Bruce,
Nice article, as usual.
With regard to Turning Stone, there are not one, but two court decisions
rendering it illegal. The one to which you refer, Peterman v. Pataki (I
think), renders the casino illegal because there is no valid compact with
the State of New York. That is because the compact negotiated with former
Governor Cuomo was never ratified by the legislature. My understanding is
that it was a particularly lousy deal, involving no payments to the state
whatever.
There is a second case, which did not reference Turning Stone directly,
that invalidated the Oneida land claim altogether, and hence rendered the
claim to Oneida sovereignty over the Turning Stone parcel invalid. That is
the Sherrill case, and it was decidied in the U.S. Supreme Court. I'm
still puzzled as to why a Federal Judge could not close Turning Stone just
on the basis of that decision.
The Oneidas have applied to have huge tracts of land taken into trust,
including the Turning Stone parcel, and the BIA has recommended approval
and the DOI has signed off on it. However, there are seven pending
lawsuits, including one from the State of New York, challenging that
decision. Moreover, it would seem to me that gambling eligibility would be
subject to the same test that ultimately proved fatal to the Buffalo Creek
Casino, namely, the fact that it would be on land acquired after 1988 (at
least in the sense of sovereignty -- I'm not sure how long they've owned
it), and there is no land claim in the wake of Sherrill.
In any case, the land has not been taken into trust yet, so the casino
should definitely be closed in the interim.
Well, that case is still being litigated, and maybe Neil will ultimately be
able to extract a meaningful victory from what has been a very difficult
and frustrating case. He represents the towns of Vernon and Verona.
News |
US Marshals vs. the Indians at Buffalo Creek?by Bruce Jackson |
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Showdown
On July 8, US District Court Judge William M. Skretny published his order vacating the ruling of the National Indian Gaming Commission (NIGC) that the Seneca Nation of Indians (SNI) could legally operate a gambling casino on property they owned in downtown Buffalo. The Senecas’ land fit the legal definition of “Indian country,” and they could do anything on it the law permitted, which did not include gambling.
The Senecas immediately said the decision had no practical effect on them. They were not a party to the lawsuit, they were not ordered to do or not do anything in Judge Skretny’s opinion. Until there was a final determination in the courts they would, they said, continue operating slot machines in the blue shed that is their temporary Buffalo casino and would continue constructing the $330 million casino/hotel/entertainment complex they would use for a permanent casino. As far as they were concerned, it was “business as usual.”
On July 8 and 9, Cornelius Murray, the Albany attorney representing the Buffalo plaintiffs, contacted Assistant US Attorney Mary Pat Fleming, both times asking if the chairman of the NIGC intended to shut down the Buffalo casino. Fleming never replied to either letter.
Instead, Penny Coleman, who identified herself as an attorney for the NIGC, called Murray, told him Fleming had forwarded Murray’s letters to her, and told him that the NIGC was still thinking things over. Fleming, Coleman said, would not respond directly to Murray about the matter. In the legal world, Coleman’s call was out of order, since she was an employee of the defendants in the case—technically one of the clients on the other side. Once a lawsuit is in process, attorneys don’t talk to clients on the other side; they talk only to opposing attorneys. From Murray’s point of view, Coleman shouldn’t have called him at all; the call should have been made by Mary Pat Fleming or someone else in the US Department of Justice, which has represented the NIGC in the lawsuit.
After that call from Coleman, Murray again wrote to Mary Pat Fleming, telling her about the conversation. That letter got no response either.
On July 14, Murray went back to court, this time asking the judge to issue “an order directing the Defendants, and in particular the Chairman of the NIGC, to order the SNI immediately to close all Class III gambling operations at the Buffalo Parcel site and, in the event of the Chairman’s failure to do so, directing the U.S. Marshal’s Office to take such action as may be reasonably necessary to ensure the immediate and permanent cessation of such activity.”
The gambling operation in Buffalo, wrote Murray, is illegal, and the court has “the inherent power and authority…to issue such orders and commands as may be necessary or appropriate to effectuate and prevent the frustration of such orders which the Court has previously issued in its exercise of jurisdiction otherwise obtained.”
Or, in ordinary English: If the Justice Department and the NIGC are going to continue stonewalling, the judge can and should shut down the gambling operation himself.
Without such action, Murray wrote, “The Defendants’ action in the face of this clear and unambiguous order frustrates the purpose and intent of the Court’s ruling and renders it a mere pyrrhic victory for the Plaintiffs…Unless and until the SNI cease their illegal Class III gambling operation, the SNI will continue to act as if this Court’s decision was an irrelevant academic exercise and the Defendants, including the NIGC Chairman, will continue to fail to take any steps to enforce their compliance. Accordingly, to give effect to this Court’s Decision, the requested order is necessary and should be granted.”
Upping the ante
In their lawsuit, the plaintiffs—the group of individuals and citizens’ groups represented by Citizens for Better Buffalo, which organized the funding and devised the legal strategy for the case—had “requested declaratory and injunctive relief for the purpose of halting the illegal gambling on the Buffalo Parcel.” The judge’s July 8 order vacating the NIGC ordinance satisfied the first of those requests. In light of inertia at the NIGC and the total disregard of the judge’s order by the SNI, the plaintiffs are now asking the judge to give them the second part—a court order telling the NIGC to shut it down and, if the NIGC doesn’t obey, an order directed to the US Marshals to shut it down.
Sending the US Marshals in to terminate gambling at the Buffalo site would for the first time directly involve the Seneca Nation in this lawsuit, which entered federal court on January 3, 2006. It would be their gambling operation that the marshals would be blocking off and shutting down. If the marshals come in, it’s no longer business as usual. It’s no longer business of any kind.
Is Seneca Niagara at risk?
Perhaps. It may depend on whether or not the Senecas decide to cut their losses and walk away from the Buffalo project.
By design, the Buffalo lawsuit was narrowly defined and carefully focused. The plaintiffs argued that the planned Buffalo casino was illegal and shouldn’t go into operation. There was no mention of the Senecas’ other gambling operations in the Buffalo lawsuit, nor were the Senecas themselves defendants. When Judge Skretny sent the whole case back to the NIGC for serious consideration and the NIGC flipped it without serious reconsideration, the Senecas started their slot machine operation in the blue shed. Recently, even though they knew this suit might go against them, they’ve started work on their large Buffalo casino/hotel/entertainment complex.
It is possible for the Buffalo lawsuit to apply only to the Buffalo situation and for the Seneca Niagara Casino and Hotel to continue just as it has been. But what if the Senecas push this all the way to the Supreme Court and the Supreme Court rules that the entire gambling compact former Governor George Pataki negotiated was illegal, that turning the former Niagara Falls Convention Center over to the Senecas was as illegal as the planned casino in downtown Buffalo? Could that happen?
Yes, it could. It’s not likely, but it’s a possibility. That might be why the Senecas hired Harvard constitutional lawyer Laurence Tribe—to ask him if pursuing this all the way might put more at risk than they can afford to lose.
(The local press made a big fuss over Tribe’s participation in this case, but he is part of the team that has represented Seneca gambling interests since 2001. In December 2006, Tribe hired on as a consultant to Akin Gump Strauss Hauer & Feld, a Washington, DC law firm that specializes, among other things, in American Indian casino lobbying, financing and litigating. In 2001, when it was trying to get its gambling compact passed, the Seneca Nation of Indians put Akin Gump on a $500,000 annual retainer to be one of its gambling lobbyists. If the SNI is ever a defendant or a plaintiff in any of these anti-casino actions, it will be represented by Akin Gump.)
A great deal of law is based on balancing rather than finding absolutes, and it is not uncommon for both sides in a lawsuit to have some justice on their sides. The judge’s job, in such situations, is to find a solution that is fair to all parties without ignoring the law. That isn’t always possible. Sometimes people get screwed in court because the other guy used a law in a way that was legal but hurtful.
If someone were to raise the issue of the Niagara Falls casino being illegal for exactly the same reasons as the Buffalo casino, the Senecas might respond, “Yes, but we set that casino up because we were told by the governments of New York State and the United States that the Niagara Falls casino was legal, and now we have thousands of employees dependent on us and we’ve driven so many Niagara Falls restaurants and motels out of business that the economy of Niagara Falls depends on us to keep operating. We set up that casino in good faith so even though the law says we were wrong, we ought to get a pass. It’s not like there’s no other gambling in New York State (the state itself runs a huge gambling operation that focuses primarily on milking the state’s poor) and there are slots in all the racetracks.”
That might work.
Laches
They might also bring up the legal doctrine of “laches,” which is a defense that is based in equity and not in statute. It holds that people who wait too long to claim a legal right lose their entitlement to compensation. Laches is a balancing question: If the plaintiff waited so long before filing a complaint that the defendant had every reason to believe there was no objection to the conduct in question, should the defendant have to pay the price? (Laches comes from an 1874 British case, Lindsay Petroleum Co. V. Hurd 1874 LR5.) No one sued when the casino came to Niagara Falls. By the time people in Niagara Falls realized there would be virtually no economic development as a result of the casino (other than the casino itself), they were waist deep in the Big Muddy, in too deep to back out.
Laches was not a reasonable defense in Buffalo. The Citizens for Better Buffalo lawsuit in opposition to the proposed casino was filed before the Seneca Gaming Corporation (SGC) began construction on the blue shed or its proposed $330 million building. The SGC went ahead and put up the shed and brought in slot machines in the dark of night in full knowledge that a federal judge was considering the legality of the entire operation. They began the construction knowing they might not be able to put a gambling joint on that property. They could have waited to see how things turned out in court but they didn’t want to wait. They gambled and, as things stand now, they lost. The courts do not reward gamblers for faulty choices.
Casinos mint money, but…
…you’ve got to have one before you can start minting anything.
Few businesses have a higher or more consistent gain on investment than casinos. The profit margin is part of the design. Individual gamblers might have a lucky streak but the gambling public cannot go home with more money than the house takes in. Casino operators like to refer to their industry with the euphemism “gaming,” but there’s no game at all (except in the street sense of playing someone for a fool or sucker): It’s a lock, pure and simple. As long as the house keeps its operating expenses below the profit from the house edge at the machines, tables, and wheels, there is no way the owners can do anything but make money.
Without the casino, it’s just talk, words on air, mere vapors.
According to the SGC’s February 14, 2008 quarterly filing with the SEC (the most recent 10-Q posted on its Web site), the Seneca gambling operation is planning to spend $330 million on the big building it hopes will replace its current blue metal slot machine shed. The new building would contain 2,000 slot machines, 45 table games, four restaurants, and a 22-story all-suite hotel.
The 10-Q says that the Senecas expect to fund the Buffalo Creek Casino and Hotel “one-third from operating cash flow and two-thirds through debt financing. The successful completion of the permanent Seneca Buffalo Creek Casino and Hotel will depend upon our cash flow from operations and our ability to secure necessary financing on acceptable terms.”
Which is to say, they need $220 million in loans to put up that gambling/entertainment complex.
Two years ago, there would have been no question about their ability to get that kind of financing. They made so much money from the Niagara Falls casino they’d been able to retire and refinance their usurious startup loan within a few years of opening day. Couldn’t they expect the same from Buffalo?
Maybe; maybe not.
Two things have changed since they got their Niagara Falls refinancing, one general, the other local. The general change is in the finance industry worldwide: Banks everywhere are in trouble. Money is tight, the dollar is sinking, the markets are declining. The housing bubble was just the early visible part of what is turning into a global financial disaster. There is less money to lend and lenders are far more cautious about whom they lend that money to and under what terms those loans are made.
The local change may have a profound influence on the decisions made by those outside lenders. Two years ago the Buffalo anti-casino lawsuit was just passion, talk and a bit of paper. Now it is a specific, well argued, and carefully researched judicial opinion saying the Buffalo Creek casino is illegal, that the Senecas can use the land for a wide range of purposes but gambling is not one of them. And now the plaintiffs have filed a new motion asking the judge to light a fire under the Washington agencies or send in the marshals so this illegal operation doesn’t keep doing business in downtown Buffalo.
Hotels, restaurants, and theaters in towns like Buffalo don’t make the kind of money necessary to cover a $330 million startup bill. Gambling might. Unless the Senecas can convince the financial industry that it will, at the end of the legal process, prevail, construction might grind to a halt at the Buffalo Creek site long before all legal maneuvering connected with the current lawsuit comes to final resolution in the Second Circuit in Manhattan or the US Supreme Court in Washington.
Maintaining momentum
Cornelius Murray was the attorney in the successful case against the Oneidas’ Turning Stone Casino, which a New York State judge four years ago ruled was illegal. That casino is still operating and the legal wrangling is still going on.
But the Buffalo casino case is in federal court, which means it is before a judge with far more power than state court judges, a judge who is not connected to or mired in state politics.
There is another important difference in the Turning Stone and Buffalo cases: Turning Stone has been in operation since 1993; it was already doing business when the lawsuit that resulted in the 2004 decision was initiated. The Buffalo casino was just a plan when the Buffalo lawsuit was initiated, and even now it’s only a blue steel shed and a bunch of pilings driven into the ground.
The key thing Murray may have learned from Turning Stone is the necessity of maintaining legal momentum. His team won a big victory in Judge Skretny’s court on July 8. The task now, and the point of Murray’s current motion in federal court, is to make sure Judge Skretny’s order vacating the NIGC authorization of the Buffalo casino has specific consequences in the real world.
Bruce Jackson is SUNY Distinguished Professor and Samuel L. Capen Professor of American Culture at UB. His Pictures from a Drawer: Prison and the Art of Portraiture will be published next spring by Temple University Press. He edits the Web magazine BuffaloReport.com.
Reader Comments
WNYMind 17 Jul 2008, 00:46
Give us all a break. Everyone knows Jackson and Rose work together on the
CBB, anti-casino, Wendt Foundation funded party. Can't Kresse, Lunt and Day
control their trained baboons. For $2 million tax exempt dollars the
baboons should come with a lease. Have a little patience fellows. You will have plenty of time to examine your belly buttons after the casino opens. I am sure by then you will be fighting a Wal-Mart somewhere or trying to stop R rated movies from being released. In short, the Buffalo Zoo called and they want the Wendt Foundation to bring their baboons back. It's feeding time and the baboons get cranky if they don't eat their bananas.
Luis Clay 17 Jul 2008, 06:53
Hello WNYMind, just to record that you don't speak for me above when you say, "Give us all a break." (I am included in the word "all" I hope being a real person with a real name and a real agenda and so forth.) I'd like to keep reading and writing about the tawdry casino story until the truth is out and the story ends in a cessation of gambling on the Buffalo Creek site. If it was a retail store selling hand-made Seneca goods or selling vegetables grown on nearby Seneca land I would be all in favor of a tax-free zone, in fact I'd be down there shopping for a valuable article that I could put in my home to represent the local culture of New York. But it is not that, is it? What does one bring away from a casino except regret and an empty purse? When my son was younger he enjoyed the Mighty Morphin Power Rangers on TV. One day he came into the house and jumped onto the floor in a defensive stance with a cocked wrist and he yelled out to me, "Eat dirt dude! What you say is what you are!" So I'm beginning to wonder about baboons in general and how come you know so much about them. Or maybe you are an ordinary god-fearing tax-paying citizen who is also a hypocrite? In a post under last week's article you had written, "I am just one of the thousands out there who respect my neighbors and all the laws of the US (not just the few selected to press my agenda). Who I am doesn't really matter, what I represent does, which is fairness, honesty, and democratic process and dialogue." To be clear, my opinion, for the little it is worth, is that your dialogue strays dangerously off the subject at hand. It is not open to question though that Jackson, Rose, Kresse, Lundt, Day and indded I are all your neighbors. That is, if you actually are a real person living in Western New York and not a paid hack from elsewhere. I look forward to shaking your hand when I meet you. Luis Clay +1(716)641-2616
Luis Clay 17 Jul 2008, 07:12
Two corrections to my last post: 1) my phone number is +1(716)841-2616 not that one shown above. Sorry. 2) I failed to make the point that inner-city casinos are not sustainable businesses in a long-term economic cycle. After the local money is used up their principal source of income is either new tourists (viz the limos plying the QEW between Pearson airport and the Canadian NF or, failing that, the criminal sector.) Thus it might be a more sensible strategy for the Senecas to undercut Wegmans in Buffalo with local vegetables to feed the hungry and the poor and to concentrate their energies on not losing the entire franchise in Western New York and investing in an international airport at the extended Niagara Falls runway (one of the few runways in the eastern US that will handle ever larger jets without requiring re-development, etc. Smarter to bring the money to you, like the Canadians do, than to irritate local neighbors with blatantly illegal schemes. Unless I am mistaken Seneca Lake is not in Western New York, correct? So what are the chances of success for the Buffalo Creek franchise here?
no one special 17 Jul 2008, 08:47
Yeah, Luis, lets keep all those injuns down on the rez where they belong.
On the roadside selling vegetables and jewelry and stuff like that for you
to display in your "culture showcase". Hey by the way, you can buy those things inside the casino too!
Rocco Russo 17 Jul 2008, 11:43
Quite interesting when the facts are in the open. Personally, I'm not as
opposed to an actual casino as I am to the process by which they are given
permission to operate. I don't like the problems that come along with
casinos, especially ones in already struggling cities. But to ignore those
cons at the sake of holding a grudge against certain individuals or groups
is, well, it's a lot of things. Smart not being one of them. Buffalo
needs a well thought out plan for renewing our downtown. As a city we have
lots to offer. I just don't see how a downtown casino fits into any
sensible plan to make Buffalo better. Idealy, I'd like to see both sides
sit down and find a solution that benefits everyone. It's called a
compromise. If it includes a downtown casino, it needs to have a plan in
place for dealing with the negatives that will come with it. But I also
think there could be positives of a casino as part of a comprehensive plan.
I'm not saying it's an easy compromise, but I don't see any reason why it
couldn't be accomplished.
inquiring 17 Jul 2008, 14:55
Dear Rocco How would you want to see the Seneca Nation deal with a negative side. Someone said in another discussion it would bring theft from family,neighbor, employers. How would the Nation be responsible to deal with this particular problem? I am very interested in your response.
inquiring 17 Jul 2008, 15:33
Hey, you forgot to have everyone look at this article too! http://www.buffalonews.com/opinion/everybodyscolumn/story/392767.html
WNYMind 17 Jul 2008, 15:52
The Wendt Foundation created this mess. Their baboons are on the loose now.
All I can say at this point is the following: Beware Joel Rose, for he is the Devil's pawn. Alone among God's primates, he kills for sport or lust or greed. Yea, he will murder his brother to possess his brother's land. Let him not breed in great numbers, for he will make a desert of his home and yours. Shun him; drive him back into his jungle lair, for he is the harbinger of death.
WNYMind 17 Jul 2008, 16:31
I have always known Joel Rose. From the evidence, I believe his wisdom must
walk hand and hand with his idiocy. His emotions must rule his brain. He
must be a warlike creature who gives battle to everything around him, even
himself. Does the Wendt Foundation, that marvel of the universe, that glorious paradox who cooked up the anti-casino group CBB, still make war against its brothers? Keep its neighbor's children starving?
Lloyd A. Marshall, Jr. 17 Jul 2008, 17:35
WNYMind... LOVE the likening of Joel Rose to a baboon! It's past feeding time now, and the longer Baboon Rose isn't at the trough, the crankier and more irritable he gets.
Rocco Russo 17 Jul 2008, 18:43
inquiring: I did not say it is up to the Senecas alone to deal with the
negatives. It wouldn't be their responsibility at all. I'm stating that
there would be negatives and I'd like both sides to be willing and prepared
to deal with them. If, as that opinion claims, the Senecas are just trying
to be our brothers and sisters and good neighbors, they would welcome the
opportunity to help improve the community around them. They would
participate in alleviating the social ills that come with gaming. They
would act as responsible "citizens" even though currently they act in
direct opposition to our government. From my perspective they choose to
segregate themselves and have no interest in anything outside the profits
inside their casino walls. What have they done to improve Niagara Falls?
Where is their participation as a responsible corporate citizen? It's not
there because they have no accountability to the community around them or
the government of our country. If they wanted to initiate a change in that
relationship, I suggest making offers in good faith such as a percentage of
profits donated to support services such as Gamblers Anonymous, etc. Or a
real partnership to develop the surrounding business community. I would
love to see a thriving downtown/waterfront area with numerous
entertainment/retail/dining options, including a casino, that could hopeful
be incorporated into making Buffalo more of a tourist destination. We
don't need our local population subsidizing another tax-free Indian casino
that has zero interest in the economic welfare of the surrounding
community. We have much to offer but spend too much time bickering to
achieve any real progress. Without all parties involved on the same page,
and each willing to make concessions, I don't see how this gets resolved.
As it stand each side has an all or nothing approach. WNYMind, I have nothing nice to say regarding your comments, so I won't say anything at all. If anything I'm just confused by your hate. God has nothing to do with this either. WNYMind and Lloyd: I don't understand your need to revert to name calling. Your personal distaste for Mr. Rose should have no bearing on the facts of the matter. You of course are entitled to your opinions on the pros and cons of a Buffalo casino; but not once have any of you answered any of my questions or statements with well reasoned answers supported by facts. I'm more than happy to be convinced that the benefits of a casino outweigh the costs. Enlighten me. As I've stated: you seem so caught up in your issues with Mr. Rose and the Wendt Foundation that you continue to chose to ignore the laws. Laws in place from an agreement between our government and the Senecas. If you have any dissent over this case, it should be with the Senecas for attempting to go back on their word and their complete disregard for the law.
avwrobel 17 Jul 2008, 18:45
Well done Bruce J., thank you. I wonder if a story can be done on the
anti-casino Senecas (there are a lot of them) and what their ideas are for
the future of their people. What is their vision of development? I've
seen editions of Indian Country newspaper (a national publication) and
found it fascinating.
avwrobel 17 Jul 2008, 18:49
www.indiancountry.com
Lloyd A. Marshall, Jr. 17 Jul 2008, 19:51
Rocco says: "If you have any dissent over this case, it should be with the
Senecas for attempting to go back on their word and their complete
disregard for the law." Nope. Our rightful dissent is with Joel Rose and other such nattering nabobs of nosiness who, having no alternative job-creation plan, only serve to gum up the works for the rest of us.
Rocco Russo 17 Jul 2008, 21:05
Supporting a casino with the only named benefit so far of creating jobs
(while forgetting to mention the potential and likely lost jobs elsewhere)
is hardly a convincing argument. Again, I ask you put aside your personal
dislike of Mr. Rose and discuss with me the pros and cons of a casino. You
seem unable, or at best unwilling, to do so. Convince me why this is a
good idea. Let me ask you this: if someone other than Mr. Rose and/or the
Wendt Foundation were leading the opposition to the Buffalo casino, would
you be arguing the same case? What are your reasons, supported by factual
evidence, to support a downtown casino? Like I said, I'm more than willing
to chance my mind. My current opinion is based on the facts I'm aware of.
If I'm unaware of the plethora of benefits a downtown casino would bring,
let me know. But as it stands you nor WNYMind nor anyone is support of the
casino has given any other reason than job creation. Which is a good
thing. But you have failed to weigh that one benefit versus the costs that
will come with a casino. Let's try to leave Mr. Rose and the grammar
school name calling out of this time and present to me a logical,
reasonable, common sense argument as to why I should support a downtown
casino.
inquiring 18 Jul 2008, 00:26
Rocco, And what has the city of Buffalo or any other surrounding city done to help the Seneca's? Nothing. We have developed these casino's to help our people become self sufficient. It's not there to help Buffalonian's although it does, by means of jobs and a percentage to the city itself. How about the city of Buffalo all agree on where the 7 million a year be spent? Please explain why you or the others may believe that the 1000 jobs to be created are bad for Buffalo. ( Lost jobs? What do you mean? People will quit were they are working presently to go work at the casino???)I keep reading about how bad the casino is but it needs to be clearly explained. No real facts have been explained from what I can see, just that it's going to be bad. A good reason to have a casino run by the Seneca's is that they donate to local charities. They have given to Make a Wish, Buffalo Zoo, Childrens Hospital, Diabetes Foundation just to name a few. Also, it has provided extra services for Seneca's such as housing, health care, education like you wouldn't believe, and so forth. Not only Seneca's but Many Seneca's spouses to non Seneca's who get the services. There IS an economic impact from outside vendors wether it be for toilet paper to local farmers selling fresh fruits and veggies for dining. Our paychecks are cashed and spent at nearby grocery stores, clothes stores, restaurants to take family out to eat, car bills, mortgages, you name it. The same things you spend your money on. I myself pay taxes. I have FICA taken outta my check from the Nation, I have NYS tax taken out too as a matter of fact. Many people, many non natives have taxes taken out of their check each week. If the casino's do not exist, we couldn't have such an impact on the economy. I hope these are some good reasons a casino would help benefit yourself and your city. If you want more reasons please ask and I can come up with more. What do you think about Bass Pro coming in on a five-ten year tax free ride and produce oh say maybe 100 jobs at most. Then leave after that tax break is over like several other companies have done? They wouldn't be giving Buffalo any sort of revenue sharing. All their money goes back to Bass Pro Headquarters. ( know it's not a casino, but Im just giving another example of a business building in Buffalo)
Rocco Russo 18 Jul 2008, 08:57
inquiring, Why should Buffalo or other cities help the Seneca's? Have we been granted land in the middle of your reservation and allowed to build and profit off of your people? Don't give me some rhetoric about how Native Americans have been mistreated for centuries. That's no secret. Is it unfortunate? Of course. But you know what? Another wrong in the form of a casino doesn't make ammends. If you want a casino on your reservation to help become self sufficient, by all means do so. I will say it one last time: I am not necessarily opposed to a casino. As long as it is done legally. Since when do you or anyone else get to arbitrarily break the law? Stop hiding behind the creation of jobs point. That's all you have. What's the estimated annual profit of the casino? $7M is a joke. A token gesture. Build a casino somewhere legally and keep your $7M. I never said 1000 new jobs are bad. I explained what I meant by other lost jobs: The local and tax-paying business owners and their employees who will be out of work after not being able to compete with a casino who doesn't pay taxes. I've given numerous facts regarding the negatives associated with a casino, you choose to keep ignoring them. (Maybe you didn't read all the comments from the last article.) I respect that the Seneca's choose to donate to local charities. But that's not what we're talking about here. I'm asking if the Seneca's are willing to assist in relieving the social problems that come with gambling. Are they willing to be held liable for the problems their casino creates? I'm glad the revenue from Indian casinos helps to provide housing, health care, and education for the Senecas. You say there is an economic impact from outside vendors. Your argument has one fatal flaw: any business in that area has the same impact. Any other legal, tax-paying business buys toilet paper, buys the food for their restaurants. Their employees cash their checks and spend their income in the area (hopefully at non-reservation gas stations too.) You're saying that without casino's, you would be unable to have an impact on the ecomony? Again: is a job in a casino your only job option? What's wrong with building a casino legally elsewhere? Bass Pro is a whole other discussion. NY state is a tough state to do business in. I'll end with this: I would have far fewer objections to the Senecas building a mixed-use hotel/entertainment/dining/retail complex on that land. I would still be concerned with the effect on other local and tax-paying business, and whether they could compete. But it is your land and sovereign. If it were up to me I'd allow competing businesses within a certain radius tax-exempt status. Level the playing field. Then we'll see how many millions you can steal from our citizens.
Rocco Russo 18 Jul 2008, 09:20
Just to mention: I've barely thought this through or know all the details
of the situation. I'm basing my argument on common sense, reason, and
logic. I have no direct interest in whether this ever happens or not. My
concern is the lack of real debate and discussion (at what I've read so
far) by the commentors, as to why this is a good idea. I'm more than
willing to be convinced it is. But not one person has answered my
questions regarding the cons that come along with a casino, and how the
Senecas plan, or even choose, to deal with them. I suppose they have not
legal responsibility to do so. But if you want me to accept their casino
and treat them as brothers, I expect the same in return. Look at NF. What
has the Seneca Nation done to improve that city? Where are the economic
benefits and development outside of the casino? That is 10x the tourist
area that Buffalo is. Where are the rest of the pros aside from some new
jobs? Are Seneca's shopping and going out to eat in other NF businesses?
Are they supporting the community? Are they helping to deal with gambling
addictions?
Mark 18 Jul 2008, 10:03
The Margaret L. Wendt Foundation 40 Fountain Plz., Ste. 277 Buffalo, NY
14202-2220 Telephone: (716) 855-2146 Contact: Robert J. Kresse Donor(s):
Margaret L. Wendt +. Type of grantmaker: Independent foundation.
Background: Trust established in 1956 in NY. Purpose and activities:
Emphasis on education, the arts, and social services; support also for
churches and religious organizations, health associations, public interest
organizations, and youth agencies. Fields of interest: Aging; Aging,
centers/services; AIDS; AIDS research; Alcoholism; Arts; Biomedicine;
Cancer; Cancer research; Children/youth, services; Community/economic
development; Crime/law enforcement; Disabilities, people with; Economically
disadvantaged; Education; Education, early childhood education;
Environment, natural resources; Federated giving programs;
Government/public administration; Health organizations; Higher education;
Historic preservation/historical societies; History/archaeology; Hospitals
(general); Human services; International human rights; Legal services;
Libraries/library science; Medical research; Mental health/crisis services;
Minorities; Minorities/immigrants, centers/services; Museums; Performing
arts; Performing arts, theater; Political science; Public affairs;
Religion; Residential/custodial care, hospices; Substance abuse, services;
Visual arts. Geographic focus: New York Limitations: Giving primarily in
Buffalo and western NY. No grants to individuals, or for scholarships.
Publications: Application guidelines. Application information: Application
form not required. Applicants should submit the following: 1) statement of
problem project will address 2) copy of IRS Determination Letter 3) listing
of board of directors, trustees, officers and other key people and their
affiliations 4) detailed description of project and amount of funding
requested Applying organizations should include the last 3 years' audited
financial statements with above information. Initial approach: Letter or
application form Copies of proposal: 4 Board meeting date(s): Quarterly; no
fixed dates Deadline(s): 1 month prior to board meeting Final notification:
Usually 4 to 6 months Trustees: Janet L. Day; Thomas D. Lunt; Robert J.
Kresse. Number of staff: 1 part-time support. Memberships: Grantmakers for
Education; Western New York Grantmakers Association. Financial data: (yr.
ended 01/31/06 ): Assets, $126,511,319 (M); expenditures, $7,136,322; total
giving, $5,461,320; qualifying distributions, $5,714,808; giving activities
include $5,461,320 for 130 grants (high: $500,000; low: $510; average:
$5,000-$50,000). Additional geographic information: County: Erie;
metropolitan area: Buffalo-Niagara Falls, NY. EIN: 166030037 Most Recent IRS filings: PDF Selected grants: The following grants were reported in 2006. $500,000 to Shaw Festival Foundation, Buffalo, NY, For renovation and expansion. $360,000 to Hilbert College, Hamburg, NY, Toward constructing communications lab and performance facility. $250,000 to Community Foundation for Greater Buffalo, Buffalo, NY, For Joint Foundation Transition Funding for Arts. $250,000 to Daemen College, Center for Information, Research and Community Programs, Amherst, NY, Toward construction. $250,000 to Nature Conservancy, Arlington, VA, To acquire land in Zoar Valley. $225,000 to University at Buffalo Foundation, Buffalo, NY, Toward Olmsted challenge grant supporting Ira G. Ross Eye Institute. $200,000 to Chautauqua Watershed Conservancy, Jamestown, NY, Toward purchase of conservation easement at Lake Chautauqua Lutheran Center. $50,000 to Good Schools for All, San Diego, CA, For unrestricted support of Raising Student Achievement. $25,000 to Hauptman-Woodward Medical Research Institute, Buffalo, NY, For Systemic Autoimmune Disease Research Center of Western New York. $20,000 to Niagara Aerospace Museum, Niagara Falls, NY, For rent, utility, and insurance. Last updated: 09/20/2007 I personally believe that Citizens for Better Buffalo misapproited use of funds. I can name other instances where the funds for the lawsuit could have been of better use : 1. Broadway Market - in desperate need of funds 2. Lasalle Park - it is a "dump" needs to have a landscaper come in asses what is needed 3. donation to other non profit agencys - city mission, food bank, elderly centers. 3.
Matthew L 18 Jul 2008, 10:04
Great article, Mr. Jackson. I am astonished at the hubris displayed by the Seneca nation regarding this matter. If any other group of individuals were told their actions were illegal, they would obey the law and cease whatever operation they engaged in or face fines or imprisonment. This reeks of entitlement felt by a group of individuals who have bought themselves powerful lobby groups who influence local, state and Federal government. But beside the thought that one group of individuals feels privilaged to the point of being above the laws is the more serious undermining of our ability as a community to vote on this project. This same group, who stoutly stands up to New York State about gas and cigarette taxes, claiming their sovereignty is being violated, is now dimissing laws governing our country and essentially dismantling any due process democracy we, as a community, should retain. For those in the community who do support this illegal casino and see the benefits of having one, how about the Senecas then move it to your backyards of Clarence, Orchid Park, Amherst, West Seneca or Tonawanda?
Rocco Russo 18 Jul 2008, 10:26
Mark, I disagree. Specifically in your cut and paste (thank you): "Purpose and activites:...support also for...public interest organizations". I think the public's interest in the casino and the organizations formed in opposition to it fall under this. I suppose that's open to debate. Also: "Fields of Interest:...Crime/law enforcement,...Legal services,...Public affairs,..." The attempt to operate gaming at this site has been ruled illegal. I believe that falls under law enforcement. Completely appropriate use of funds. I'm not grant foundation expert. I will not claim to be 100% right. But at first glance it seems on the up and up.
Mark 18 Jul 2008, 10:36
Rocco- I could care less if the casino is built or isn't built. I just believe that funds for this lawsuit could've been of better use. Which do you think is of more concern feeding the hungry or lawsuit.Improving theater District(ie Studio Arena) or lawsuit.Keeping the historic Broadway Market open or lawsuit.
Rocco Russo 18 Jul 2008, 10:59
Mark, I won't necessarily disagree with your point, but that is not the issue here. While everything you mention has it's merits, they are also just a few of many interests and "crusades" people like to take on. Maybe I value the needs of the hungry, the arts, and the Broadway market far less than protecting the community from illegal casinos and the social ills that come with it. Maybe not. If we're now debating the best use of the Wendt Foundation's funds, I am in no position to do so. I know far too little about the grant industry. You stated: "I personally believe that Citizens for Better Buffalo misapproited use of funds." That is quite the accusation. You may have your opinion of how best to use the available funds, but misappropriation? I don't see it according to the info you provided above. Again, I may be wrong in uderstanding how the Foundation is set-up and the definitions of things like crime/law enforcement, legal services, etc.
inquiring 18 Jul 2008, 11:06
Mark, I believe they think this lawsuit is priority. ther is no changing their minds. Thank you for that info. I agree with you one hundred percent. I tried to make reasons why the casino can be good, but he totally did not listen (read). I asked why can't Buffalo agree on where the money should be spent to improve their city. If they are so concerned where their tax dollars are going and why poor people gamble, put up a gambling hotline or counselling or something with the money. And why is it the Nation's job to improve a city? They didn't contribute to our society. They worry about theirs and we will do what we can about ours. Shouldn't it be the people of Buffalo, or Niagara Falls for that matter? Seneca's are using their money to better themselves and obviously that is a problem. We don't feel we are "above the law" it appears that way to people who disagree with us tho. They all can continue to post their opinions to each other and agree with one another. There is no debating on this site.
inquiring 18 Jul 2008, 11:10
Maybe they are just anti-indian. By the way people, gas is 3.69 down the REZ! Come on down!
Rocco Russo 18 Jul 2008, 11:24
Obviously many people are not fans of Mr. Rose, the Wendt Foundation, and
how funds were used. Let me ask this: If some other group of citizens
were opposed to the casino, and either had their own funds or secured
funding elsewhere, would it change the laws governing the legality of
operating gaming on that land? Or would it be ok for the Senecas to push
forward, with the millions of dollars to spend on lawyers and lobbyists,
while your average citizen hasn't the means to fight that giant? Does it
change what's right from wrong according to the law? Again: Laws that the
Senecas have agreed to and are now breaking.
mark 18 Jul 2008, 11:28
Rooco- I'm no expert on grants either. Perhaps I should've have just said the funds could have been better spent on other projects. I personally believe that foundations should exclude all lawsuits of any nature.
Rocco Russo 18 Jul 2008, 11:46
Matt, In my opinion, while there are of course numerous worthwhile projects out there, this lawsuit was necessary in protecting the public's best interests. If this were any other coporation, I think many more people would be upset with their behavior and law breaking. You may disagree with the law, but it doesn't make it right to ignore it. I'm not specifically speaking to you on this. Just the supporters in general. If it were deemed legal to operate gaming on that site, the debate would be the costs versus the benefits, and open to much wider interpretation and opinion than a legal matter. Of course, in that instance, nothing could be done to stop the Senecas. If and when the next casino is built, I just hope they become even better corporate citizens and truly our brothers and neighbors.
Mark 18 Jul 2008, 12:04
Rocco- I understand your point of view. However I don't think that foundation funds were intended to persue lawsuits. If the CBB, or any other foundation, board members want to pursue a lawlsuit, it should come out of their own personal funds.
Rocco Russo 18 Jul 2008, 12:28
Agreed. But according to the Wendt Foundation's info above, legal services
fall under their scope. Now, I don't know exactly how it worked, if the
money went from the Wendt Foundation to pay for the legal fees incurred by
the CBB, etc.. To my knowledge the Wendt Foundation isn't named as a
plaintiff in the case. The problem with someone or group funding a legal
battle against the Senecas is who can afford that? I know I can't. Just
because the Senecas have the ability to afford enormous legal fees and pay
for lobbyists, doesn't mean they should be able to break the law. No
company or corporation should be. I know it happens, but it doesn't make
it right.
WNYMind 18 Jul 2008, 12:34
THIS SECRET TRANSCRIPT FROM A CBB STRATEGY MEETING WAS JUST RELEASED BY AN
ANONYMOUS SOURCE: Joel Rose: What is more dangerous than a Seneca casino, Doctor? Bruce Jackson: The unknown. Joel Rose: Can this fight against the Seneca wait until later? Bruce Jackson: Later. Later we'll do something about pollution. Later we'll do something about the population explosion. Later we'll something about nuclear war. We think we've got all the time in the world, but how much time has the world got? Wendt Trustees: Where there is fire, there is smoke. And in that smoke, from this day forward, my people will crouch and conspire and plot and plan for the inevitable day of the Seneca's downfall - the day when they finally and self-destructively turns their casino against their own kind. The day of the writing in the sky, when your cities lie buried under radioactive rubble! When the sea is a dead sea, and the land is a wasteland out of which the Wendt Foundation will lead my people from their captivity! And we will build our own cities in which there will be no place for casinos except to serve our ends! And we shall found our own armies, our own religion, our own dynasty! And that day is upon you NOW! Bruce Jackson: Now, fight like apes! Joel Rose: Do you think this riot will win freedom for all your foundation? By tomorrow... Wendt Trustees: By tomorrow it will be too late. Why a tiny, mindless insect like the emperor moth can communicate with another over a distance of 80 miles... Joel Rose: An emperor trustee might do slightly better? Wendt Trustees: Slightly? What you have seen here today, unaccountable foundations on the 5 continents will be imitating tomorrow. Judges Ruling (before appeal): In one of the countless billions of galaxies in the universe, lies a medium-sized city, and one of its foundations, a rustbelt and insignificant city (Buffalo), is now dead. AFTER READING THE TRANSCRIPT, THE PEOPLE WHO DISCOVERED IT RECORDER THIS CONVERSATION: Anonymous Discoverer 1: How did the Wendt Foundation’s baboons get this way? Anonymous Discoverer 2: What other way would they be? Anonymous Discoverer 1: They would be begging me for a treat right now. Anonymous Discoverer 2: I warn you their ingenuity goes hand in hand with their cruelty. No creature is as devious, as violent. Anonymous Discoverer 1: A city where baboons evolved from men? There's got to be an answer. Anonymous Discoverer 2: Don't look for it. You may not like what you'll find. Anonymous Discoverer 1: I heard they tricked a judge to rule against the Seneca Anonymous Discoverer 2: You maniacs! You blew it up! Oh, damn you! Goddamn you all to hell! Anonymous Discoverer 1: not so fast, the Seneca are keeping the casino open, they say the judge’s ruling is procedural and doesn’t mean jack squat. Anonymous Discoverer 2: Someone, or something, has outwitted the intelligence of the baboons and the Wendt Foundation. Anonymous Discoverer 1: That shouldn't be difficult. Anonymous Discoverer 2: Baboons are cruel because they're stupid! All bone and no brain! Anonymous Discoverer 1: Never send a baboon to do a man's job.
mark 18 Jul 2008, 12:42
perhaps CBB- would like to make a donation to the "human fund (Seinfeld)" "legal services" - talk about "give an inch and taking a mile"
Rocco Russo 18 Jul 2008, 12:52
WNYMind: You have completely lost me. I don't know if that was an attempt
at humor, or a rewrite of Planet of the Apes maybe? No idea. I guess I'm
just not as smart or witty as you. I suppose that post has just about
convinced me to support a casino. I'll await your comments when U.S. Marshalls are sent in to shut down the illegal casino operation. Explain to me how the judge was tricked into ruling against the Senecas.
Rocco Russo 18 Jul 2008, 12:57
By the way: Windsor was mentioned. I've been there. Has anyone else?
Were you impressed? I wasn't. I don't enough about their pre-casino
economic situation, or post, but I'm still waiting to hear what the Senecas
have done to improve NF.
mark 18 Jul 2008, 13:13
I don't think there has been any one entity or corporation that has changed
the economic status of any city. Have the New York Yankee's organization
improved economic status of the Bronx???? Perhaps the casino supporters
should state that it could be a start of a renaissance(SP), but need other
private sectors as well to achieve that. Maybe a movie complex (don't
believe casiino's have tjat yet), maybe government help like the neighbors
gov't to the north...(Niagara Falls Parks)....
WNYMind 18 Jul 2008, 13:22
Does the Wendt Foundation, that marvel of Buffalo, that glorious paradox
who sent Joel Rose to court, still make war against his brother? Keep his
neighbor's children starving?
mark 18 Jul 2008, 13:27
Why do we, Buffalonians, think we are entitled to something without takin
any risks???? Let's be more proactive then reactive...we keep on doing the
same mistakes because we wan't to know the outcome.....
Rocco Russo 18 Jul 2008, 13:37
WNYMind: Please stop blaming everyone else for the problems the Seneca
Nation has. It's not our job to allow the Senecas to break the law. I'm
sorry if their children are starving. According to Wiki, the Seneca Nation
is about 15,000 to 25,000 people. I believe I read here that the WNY
population is around 7000? Where are all the millions being made in NF and
Allegheny going? If they won't take care of their own it's not my
problem. I truly wish that both sides would compromise and reach a solution that is beneficial for the whole community. The Senecas are just as guilty as anyone involved. Show me how NF has benefitted from their casino.
Rocco Russo 18 Jul 2008, 14:24
To further support my arument, this is from 2004, after 1 year of operation
for Seneca Niagara: http://www.niagarafallsreporter.com/citycide127.html
inquiring 18 Jul 2008, 14:46
Rocco, The Seneca Nation has about7600 on the rolls. The millions being made are going to the people. Not necessarily cash paid to them but for services of all sorts which I described earlier. Please stop blaming the Seneca's and their casino for not improving NF. That is up to their community and their reps to deal with that and where their share of the money goes. We are trying to take care of our OWN. You keep missing the point. The casino is built to benefit us. NOT YOU. Are you on a committee of some sort to better Buffalo? Maybe you can use your ideas (which are yet to be explained the cons of a casino) and help them spend the money the city will receive.
Rocco Russo 18 Jul 2008, 15:58
If millions are going to the people of the Seneca Nation, why are your
children starving? I would think that taking care of the poor, suffering,
and hungry would be one service provided to your people. I'm not blaming the Senecas for not improving NF. You're correct, that's not their job. But if you want to cite economic benefits to the surrounding community as a pro of a Buffalo casino, you'll have to do better than use NF as an example. Exactly what economic stimulus has Seneca Niagara brought to that city? If you want to be respected as our brothers and neighbors, maybe taking a less selfish approach than the us versus them attitude would help. This should not be a benefit one group/hurt the other issue. As I've said, and I'm beginning to think I'm wasting my time, I would love to see both sides agree to something that can benefit everyone. The problem now however is it is illegal to operate gaming on that land. According to the SNSA which was agreed upon by the Senecas. No, I'm not on any committe. I've stated that I've hardly followed this case. I'm basing my statements and opinions on common sense, logic, reason, and what the law is. The cons of a Seneca casino? -Off the tax roll -Does not stimulate other area business. If anything it creates a disadvantage for tax paying business that compete with the casino's restaurants, shopping, nightlife, lodging, etc. -Social problems such as gambling addictions, increase in crime to support a gambling addiction, etc. The list is long and has been studied and documented. You keep choosing to ignore this. Mr. Rose listed the studies and his references. Those are 3 pretty big cons.
inquiring 18 Jul 2008, 16:35
No, I didn't say our children are starving. They over eat to be honest. I
know I am wasting MY time because you just don't listen to reason. 1. Can you answer to me why the nation should be on the tax roll? Should we ignore what the treaties say that mine and your four fathers have agreed on? 2. For example, the casino can help stimulate business if it were a hotel. The surrounding hotels in NF have made good business because of the casino and it's higher hotel rates that people would prefer to stay in a more reasonable rate hotel. 3. There have been social problems all along. Washington DC does not have a casino and they are amongst the highest crime rated cities in USA, also Oakland, CA? or is it LA? If they have a gambling addiction they will gamble wether it be at a casino, OTB, or the lottery, Racino, scratch offs, quick draw, etc. I am not saying the casino won't add to their addiction ( i do agree, it might not help with that), but there going to gamble anyway wherever they can. (I know this sound harsh, you don't have to tell me that.) You stated you would like to see both sides agree on something that can benefit the both. If we were to not open a casino was it you who suggested gas or cigarettes? Well NYS has an agenda to stop sales to non natives, so we will be fighting for that like always. Or was it to open up an entertainment, shopping, and restaurants? This again will all be tax free and therefore, we will be violating surrounding businesses once again, won't we? You have a problem with Seneca's being tax free. So basically, there isn't too much we can do to make you happy Im afraid. You and your group of anti-casino people have deeper issues with Natives and that is you are just plain old not able to see the red man prosper but to stay on their reservation and become defeated. End of story.
Rocco Russo 18 Jul 2008, 17:11
1. The Nation shouldn't be on the tax roll. I have no issue with that.
You are a sovereign nation. But having a non-taxed business in downtown
Buffalo competing against a taxed one creates an unfair advantage. Build
all the tax-free casinos you want on land that leagally allows it. If you
want to adhere to what was agreed upon in treaties, etc., then you'll be
more than happy to accept that the site for the Buffalo casino does not
legally allowing Indian gaming. Otherwise you're ignoring the word of your
ancestors. 2. I would need to see more statistics of occupancy rates in NF hotels. NF is much more of a tourist destination than Buffalo. Plenty of people were visiting NF to see the falls long before there was a casino there. 3. Of course there have been social problems all along. Just because there are existing problems, including gambling addictions, doesn't make it right to add another avenue for that addiction to the mix. People already addicted will continue to gamble anywhere they can. You're correct on that. But what about the people who find it convenient enough to stay local, who otherwise don't want to travel to NF or Salamanca? Do you really think there will be no new gambling addicts? If not, do you think it will be the exact same people who are already gambling that will bring their business to a Buffalo casino? No. Because the Senecas wouldn't risk building a $330M complex if they didn't know they'd be making any new profits. That new profit has to come from somewhere. While part of it will be tourists, part of it will also be an increase in local income spent there. Income that is otherwise getting spent on things like groceries, mortages, etc., and not in NF or Salamanca. I for one disagree with the State on the tax and gas issue. I did mention allowing the Senecas (which they currently would be allowed to do) to open a mixed use retail/entertainment/dining/lodging complex. I also suggested making a tax-free zone within a certain radius to competing businesses to level the playing field. I have no problem with the Senecas being tax free. I have a problem with them swooping in and hiding behind the claim of "economic benefit" when in reality it makes it that much more difficult for similar businesses to compete against a tax-free Seneca venture. What you can do to make me happy is obey the law. I am no part of an anti-casino group. I like to gamble. I will gambling at the Seneca Niagara casino in August. I have had no dealings with Native Americans. I respect them as a people and understand they got royaly screwed over. But I'm not about to bend over backwards and accept an illegal operation under the guise of "progress" and to allow them to place all the blame for their suffering on "the white man". If they want to participate in business off of their reservation they will do it according to the laws established in treaties and specifically the SNSA.
Rocco Russo 18 Jul 2008, 18:07
Edits: I'm undecided on the cigarette and gas tax issue. I don't know how
it works. Do the Senecas buy wholesale from RJ Reynolds or something? Are
they taxed on their purchase? In general, if you want to sell something on
your land, go ahead. I don't care if you get taxed or not. I'm not buying
or goods or gas. I don't care either way.
Lloyd A. Marshall, Jr. 18 Jul 2008, 18:19
Rocco says in a prior post to someone: "I'll await your comments when U.S.
Marshalls are sent in to shut down the illegal casino operation." That will never happen; take it to the bank.
Rocco Russo 18 Jul 2008, 19:36
Ok Lloyd. What do you suggest happens then? Do you think the Senecas will
shut down on their own? Do you think the federal government, by order of
the chairman of the NIGC, will enforce the decision? Do you think it
likely that an appeal will overturn the judge's ruling? I'm glad you're so confident that the Senecas, our brothers and neighbors, will continue to illegally operate a casino. How do you expect anyone to respect the Seneca Nation if they refuse to follow the agreement and laws of the SNSA? I sincerely hope there are better people of the Seneca Nation than those of you commenting here.
WNYMind 18 Jul 2008, 19:40
$2 million for a lawsuit against a casino. Over $1 million for the Frank
Lloyd Wright House. $500K for a new elephant barn. Peanuts for the poor and
poor neighborhoods in Buffalo. A Wendt Foundation run with no conscience.
Priceless. It looks like the Seneca give more to the poor in Buffalo than Wendt. Maybe Wendt is trying to keep the real charity (the Seneca) out of Buffalo so they can go along with Business as usual. As for Jackson and Rose. The Wendt trustees will eventually no longer have a use for them. They should not forget their scripture, the thirteenth scroll: "And Proteus brought the upright beast into the garden and chained him to a tree and the children did make sport of him."
Rocco Russo 18 Jul 2008, 21:19
WNYMind: Complain all you want about the Wendy Foundation and Mr. Rose.
The real shame is that it was necessary to spend that much money, and it
had to come from somewhere, to fight the 800 lb. gorilla that is the Seneca
Nation and their deep pockets and army of lawyers and lobbyists. That
money was necessary to uphold the law. The law of the SNSA.
Luis Clay 19 Jul 2008, 19:55
Well I had thought that delusional WNYMind had gone right off his rocker
after the last baboonery buffoonery but here he is back like a stuck record
whining and complaining about the Wendt Foundation's use of funds. Just like a criminal lawyer defending a rapist by denigrating the victim. It really does not matter how much hateful name-calling drivel he and Lloyd A. Marshall, Jr spit out. As long as the Mayr Brown and County Executive Collins understand that casinos are losing propositions for economic development in the City of Buffalo all will be well. Those whining about the lack of jobs simply are not reading the newspapers or getting up off their chairs. If my daughter can find a summer job at her third attempt so can the whiners. Significant job development across upstate NY rests on the elimination of unproductive layers of government and a significant reduction of corporate taxes. Casinos are simply taxes on the tourists, the desperate and the undisciplined. In Canada the proceeds are ploughed into the city if NF for all to see. In NF and Salamanca, the proceeds are where exactly? The bottom line is that the SGC is a 1 billion-dollar enterprise seeking to pay out $35 million in salaries. Nice and predictable odds as always at the Casino.
rdtoledo com 19 Jul 2008, 20:30
ALL I WANT TO SAY IS I KNOW THE PEOPLE IN THE AREA. WHAT THEY TOLD ME IS
"WE NEED JOBS"
WNYMind 20 Jul 2008, 12:16
If you read the papers, the Wendt Foundation is, and has always been, at
the center of this whole anti-casino movement. The headline in the Buffalo
News read "Wendt in middle of casino battle". I still can't understand what motivated the Wendt trustees. They are simply out of touch with reality. There should be a competency hearing for each of them. I think they are nut jobs. At the very least, they have lost touch with the mission of the foundation they are entrusted with (i.e. the tax exempt money they manage for the doner, Margaret Wendt). There is not reason to believe that she wanted her donation to help the poor to be used for a very public legal battle with the Seneca. Her money is supposed to go to the poor, not Lawyers. But I think the degree to which the trustees are out of touch with reality goes far beyond their ignorance to the purpose to the Wendt Foundation. They are blind to the realities of Buffalo's economic tailspin. Their insanity has gone to the extreme of attempting to destroy the only real economic development project in the city. The Seneca were actually putting shovels to the ground and bringing real jobs to the area for area residents. No temporary jobs to hire outside firms to do roadwork, not McDonalds jobs, etc... The Seneca actually offer permanent, living wage jobs with benefits. This doesn't happen in Buffalo. The only other jobs with these characteristics are government jobs (which Buffalo has too many of) and similar jobs in industries that left Buffalo long ago for places where the cost of doing business is not prohibitive. Are the Wendt trustees counting on Issa to flip some more property in Buffalo? Are the still waiting for Bass Pro to come and hire a handful of people at minimum wage to sell fishing tackle (provided the city and county flip the bill for all the construction costs)? Are they waiting for a unicorn to fly out of the sky and spay happy dust out of its butt? Wake up Wendt trustees. Buffalo is a dying city lying in the ICU on life support. You are putting a pillow over its face and finishing the job that decades of horrible decision have done. Go ahead and pat yourselves on the back for jacking up the Seneca. I have a suggestion for what you can do with the rest of Ms. Wendt's money. Give every unemployed person, every poor child, every young adult with no hope in Buffalo a one way ticket to the city of their choice with jobs and opportunities. Throw in money for new work cloths and a few months rent, etc... Just to get them off to a good start. That will exhaust the Wendt Foundation's funds in a couple weeks. Then take the $150k each of the trustees get for the 2 hours of work they do a week. Use that money to dig a whole, and then jump in it. And that completes my final report until we reach touchdown. We're now on full automatic, in the hands of the courts. .... That's about it. Tell me, though. Does the Wendt Foundation, that marvel of Buffalo, that glorious paradox who sent attacks the Seneca, still make war against his brother? Keep his neighbor's children starving?
inquiring 21 Jul 2008, 06:53
I believe that the Seneca's are always going to stuggle no matter what.
Wether it be for casino's or tax-free business. I can only hope the
casino's will continue so I can die in peace knowing my children are secure
and won't have to fight the battles that my ancestors have and now me. How
long does this have to go on? Can't the CBB or Wendt Foundation find
something more serious to fight, like child abuse or meth labs or animal
cruelty or something like that? Honor Indian Treaties. The judge swore to
uhold the treaties when he took office. Maybe that is why the casino
hasn't closed yet?
WNYMind 21 Jul 2008, 16:58
The Wendt Foundation's decision to spend $2 million on a lobbying effort
against the Seneca, apparently with no grant application and review
process, raises important questions about fairness of the foundation's
grant review process. If you have applied for funding from the Wendt
Foundation and feel that your grant proposal was not treated the same way
as CBB, you should contact the NY State Attorney General's Office and file
a complaint. Here is the contact information: New York State Office of the Attorney General Andrew M. Cuomo Charities Bureau 120 Broadway, 3rd Floor New York, New York 10271 (212) 416-8400 (phone) (212) 416-8393 (fax) The Wendt Foundation has never verified that their grant process was followed when CBB was given $2 million. According to the Wendt Foundation, CBB would have had to include the following in its application: 1) statement of problem project will address 2) copy of IRS Determination Letter 3) listing of board of directors, trustees, officers and other key people and their affiliations 4) detailed description of project and amount of funding requested 5)the last 3 years' audited financial statements with above information. I'd like to see the CBB's audited financial statements for the last three years, and so would the Attorney General of NY State. In essence, the Wendt trustees knowingly and intentionally ignored their funding rules and violated the law when they diverted $2 million to their lobbying effort and their lawyers. That's clearly unethical and potentially a violation of civil and criminal law.
illegal but..... 22 Jul 2008, 12:51
interesting that judge did not send in US Marshalls to close casino
immediately and has set a hearing for August 21 2008. Looks like a long
fight....nothing like wasting $$$ on lawsuits featurinig United Stats
Government vs United States Government....way to go Wendt foundation
inquiring 23 Jul 2008, 11:47
Here are some facts: This aggregate "business" employs 6311 full-time
workers in several WNY counties, up from 5200 in 2005. they received
salaries totaling $191.3 mill in 2007.This makes the SNI the region's 6
largest employer. The economy produced an estimated off-reservationGDP of
$779 mill inWNY region and$820 mill statewide. Purchases and services
resulted in $46 Mill. in estimated sales and excise tax revenue for the
state in 2007. In 2007 NY governments collected $166.1 mill in direct
payments and sales and excise tax as a result of Nation commerce. This
includes $109.7 mill. from slot revenues and $10.4 mill for gaming admin.
costs. This total already approximates the 2008-09 state budget estimate
for tax collection from Indian nations. Niagara County received direct payments of $27.4 mill in 2007. Thse payments dwarf the combined tax yield from the land used for Nation enterpriises in NF of $13,000 a year, and casino related costs of $300000 estimated by the county. To get a sense of the Nation's economy in context, at $1.1 billion it dwarfs the Buffalo Sabres ($90 million), the Buffalo Bills ($144 million) and approaches the University at Buffalo ($1.56 billion). In May 2007 the Niagara County Tourism Convention Corp pres. said room nights were up 14.4 percent from the previous year and in May were the highest in years. I'd say this was exellent information!
Rocco Russo 23 Jul 2008, 12:58
I'm not questioning that there can be benefits of a casino. The claims of
economic development in the surrounding community is debatable. I'm sure
having the casino in NF doesn't hurt, but that is a unique location. It is
a world wonder that has drawn tourists for decades, long before a casino
was there. If having a casino there helps increase tourism, great. But no
one here who clearly supports a Buffalo casino has had the guts to argue
the pros AND cons. Citing the numbers is all well and good, but at what
cost? The off-reservation benefits must be put into context according to
the cost. That cost equates to the Seneca's profits, among many others.
And exactly how are those numbers directly linked to just the casino? How
is that measureable? If anything, I can see a synergistic relationship
between the casino and surrounding businesses in NF. I doubt that it can
wholely be attributed to the casino. I've stated that I'll be in NF in
august (for the first time in years). I'm going for a wedding; otherwise I
have no interest in ever being in NF. But I will try to take notice of the
city, and specifically the area around the casino. I'm basically a
tourist. I don't know the area as a local. I'll see what an out-of-towner
sees. And I'll come back and comment on if I think the area is a booming
entertainment district. I highly doubt it. Also, regardless of where the money came from, it was a justified legal action. One that started in January of 2006 I believe? Long before the Senecas broke ground or put anyone to work building a casino in Buffalo. They knew the risks in moving forward. You need to separate your problem with the Wendt Foundation from the illegality of operating gaming on that land. Should we be expected to change our laws, laws that the Senecas agreed to, just for the sake of opportunity of progress or economic development? There are other considerations, and no guarantees. Starving children? Someone said Seneca children are actually overfed. So which is it? Are you destitute and that desparate to steal the "white man's" money that a casino is your only hope? If so I pity you.
inquiring 23 Jul 2008, 13:27
I never said our children are starving, I stated they are over fed. It may
have been WNYMind who said something about starving children. You are
confusing me and this person. I may have mentioned Wendt could put their
money to more serious causes but that was it. I have been all along trying
to get some other "bloggers" to see the Pro's of the casino, but I just am
not doing a good enough job I suppose. These numbers must not mean
anything to you because you are a "neighbor" of NF and do not wish to visit
so why are you arguing that WE aren't helping our neighbors if YOU don't
even want to? There will never be a good enough answer for you im afraid.
WNYMind 23 Jul 2008, 15:16
This is so cool, the Seneca are petitioning to have the case CBB filed
against them moved to the NIGC. No doubt Judge Skretny will have to yield
to the NIGC or create a real constitutional crisis at the federal level of
government. That means the Wendt Foundation will have to get their check
book out and fork over another $2 million to keep this bogus lawsuit going.
Either way, the currupt trustees of the foundation (and their lawyers and
Bruce Jackson) have egg all over their faces. Ha Ha Ha Ha, this is great. Remember,if you have applied for funding from the Wendt Foundation and feel that your grant proposal was not treated the same way as CBB, you should contact the NY State Attorney General's Office and file a complaint. Here is the contact information again: New York State Office of the Attorney General Andrew M. Cuomo Charities Bureau 120 Broadway, 3rd Floor New York, New York 10271 (212) 416-8400 (phone) (212) 416-8393 (fax) The Wendt Foundation still has not verified that their grant process was followed when CBB was given $2 million. According to the Wendt Foundation, CBB would have had to include the following in its application: 1) statement of problem project will address 2) copy of IRS Determination Letter 3) listing of board of directors, trustees, officers and other key people and their affiliations 4) detailed description of project and amount of funding requested 5)the last 3 years' audited financial statements with above information. The Trustees and Mr. Rose need to produce the CBB's audited financial statements for the last three years or risk civil and criminal charges. I assume they will be going through the application process to finance the next (and bigger $$$) round of law suits. And that completes my latest report until we reach touchdown. We're now on full automatic, in the hands of the NIGC. .... That's about it. Tell me, though. Does the Wendt Foundation, that marvel of Buffalo, that glorious paradox who sent attacks the Seneca, still make war against his brother? Keep his neighbor's children starving? (PS for R Rocco's information this closing line is a paraphrase of a famous quote, and the starving children I am referring to are all over WNY, some are starved for food, others for liberation).
Lloyd A. Marshall, Jr.
11 Aug 2008, 18:38
Apparently, in a recent Niagara Falls Reporter column, the anti-casino
movment(namely the Wendt Foundation) got itself shown as a bunch of elitist
opportunists. Yet another hole in the Wendt Foundation/anti-casino balloon. Leave a Comment:
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