Turning Stone Resort & Casino

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Turning Stone Casino and Resort is a resort owned and operated by the Oneida Indian Nation in Verona, New York. The facility opened July 16, 1993 and offers golf amenities (on- and off-site golf courses, one of PGA quality, and an indoor golf dome), an RV park, an arcade, many restaurants, a confectionery shop that sells many types of baked goods and desserts, table games (Poker, Blackjack, Caribbean Stud Poker, Pai gow poker, Let It Ride, Roulette), and many types of digital slot machines. Until the Seneca Niagara Casino opened, it was the only land-based casino in New York. The resort is a popular tourist destination in central New York state.

Contents 1 Construction 2 Entertainment 3 Criticism 3.1 Legal Actions 3.2 The Compact's Scope 4 Alcohol and smoking 5 External links 6 References

[edit] Construction

Since the casino's inception, New York State has opposed its progress.^{[citation needed]} As a fall-back plan, the Oneida Indian Nation designed the casino so that it could easily convert into a small shopping mall, if the Oneidas were unable to develop their casino plans.^{[citation needed]} The local town's water utility services were inadequate for the casino's needs so the Oneida tribe paid for a new water supply to be built to provide water for the casino and the rest of the Verona.^{[citation needed]}

Construction of an on-site hotel and a bingo hall began in 1994. The Bingo Hall's construction completed in 1995. Disagreements over the hotel plans delayed its construction for year.^{[citation needed]} The hotel's original design plans would keep the hotel and casino separate, connected by only an outdoor walkway. Resultant of the delay, the hotel plans were re-designed to combine the hotel and casino into one structure. This new design allowed the Oneida Indian Nation to offer more services, including a pool, a spa, and a gym. Additionally, the combination created a larger and more formal lobby that allowed the hotel and casino to be one structure.

In 2002, construction of a gaming expansion and showroom were completed to provide the only Ticketmaster approved venue in the area.^{[citation needed]} The popularity of the casino gave both the funding and the need for a second and third hotel to be built on the premises.^{[citation needed]} Construction of the new hotel finished in late 2004. One of the hotels is the tallest structure between Syracuse and Albany to serve the common guest; the other hotel is a luxury resort.^{[citation needed]}

[edit] Entertainment

The Turning Stone Casino and Resort hosted NESN and YES Network's Boston vs. New York Poker Challenge for two seasons. The casino also hosts several high class shows throughout the year, featuring many well-known musicians (Kelly Clarkson and Fergie), comedians (Wayne Newton), and other entertainment groups (Purrrfect Angels).

[edit] Criticism

The Casino's success has met opposition from New York State and a citizen's group called Upstate Citizens for Equality or UCE.

[edit] Legal Actions

In 1999, UCE challenged the tribal-stat compact's validity in Peterman v. Pataki. Federal law mandates a tribal-state compact before an Indian Nation can conduct gambling on its premises. On June 25, 2004, Justice McCarthy of the New York Supreme Court, Oswego County, decided that this tribal-state compact was unconstitutional because the New York State legislature did not affirm the compact.^[1] The New York Supreme Court, Appellate Division, Fourth Department affirmed this holding on September 30,2005.^[2] The New York Court of Appeals denied leave to hear the Oneida's appeal on December 22, 2005.^[3] The Oneidas petitioned the U.S. Supreme Court, and on December 4, 2006 the Supreme Court of the United States denied cert.^[4] UCE has wrongfully interpreted the Supreme Court's cert. denial as an affirmation of the New York trial court's finding. However, any legal scholar will remind a layman that a denial of cert. does NOT mean a decision on the merits, nor does it qualify as legal precedent. But the lower court's decision stands until overturned. Further, the Rules of Decision Act, as interpreted by Erie Railroad, requires federal courts to apply state law where there is no conflict between state and federal law. Where there is a conflict of laws, federal law preempts state law under the supremacy clause of the U.S. Constitution. IGRA incorporates state laws into federal law, specifically 18 U.S.C. 1166 provides in pertinent part that "for purposes of Federal law, all State laws pertaining to the licensing, regulation, or prohibition of gambling, including but not limited to criminal sanctions applicable thereto, shall apply in Indian country in the same manner and to the same extent as such laws apply elsewhere in the State."^[5] The United States Court of Appeals for the Tenth Circuit has held that approval of a Compact by the Secretary of the U.S. Department of the Interior "did not and, under IGRA, could not, alter its validity or non-validity under state law."^[6] To date, the Second Circuit has not adopted this view in regards to the validity of a compact, however the Second Circuit has adopted the part of the Tenth Circuit's decision on waiver of sovereign immunity.^[7] But, the courts have failed to find that the Oneidas waived sovereign immunity.

The Oneida Indian Nation then appealed to the U.S. Department of the Interior Bureau of Indian Affairs. After many failed attempts to negotiate a settlement by an April 2007 deadline, the Department of the Interior launched its own investigation into the compact's validity. On June 13, 2007 when the Associate Deputy Secretary of the Interior declined to reconsider its approval of the compact, Mr. Cason stated, "the 1993 Compact continues to be in effect for purposes of the IGRA."^[8] On August 7, 2007 in an action between New York and the Oneida Indian Nation, U.S. District Judge Kahn, upheld Magistrate Treece's order directing the depositions of high ranking officials and denying the State's motions. The decision also dismissed the Amended Complaint pleading, which attacked the Board's authority to amend the Compact due to Peterman and Seneca, on subject matter jurisdiction grounds. The fact that the amended complaint was dismissed on jurisdictional grounds deprived the court of the opportunity to address the compact's validity at the federal level. If the compact was invalid, then the Oneida Indian Nation would be violating federal law (operating a gaming facility without a tribal-state compact).^[9] Such a violation of federal law would have provided the requisite subject matter jurisdiction (federal question). While the State sought to enjoin the Nation from operating Instant Multi Game ("IMG") based on its failure to adhere to the procedures in the Compact,^[10] the state has since dropped the case.^[11]

[edit] The Compact's Scope

Even though the tribal-state compact is valid, UCE and its supporters argue that gambling at the Turning Stone is not authorized under the Compact at its current location. On June 4, 1993 the DOI issued letter referencing its interpretation of the compact's scope. "The Compact authorizes gaming on Nation lands in general terms that paraphrases the IGRA definition of 'Indian lands.' These lands include the Nation's 32 acre tract in Madison County near the City of Oneida where gaming is currently being conducted. The compact does not specifically refer to the site where we understand the Nation has built a major new facility in anticipation of being able to conduct gaming in the future. Since the Compact tracks the 'Indian lands' definition of IGRA, we need not decide and take no position with regard to whether this new facility is on 'Indian land' as that term is used in IGRA."^[12]

The issue arises whether the Turning Stone is on reservation land. As noted in a 2005 U.S. Supreme Court decision, City of Sherrill v. Oneida Indian Nation,^[13] the casino is on original tribal land granted under treaty with New York State and the Oneida Tribe. However, the court opined that 200 years of being under non-Indian control and ownership was too long for the Oneida Indian Nation to assert sovereign dominion over the parcels.^[14] This decision has raised more questions than it answers. The main issue in the Sherrill case was whether the city could tax Oneida Indian Nation property that was original reservation land. The court said yes. Does this also mean that it is not Indian Land as defined in the IRGA? If so, then, as UCE argues, the casino would be conducting unauthorized gambling. Note that, the dissent in Sherrill stated that "[f]or the reasons set forth at length in the opinions of the District Court and the Court of Appeals, it is abundantly clear that all of the land owned by the Tribe within the boundaries of its reservation qualifies as Indian country. Without questioning the accuracy of that conclusion, the Court today nevertheless decides that the fact that most of the reservation has been occupied and governed by non-Indians for a long period of time precludes the Tribe 'from rekindling embers of sovereignty that long ago grew cold.' Ante, at 14.". If the Second Circuit's finding is still valid, then the DOI must take a final position on whether the compact covers the Turning Stone Casino and Resort.

To "re-establish sovereign authority" over the land purchased on the open market, the U.S. Supreme Court stated that the "proper avenue" for the Oneida Indian Nation was through § 465 of the Indian Reorganization Act and apply to the Department of the Interior to place the disputed lands into federal trust.^[15] On April 2005, the Oneida Indian Nation applied to have this land taken into trust. The Oneida Nation also took other legal steps to try to preserve Class III gaming at Turning Stone. On February 27, 2008, the BIA released its Final Environmental Impact Statement and recommended that 13,084 acres be placed into trust. After this announcement, the DOI gave a 30 day comment period and announced that it would have a decision on or after March 25, 2008.^[16]

Some government officials have expressed concern with creating a "patchwork of taxable and tax-exempt properties" in addition to a "jurisdictional nightmare." In opposing the OIN's land-into-trust application, New York has raised the question of whether the Indian Reorganization Act even applies to the Oneidas because they specifically rejected the Indian Reorganization Act 12 to 57 in a vote conducted on June 17, 1936.^[17] Initially the Oneida were considered not eligible, but in a reconsideration based on the discussion in the case of U.S. v. Boylan, the Department of Interior changed its position and conducted the referendum.^[18]

On March 2008, County Executive Anthony Picente held a public meeting to discuss the possibility of negotiating a settlement before the March 25th deadline. Congressman Arcuri pulled unprofessional backdoor politics to try and stall the decision. While criticized by both sides for killing any progress made between the two sides, Mr. Arcuri explained that it was his attempt to try to encourage negotiations. But there has not been any attempt to negotiate since then. It is interesting to note that on January 2008, Mr. Ray Halbritter sent a proposed settlement offer to the state and the county, but has not received a response to date.^[19] The Nation has offered to negotiate an agreement pertaining to future trust applications, but the state and local government have not responded to this offer.

On May 20, 2008, the DOI announced that it intends to take 13,004 acres into trust.^[20] Reactions from both sides were to be as expected, the Oneida Indian Nation offering to negotiate and settle the issues involved, the state and county officials promising more costly litigation in lieu of negotiation.

It is of further interest to note the case currently before the U.S. Sup. Ct. where Rhode Island officials are suing on grounds that the IRA is unconstitutional. Oral arguments are slated for the Fall.

[edit] Alcohol and smoking

On Wednesday, October 3, 2007 the New York State Liquor Authority denied the Oneida Nation’s applications to serve alcohol at their golf courses. After delaying a decision for a month, the liquor board told the Oneida Indian Nation it cannot issue permits while unsettled sovereignty issues between the tribe and the state are being litigated in court. This decision also leaves in the tribe's applications for liquor licenses for its new night club and its hotels in question.

While their applications were pending before the Liquor Authority, the Resort did not allow any kind of alcohol on the premises as part of their application.[1] Since the Liquor Authority's denial on the applications, the Oneida Indian Nation has lifted the alcohol ban.

Smoking is allowed around the resort although they have recently expanded the non-smoking sections in all areas.

[edit] External links

• Official site

[edit] References