court thus overrules Caltrans and SDG&E s demurrers. Judge Christopher Krueger August 19, 2016 Sacramento Superior Court
Court Case Purpose JAC vs. Caltrans SR 94 Imp. STOP Illegal Use of Encroachments Caltrans Illegally Segmented SR 94 Imp. Project Caltrans Exempted Parts of the Project w/out CEQA review Seeks Mitigation of Intersections on SR 94 to Otay Lakes Road 3 RD LAWSUIT STATE COURT Sacramento
Court Case Walter & Karen vs. Dutschke Purpose STOP Desecration Judge Mueller 2nd Motion to Dismiss October 7, 2016 Violation of 1 st Amend. Free Exercise of Religion Violation of 5 th Amend. Deprivation Due Process Without Just Compensation Violations of NAGPRA, APA, and FTCA JIV Has No Interest in Families Human Remains 4 TH LAWSUIT FEDERAL COURT
Meza Worst Form of Hypocrite JIV s Kenny Meza claims to protest the disinterment of burial sites on Coronado to build new facilities for our NAVY SEAL teams, when, in fact, he confessed under oath that he personally supervised the illegal desecration and disinterment of the Native Americans interred on the government s portion of the Jamul Indian cemetery to build a $400 million casino for his share of personal profit. Nextdoor Sep 2, 2016 As the Rev. Jesse Jackson recently proclaimed when bodies at Burr Oak cemetery outside Chicago were dug up and dumped in a trash heap to resell the grave sites, there s a special place in hell for grave robbers.
Court Case JAC/JCC vs. BIA and NIGC Purpose STOP Illegal Gambling JAC seeks rehearing on injunction at 9 th Circuit 9 th Circuit Found NEPA conflicted w/igra District Court has NOT Decided the Merits District Court Held JIV Indispensable Party JAC has appealed because JIV not indispensable and allowed to participate in action 5th LAWSUIT FEDERAL COURT APPEAL
Court Case JAC/JCC vs. BIA and NIGC Purpose STOP Illegal Gambling JAC s motion for judgment that the land is NOT a Reservation Eligible for Gaming is in the Record. NIGC Can t Approve Management Contract or Gaming Ordinance on Land that is Not a Reservation Eligible for Gambling Defendants Have No Evidence to Contrary 5th LAWSUIT FEDERAL APPEAL Cont d
Court Case Purpose JAC/JCC vs. BIA and NIGC STOP Illegal Gambling District Court No Longer Has Jurisdiction on Appeal 9 th Circuit Court of Appeal Should Reverse Mashpee Decision and NIGC Declaration NIGC Can t approve management contract NIGC Can t publish gaming ordinance Because Land doesn t qualify for gambling under IGRA 5th LAWSUIT FEDERAL APPEAL Cont d
Court Case JAC/JCC vs. BIA and NIGC Purpose STOP Illegal Gambling JIV has never been recognized as a tribe did not preexist U.S.--no Sovereign Immunity JIV is only a quarter-blood Indian community, voluntarily chose not to be recognized as Tribe to get Fed $$$ JIV has never applied to become recognized as a tribe or have a reservation proclaimed JIV has never had land lawfully taken into trust All Admitted by Defendants by Not Filing Answer 5 th LAWSUIT FEDERAL APPEAL cont d
Mashpee s First Light Casino Mashpees First Recognized 2007 First Land Into Trust 2015 Taunton Massachusetts (south of Boston) $1 Billion Casino Complex 3 Hotels & Water Park under construction since 2015
Littlefield v. Dept. of Interior U.S.D.C. Mass. August 19, 2016 In light of the Supreme Court s interpretation of now under Federal jurisdiction to mean under Federal jurisdiction in June 1934, the Secretary lacked the authority to acquire land in trust for the Mashpees, as they were not then under Federal jurisdiction. See Carcieri, 555 U.S. at 382-83. Judge William G.Young
NO CASINO - NOT NOW - NOT EVER CLOSED 2003 Meskwaki Casino Tama, Iowa CLOSED 2011 Bay Mills Brimley, MI CLOSED 2012 La Posta Casino - Boulevard, CA CLOSED 2013 Three Feathers Akwesasne, NY CLOSED 2013 Keetoowah Tahlequah, OK CLOSED 2014 Desert Rose Modoc, CA Lets add to it.. NEVER OPENED Hollywood Casino, Jamul
Why are the signs down? JAC s Lawsuit is Working
National Indian Gaming Commission's Declaration
National Indian Gaming Commission's Declaration
IT S NOT OVER UNTIL IT S OVER AND IT S NOT OVER YET It is, perhaps, the end of the beginning. Winston Churchill November 10, 1942 NO CASINO - NOT NOW - NOT EVER