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Casino Chronicles

The House Plays Two Cards

Another bite of the apple and swiftboating Margaret L. Wendt

The Seneca Nation of Indians’ battle against opponents of their downtown casino was fought in two courts this past week—one a court of law, the other the court of public opinion.

The lawsuit against the downtown casino has been coordinated on behalf of a large group of individuals and citizens’ organizations by Citizens for Better Buffalo. Many individuals and some organizations contributed to the costs of the lawsuit, but the bulk of the funding has been provided by the Margaret L. Wendt Foundation. The defendants were officials of the US Department of the Interior and the National Indian Gaming Commission (NIGC); they have been represented in court by the US Department of Justice. The Senecas have also received extensive legal advice from their own attorneys.

US District Court Judge William M. Skretny ruled on July 8 that gambling in the small blue slot machine emporium now operating on the Seneca Gaming Corporation’s Michigan Avenue site and the much larger casino now in its earliest stages of construction was illegal. The ruling from the NIGC that Senecas could gamble on that land had, the judge said, been issued incorrectly. The NIGC hadn’t read the appropriate passages of the Indian Gaming Regulatory Act of 1988 (IGRA) and the Seneca Nation Settlement Act of 1990 (SNSA) correctly.

The following week, after the NIGC refused to say whether or not it was going to act on the judge’s ruling and Seneca Gaming Corporation officials said the ruling changed nothing for them so they were going to continue doing “business as usual,” attorneys for casino opponents filed a motion in Judge Skretny’s court asking him to order the NIGC to shut the Buffalo operation down and, if the NIGC continued stonewalling, to order the US marshals to do the job.

In all of this, the Seneca Nation of Indians and the Seneca Gaming Corporation were the silent defendants. Neither SNI nor SGC was named in the lawsuit. SNI was allowed by the judge to file an amicus brief, but the Nation’s involvement gets no closer than that. Their attorneys could not argue the case in court. They cannot appeal the judge’s decision. If there is to be an appeal, it must be filed by the US Department of Justice in the Second Circuit Court of Appeals, which is based in New York City.

A third bite of the apple

But SNI and its lawyers have come up with a gambit they hope will spare them the necessity (and risk) of going to the Second Circuit at all. They want, essentially, to begin the process of determining gambling eligibility anew, as if the judge had never said they were running an illegal gambling operation in downtown Buffalo, as if he hadn’t once sent the ordinance (the authorization to conduct a gambling operation) back to NIGC for serious (rather than epidermal) evaluation, and then, when NIGC refused to take him seriously, hadn’t then voided the ordinance entirely. They want, in other words, to be exempted from the judicial process by having a third bite of the apple offered them by NIGC.

This legal gambit began with a July 16 letter from Maurice Johns, Sr., president of the SNI, to NIGC chairman Philip Hogen. There had been some changes in Department of the Interior regulations about gambling on Indian lands, Johns wrote. Moreover, he said, the Seneca Nation thinks Judge Skretny’s order vacating the NIGC ordinance is reversible on several grounds. On the basis of those regulation changes and the Nation’s evaluation of Judge Skretny’s legal opinion, he asked NIGC to once again consider the Senecas’ application for an ordinance that would let them run a gambling operation in downtown Buffalo.

Six days later, on July 22, the Department of Justice, acting on behalf of NIGC, filed a motion in Judge Skretny’s court asking the judge to remand, or take back, his July 8 decision vacating the prior ordinance from NIGC—the legal opinion that made the Senecas’ gambling operation illegal. Their motion was accompanied by eight amicus documents from various SNI attorneys.

The Department of Justice was, basically, asking the judge to agree with SNI and NIGC that the new Department of Interior rules and the judge’s own errors in reading and interpreting the law carried enough combined weight and substance to render his July 8 decision meaningless.

In the event that the judge went for any of this, the remand would prevent the shutdown requested by the plaintiffs and obviate any need for the Department of Justice to appeal Judge Skretny’s ruling in the Second Circuit. It would almost be as if none the of legal actions in federal court had ever taken place.

But Judge Skretny’s July 8 decision was not based on regulations of or interpretations by of the Department of the Interior. Judge Skretny relied on two acts of Congress: IGRA, which specified which types of Indian land could host gambling operations, and SNSA, which compensated the Seneca Nation of Indians for years of underpayments by lessees of SNI land. The land the Seneca Nation of Indians bought in Buffalo, a small fraction of which was paid for with funds from SNSA, was not, the judge held, the kind of land defined as gambling-eligible in IGRA. It was Indian country under the Congressional definition of Indian country, but it was not the kind of Indian country on which a tribe or nation could set up a Class III gambling operation. SNSA defined what kind of land it was and IGRA determined whether or not gambling could occur on it. Nothing the Department of the Interior does—no change in rules and no change in procedure—can undo or alter those two acts of Congress.

What is more likely to happen is the judge will tell the Department of Justice that its interpretation of the minor rule changes at Interior aren’t sufficient to shoehorn the Senecas’ Buffalo property into the kind of property that is gambling eligible. He probably won’t comment on Maurice Johns’ report of the Nation’s evaluation of his legal abilities and acumen.

He has already announced that he expects the Department of Justice response to the plaintiffs’ motion to close the casino delivered to him by August 1, the plaintiffs’ reply to that response delivered by August 12, and that he will hear oral arguments on August 21. It is likely that his ruling on that issue will come fairly soon after the oral arguments.

The best justice that money can buy

Once he decides the motions before him, the process of appeals will begin. However he rules, the losing side is likely to appeal. That appellate process, like the legal process that has taken place thus far, will be expensive. The American legal system is designed to determine the facts and to render justice, but much of the time the side with the most money has the best chance of getting its facts heard and its version of justice delivered at the end. Sometimes you get the justice you deserve; just as or more often you get the justice you can afford.

The Senecas and their representatives in the NIGC have two sets of lawyers—the Senecas’ attorneys, paid for out of gambling profits, and the US Department of Justice. The forces trying to establish a gambling operation in Buffalo have, as they say, very deep pockets.

The plaintiffs are almost entirely dependent on support from the Margaret L. Wendt Foundation, whose investment in the case is now approaching $2 million. Without Wendt, the individuals and citizens trying to keep a gambling operation out of downtown Buffalo couldn’t possibly have afforded to have stayed in the game this far, let alone continue into the appellate round. Ordinary citizens cannot take on legal battles of this magnitude without help.

The Margaret L. Wendt Foundation, Buffalo’s second largest foundation, has, since its inception in 1955, given $61 million to improve the quality of life in the Buffalo area. The three Wendt trustees decided two years ago that the quality of life in Buffalo would be so degraded by a downtown casino they were obligated to help the individuals and organizations trying to mount a legal battle to keep that casino from ever becoming a reality. It has thus far spent nearly $2 million in the casino litigation and it is prepared to fund the appellate work.

Swiftboating Wendt

Which perhaps explains the recent attacks on the Margaret L. Wendt Foundation. The foundation and its individual directors have been attacked by bloggers and by talk radio hosts. WGRZ reporter Scott Brown noted the foundation’s support of the lawsuit and asked, “Is that a proper use of the foundation’s assets?”, a question he had never previously aired about any activity by any other Buffalo foundation.

The BuffaloPundit blog, anti-casino in the past, came out against the Wendt foundation on July 13. It’s posting for that day was headlined,“Margaret Went Foundation.” Under that was a pretty color picture of a casino at night with “Keeps Joel Rose” in the top left corner and “Up at night” in the bottom right corner. The remainder of the posting was a listing of fundable activities and grant recipients from the Wendt Foundation Web page and an attack on the foundation for its support of the lawsuit. On July 22 the site posted a photograph of Serbian war criminal Radovan Karadzic under a caption saying, “Here’s what the Butcher of Sarajevo looks like nowadays.” Under the picture was a caption saying, “Rumor has it the Wendt Foundation is paying him $1,000,000 to fight a casino in downtown Buffalo.”

Perhaps the most surprising attack on the foundation was Michael Beebe’s July 20 article in the Buffalo News, which begins innocently enough with a listing of some Wendt grantees: Buffalo Philharmonic Orchestra, Shea’s Performing Arts Center in Buffalo, Frank Lloyd Wright’s Darwin Martin House and Graycliff, the Roycroft campus in East Aurora, the Buffalo Niagara Medical Campus. The foundation has funded, writes Beebe, “hundreds of social programs through churches, the YMCA, the Boys and Girls Club, the Boy Scouts of America and the United Way. In each of the thousands of Wendt grants over the years, the philosophy has been the same: step in when government or other means of funding are not there, and do it as low-key as possible.”

Then Beebe’s tone changes: “Suddenly, though, the Margaret L. Wendt Foundation finds itself at the center of controversy.”

How, exactly, is the Wendt Foundation in the “center of controversy”? Primarily by being in this article written by Beebe, which is headlined “Wendt in the middle of casino battle: Foundation aids foes with $1.9 million.” This is a newspaper article that defines and creates its own subject, a journalistic tautology.

Who is making the charges occasioning the article? Beebe refers to them only generically: “Talk-show hosts and bloggers have criticized the foundation for the $1.9 million it has spent so far funding the lawsuit against the Seneca Nation of Indians’ Buffalo Creek Casino in Buffalo.”

Talk-show hosts? Which ones? The rational ones or the fruitcakes? The analyzers or the frothers? Since when is criticism by a talk-show host the subject of a long piece by anybody in the news section of the Buffalo News? A dozen of those criticisms are aired on Buffalo talk radio every day and the News pays them no attention at all. Why now? Beebe told me in an email that he’d “heard snippets of Sandy Beach’s show…the day the casino decision came down” and that many of the blog comments he’d seen referred to “the same July 8 Sandy Beach show, in which they said he demonized the opposition.” The Buffalo News is going after the Margaret L. Wendt Foundation because Sandy Beach kvetched about it?

Bloggers? Beebe names none of them. Search the Buffalo blogs and you’ll find a lot of comments on the casino litigation (much of it by the same few people writing the same letters again and again), but hardly any, other than BuffaloPundit, going after the Wendt Foundation.

“The Senecas,” Beebe writes, “not a part of the suit, have paid for their own attorneys as a friend of the court.”

That sentence floats in the article; it gets no clarification or explanation. Does he mean to suggest that they’re generous and friendly in this matter? Nonsense: The Senecas aren’t reaching into their pockets to underwrite legal fees just because they think the court needs help. The case the court is considering is about the legality of their casino. The money they’re paying the lawyers is money they took out of Buffalo, Niagara Falls, and Salamanca with their slot machines. Beebe’s sentence is perfectly correct in all its facts and perfectly misleading in all its implications.

He goes on: “Wendt trustees have been scorned as elitist, taking it upon themselves to protect the poor against the ills of gambling, critics say. They’ve been accused of depriving the area of jobs that a $333 million casino and hotel would bring, of putting a crimp in an already struggling local economy.”

Who has made all these accusations? Who are these “critics”? Since when does the Buffalo News publish unsupported, anonymous accusations attacking a local foundation that has never been accused of doing anything but good and working for the community’s interest?

Worse: Why does Beebe quote only one side of the casino argument? If he’s going to list these charges against casino critics, why doesn’t he also quote sources who note that most of the $333 million is money that would come out of the community and would be diverted from other community needs, and that the $333 million would be spent to create an operation the entire function of which would be to extract more money from the community?

Michael Beebe is one of the Buffalo News’ best reporters. His pieces are usually well written, straightforward, accurate, and fair. What happened this time? Was it just a bad day? Was he handed the elements of the story and told, “Write this up?” Whatever the cause, something went awry.

There are several responses to Beebe’s article on the Buffalo News Web site. Some have to do with the procedure for applications specified on the Wendt Foundation Web site. The posters question whether or not the trustees followed that procedure in the casino funding case. Exactly the same questions have been posted on the Artvoice Web site and the Speakupwny Web site. Some of the questions are by the same person hitting all the bases, like a dog walking down a street with a lot of trees along the curb; some appear under different names. All the procedural questions ignore or miss a basic point: Those procedures are for organizations coming to the Wendt Foundation with requests for money. They have nothing to do with initiatives developed by foundation itself or worked out by foundation in conjunction with other organizations. There is nothing in the bequest about the method of giving the money away; Margaret L. Wendt left that to the three trustees. The underwriting of the anti-casino lawsuit was perfectly legal and perfectly in accordance with the bequest.

Coincidence or design?

Is all of this—Scott Brown’s WGRZ story (which has no ascriptions), Michael Beebe’s Buffalo News story (which has no ascriptions), the blog posts (nearly all of them under assumed names, many of them using the same language to make the same bogus charges again and again)—mere coincidence or is it a concerted effort to put public pressure on the one significant source of funding open to the casino opponents? Is it an expression of community concern or is it, at least in part, organized and deliberate? Is it swiftboating?

The most workable definition of “swiftboating” I’ve found is on the Urban Dictionary Web site: “A political ploy whereby allegations, falsehoods, exaggerations, or distortions are publicized to discredit a person or entity and have the intended effect that public attention is drawn to the ensuing controversy about the veracity of the allegations and away from some other political embarrassment.”

That fits.

What does it take to do that kind of swiftboating? Nobody has to exercise editorial control over any of these print and digital publications to set things in motion. It takes only a few conversations, a phone call, a question here or there. It takes only one or two articles with loaded headlines citing anonymous sources making baseless charges and presenting only one side of a complex social and economic issue—and poof! The whole thing takes on a life of its own.

There’s a trial lawyer’s maxim that goes, “If the law is on your side, argue the law. If the facts are on your side, argue the facts. If neither the law nor the facts are on your side, attack the character of the witness.” Another version is: “When the law is on your side, pound the law. When the facts are on your side, pound the facts. When neither the law nor the facts are on your side, pound your opponent.”

The casino operators and their enablers lost in court. If Judge Skretny’s July 8 opinion is as solid as most observers say it is, they’re likely to lose on appeal. This suggests they have neither the law nor the facts on their side. Little surprise, then, that the Margaret L. Wendt Foundation is the target of an undeserved pounding.

Bruce Jackson teaches at UB and edits the Web journal Buffalo Report.


Reader Comments


Luis Clay
23 Jul 2008, 18:38
Bruce, great article as always but you continue to subscribe to the quaint notion that the Buffalo News actually writes about news i.e. things that have happened. Did you yourself not write years ago that the Buffalo News had gone AWOL?

Most of today's media are organs for selling advertisements to readers. News does not accomplish this objective but sensationalism, true or false, does. It seems to me that more advertisements in the Buffalo News are paid for by the Senecas than any other advertiser. So you could say that the Buffalo News is owned by Buffett and funded in large part by the Senecas. Everybody knows that if it was not in a monopoly situation the Buffalo News would go out of business within a month.

So why would anybody expect to read objective copy about the Buffalo Creek Casino in the Buffalo News? I think most people in this town count on you for that service.

Keep it up!

Joel Rose
23 Jul 2008, 19:37
Luis,

I generally agree with your comments, but here I must take minor exception.

In fairness to the Buffalo News and its owner, Warren Buffet is opposed to casino gambling. He helped (in a small way, given his wealth) to fund the gambling opposition in Nebraska, where he lives. He also did a nice interview with Tom Grey, who was at that time the Executive Director of the National Coalition Against Gambling Expansion.

But I think it's fair to say that he views his newspaper holdings as businesses, not as instruments of his positions on issues. He lets the local editors pretty much do what they want. My impression is that the News editors more-or-less let the reporters do what they want as well, which perhaps partially explains why some are so good and some are so poor.

Regarding BuffaloPundit's piece, it left me scratching my head. Does anybody have a clue what "keeps Joel Rose" refers to? It's way too subtle for me. If I'm being accused of something, it would be nice to know what it is.

BuffaloPundit appears deeply troubled by the use of $2 million for purposes other than obvious charities, but he is most definitely not concerned about the $200 million or so per year that a full-scale casino would extract from the local economy. That's almost twice the load of the extra 1% sales tax. Remember that big furor?

Just so we're all clear, I am not going to engage in any dialogue with anyone whose contribution to the discussion is to accuse the Wendt Trustees of criminality, or to note the resemblance of me to various animals (actually, I like all animals, so that's really okay), or to issue various threats to all and sundry. I'll leave that to folks with way more patience than I have.

Best wishes to all who want to make this truly a city of good neighbors.

WNYMind
23 Jul 2008, 23:35
"The three Wendt trustees decided two years ago that the quality of life in Buffalo would be so degraded by a downtown casino"

This decision was based on ZERO. Present your Data to the public.

Swiftboating, Bruce Jackson is good at that. He, the Wendt trustees and Rose coordinated this latest fairy tail and now they are trying to discredit anyone who questions the $2 million tax exempt, bogus lawsuit.

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.

Yes, the CBB, the fake organization they created to suck the Wendt portfollio dry.

That's about it. Tell me, though. Does the Wendt Foundation, that marvel of Buffalo, that glorious paradox who attack the Seneca, still make war against his brother? Keep his neighbor's children starving?

enough
24 Jul 2008, 10:25
Yes, I too would say Good ol' Bruce Jackson is Swiftboating himself!

If Seneca's were to give up the casino, Is the government willing to give back what it took from them?

I doubt it.

WNYMind
24 Jul 2008, 10:29
Bruce Jackson’s latest “article” in Artvoice is truly revealing. It is reminiscent of how the Bush administration tricked the American people into the Iraq War. In essence, what the Wendt Foundation has done (with the help of their minister of propaganda, Bruce Jackson) is argue that the boogieman is coming to destroy Buffalo. Their boogieman is a casino (Bush’s was WMD).

Of course, Wendt deliberately ignored all the facts in order to make a case to go to war with the Seneca. It was Bush-like in how they went about this. They decided to go to war against the Seneca and then manufactured a story to make their war happen. The Wendt trustees bankrolled the war with money earmarked for the poor in Buffalo. The Wendt trustees said that you are either with them or against them. They had their minister of propaganda discredit and question the patriotism of any who raised legitimate questions about their war. Most obscenely, the Wendt trustees created a phony organization to hide behind call CBB. And, they ignored the used the war against the Seneca to detract from the real issues the poor face in Buffalo. All of this was done out of selfish motives. Unfortunately, Bush stuck tricked us using these tactics before. But, as the saying goes, “fool me once, shame on you; fool me twice, shame on me.”

I continue to ask why the Wendt trustees pursue this mistake. We know Wendt spends most of its money on cultural attractions like the Frank Lloyd Wright house and the Buffalo Zoo. In contrast to these cash cows, Wendt gives crumbs to organizations that directly aid the poor in Buffalo. So, the argument that a casino would overwhelm them with new causes to fund is bogus. Wendt has ignored the poor for decades in Buffalo; a few new applications would be as easily ignored. Besides, the Seneca have already shown that they will actually give money to organizations in the community that aid the poor. So, any new need would be addressed by the Seneca. I guess the Wendt trustees are simply jealous or don’t want to share the spotlight with the Seneca.

Someone once said that “too often cruelty is rewarded with power in this world.” But, we must continue to oppose the Wendt Foundation and their hired henchmen from stealing jobs from Buffalo. The truth is, a Buffalo without a Wendt Foundation would be no worst off, but a Buffalo without the Seneca would be a lesser place.

The audacity of the Wendt Foundation is beyond comprehension. The Wendt trustees, Bruce Jackson, and Joel Rose made the ultimate mistake. These individuals (5 in total) tried to pull the wool over the eyes of the community. Their biggest mistake was that they assumed that the people of Buffalo were stupid, inept, and complacent. They were wrong, and now everyone sees them for what they are, scoundrels.

It is time for the Wendt trustees to step down, reorganize the governance of the Wendt Foundation, and return the $2 million they squandered to the poor who were supposed to receive the funds in the first place.

Power to the People!

John Q Blogger
24 Jul 2008, 11:14
The ultimate mistake is going along with those who aid and abet the theft of money from this community and redistributing it into the coffers of NY State and the Seneca Gambling Corporation. A nickel and a dime from every dollar exported out of Buffalo is a hair brained deal.

The WNY Carl Rove Award for twisting the truth goes to:

WNYMind


Get wisdow from men of character and critical thinking not from the propaganda of gambling shills. This Nation and City was not built by the expansion of vice but by savings and hard work.

"It is the child of avarice, the brother of iniquity, and the father of mischief." -GEORGE WASHINGTON




BuffaloPundit
24 Jul 2008, 12:34
For those who might be interested, my response to this misguided rant is here: <a href="http://buffalopundit.wnymedia.net/blogs/archives/6771">http://buff alopundit.wnymedia.net/blogs/archives/6771</a>

inquiring
24 Jul 2008, 12:49
Beware of those who admire George Washington, he was a murder and thief.

Rocco Russo
24 Jul 2008, 12:50
Yet again I am almost speechless at WNYMind's one track mind and complete inability to see reason. I have to think it likely that the Senecas were spending money they took from our community to lobby Washington for a new set of rules. I can guarantee you this: if I were a multi-millionaire, I'd have gladly funded the lawsuit against this casino myself. I can only say thank you to the Wendt Foundation for doing the right thing in helping to protect our community. Then again, a casino has done so much to improve Niagara Falls, I just may move up there.

mark
24 Jul 2008, 13:26
rocco-

why do you think is it the sole responsibilty of the Seneca Falls Casino to improve Niagara Falls. ..other people/businesses need to take a risk as well (at least they can get gov't funds)....WNY'ers need to learn to be more creative and proactive in ideas... not to be reactive and believe that they are entitled

Rocco Russo
24 Jul 2008, 15:44
Mark,

I don't think it is the sole responsibility of the Senecas and their NF casino to improve the city. I've never said that. My question is this: If the economic benefits of a casino are so great and so apparent, why isn't the American NF more like the Canadian NF? Maybe that's not quite what we want on our side, but where is all this economic development a casino supposedly spurs? I don't see how anything I've commented on would imply that I think we're entitled to anything. I am perfectly happy with WNY the way it is. I don't think the pros of a casino outweight the cons. That is my deciding factor is opposing the Buffalo casino. It's nothing against the Senecas, or "progress", or job creation. In my evaluation the cons are greater than the pros. It's as simple as that. Oh, and that as the law stands (until the Senecas lobby for more changes), it is ILLEGAL to operate gaming on that land.

Mark, you're "swiftboating" as well. You're taking the focus off the casino and questioning the shortcomings of WNY, which has been ongoing for decades. They are exclusive and should be discussed as such.

WNYMind
24 Jul 2008, 16:12
Bruce Jackson is off his rocker and paranoid. Only in the warped minds of Jackson, Rose, and the Wendt trustees would this junk emerge. When they all get together at Spot Coffee to strategize against the Seneca and regular people in Buffalo, this it what they come up with. I guess they are getting nervous.

Too bad Artvoice has no editorial control over the stuff it publishes. Artvoice is just a tool of the Wendt minister of propaganda and a few (five to be precise) insulated elites of Buffalo. Jackson, Rose and the three Wendt trustees need to get there sick minds examined.

For Artvoice to continue to give these clowns, baboons, whatever you'd like to label them an outlet is suspect at this point. Is it that nobody else writes for the free newspaper. Or, is the Wendt Foundation paying them off too?

It is time for the Wendt trustees to step down, reorganize the governance of the Wendt Foundation, and return the $2 million they squandered to the poor who were supposed to receive the funds in the first place.

The audacity of the Wendt Foundation!!!!

Does the Wendt Foundation, that marvel of Buffalo, that glorious paradox who attack the Seneca, still make war against his brother? Keep his neighbor's children starving?

Rocco Russo
24 Jul 2008, 16:25
The conspiracy theories are really starting to make me laugh.

mark
24 Jul 2008, 16:43
I don't belive i'm "swiftboating". I don't recall mentioning any economic benefits.... I know the casino wouldn't bring Buf back to life on its own. If anyone does believe that than they believe in Santa Claus. It would just be another option for individuals to do what they want to do w/ their own time and own money. Spare me about the cons about the casino (crime, losing money ,etc). People need to know their own limits regarding gambling. IT IS CALLED RESPONSIBILITY. Let me just remind you I'm neither for or against the casino being built..

mark
24 Jul 2008, 16:51
correct me if I'm wrong but didn't you state " Then again, a casino has done so much to improve Niagara Falls, I just may move up there."
I don't belive i'm "swiftboating". I don't recall mentioning any economic benefits.... I know the casino wouldn't bring Buf back to life on its own. It needs to be complimented with something. Thus private sector. If anyone does believe that than they believe in Santa Claus. It would just be another option for individuals to do what they want to do w/ their own time and own money. Spare me about the cons about the casino (crime, losing money ,etc). People need to know their own limits regarding gambling. IT IS CALLED RESPONSIBILITY. Let me just remind you I'm neither for or against the casino being built..

Rocco Russo
24 Jul 2008, 16:55
Mark,

While I couldn't agree more with you that people need to become more responsible, the realistic perspective is that's not going to happen anytime soon. If anything, we're growing dumber as a society. (My theory is that more uneducated, less afluent people are having more kids than the educated, afluent ones, and as a whole we are getting stupider.) So I think dropping a casino in a poor, uneducated city (and yes, Buffalo is poor and uneducated) is a bad idea. The Lotto is just another option for individuals to do what they want with their own time and money. Look how that's working out for the poor areas of the city.

My appologies if I've mistakenly recalled you discussing economic benefits. I'm not sure what other reasons you supporters have given. Other than "free will", "the marketplace", etc. Like I've said: Why don't we open up crack houses on every corner and let people decide if they want to use crack. It's their free will. Who cares about the consequences? While we're at it, let's hand out guns to everyone too. They can decide whether to use them or not. I know, apples and oranges. Free will and the pursuit of your self-interests only applies to things WNYMind and Mr. Marshall approve of.

Chris Smith
24 Jul 2008, 17:12
Bruce Jackson, The Wendt Foundation, and Harrah's Casino

Did you know that the Wendt Foundation made $2MM from the sale of common stock in Harrah's Casino last year?

Did you know that Bruce Jackson's kids were among the lead attorneys for the Wendt Foundation's lawsuit fighting the NIGC Casino?

You do now.

http://wnymedia.net/news/index.php?option=com_content&task=view&id=1538&Ite mid=249

Again
24 Jul 2008, 17:21
High powered D.C.law firms, New York State Governors, The State Legislature, City Mayors, City Governments, County Governments, The Department of Interior, The Department of Justice and The President of the United States have blessed and supported these Seneca casinos from the git go. We Senecas, to our credit and maybe naively, have again put our trust in the institutions of the United States to do the right thing.
The way it looks its become a fight between new money vs old money.
Too bad the "do gooders" of the Wendt Foundation weren't around for the first Buffalo Creek Treaty or Kinzua....on second thought maybe they were.

wnywatercooler
24 Jul 2008, 17:46
my favorite part is the end "The casino operators and their enablers lost in court. If Judge Skretny’s July 8 opinion is as solid as most observers say it is, they’re likely to lose on appeal. This suggests they have neither the law nor the facts on their side." who are these observers? you hypocrite. ok fine no casino in buffalo? i'll go to hamburg,nf,fort erie, otb, any bar that has quick draw, any convenient store that has lotto. c'mon how many people are going to all of a sudden NOW decide to start gambling cause the casino is in buffalo too?

Rocco Russo
24 Jul 2008, 20:15
Again,

The problem with your statement is that my government no longer represents the interest of the public. Regardless, we each have our own opinions of the pros and cons of casinos, specifically one in downtown Buffalo. Those opinions are not the focus of the debate. The focus is the legality of gaming operations on the land in question; more specifically the land that falls under laws agreed to by your Seneca Nation. If you don't like those laws, do something other than complain about the Wendt Foundation. I don't know, maybe you can lobby Washington to change the rules. Oh wait, you already did that.

It's time the Senecas and Native Americans earn our respect by letting bygones be bygones. I DID NOT TAKE YOUR LAND. GET OVER IT ALREADY. I'm sorry your ancestors got screwed over. But maybe you could stop holding a grudge. I don't know what's worse: this or reparation debates. I didn't own slaves either. Maybe you should focus on the great opportunities this country affords everyone of us. Instead most of your Nation, at least here, insists on continuing to blame "the white man." I will not accept undue blame for your problems. If you feel casino gaming is the answer to your people's troubles, so be it. You have every right AS AFFORDED TO YOU BY THE SNSA and other American-Indian agreements to build and operate casinos in many other places. You are free to continue compounding the problem of gambling addictions that are rampant in our society. wnywatercooler said it: Lotto, OTB, Buffalo Raceway slots. There are more than ample opportunities for the poor and suckers to give their money away. I'm happy for you that through your casinos a large sum of money goes to the Seneca Nation. I hope you see part of that pie. But you will not convince me that another Indian cash cow, in my city, is a good idea.

wnywatercooler: How many people are going to all of a sudden now decide to start gambling? Well, I've asked this before: Where do you think the hundreds of millions annually the Senecas know they'll make will come from? Do you think they expect the same annual revenue to now be spread over three casinos instead of two? Of course not. They know full well they will pull additional hundreds of millions out of our citizens and communities. They can sugar coat it all they want by claims (real or not) or "giving back" to the community. A third casino is like any business opening a 2nd or 3rd location. THEY WOULDN'T DO IT IF THEY DIDN'T EXPECT TO MAKE MORE MONEY. Either way you'll have the same people gambling and losing that much more, or more people gambling and losing the same total. Or did the house stop winning?

I really don't know why I keep bothering to answer. Not one person has presented a good argument in favor of the Buffalo casino. I'm glad Bruce Jackson brought up swiftboating, because that's all I've heard so far from the supports. If it's not the Wendt Foundation it's Mr. Rose. If it's not him it's people who don't want "progress". If it's not them it's empty arguments like people already gamble. If it's not that it's "free will" and the pursuit of self-interests.

Again
24 Jul 2008, 22:22
"my government no longer represents the interest of the public" Welcome to reality. Heaven forbid if Indians play the system and win, bygones be bygones? Wait a minute is your bygone a placebo for genocide? Somehow I can't imagine a great multitude of Indians stampeding to earn your respect.

I believe "The Great White Father", Ronald Reagan was responsible for pushing casino gaming (Indian Gaming Regulatory Act) as the answer to the troubles of the American Indian.
Them darn Indians, they're still causing trouble.

WNYMind
25 Jul 2008, 00:31
Just in case people missed Chris Smith's last entry, here is the linke he provided again:

http://wnymedia.net/news/index.php?option=com_content&task=view&id=1538&Ite mid=249

I am shocked. I knew Bruce Jackson was a CBB officer (whatever that means), but his children are profiting too!!! Wow!!! And, the Wendt foundation magically has $2 million to fund their casino battle after selling Harrah's stock for the same amount.

WHERE IS THE ATTORNEY GENERAL OF NY, WHERE IS THE SEC INVESTIGATION OF THE WENDT TRUSTEES!!!! THIS WHOLE THING STINKS TO HIGH HEAVEN!!!!!

Bruce Jackson, The Wendt Foundation, and Harrah's Casino. Dirty, Dirty, Dirty!!!!


It is time for the Wendt trustees to step down, reorganize the governance of the Wendt Foundation, and return the $2 million they squandered from the poor.

Please Explain
25 Jul 2008, 01:15
"WHERE IS THE ATTORNEY GENERAL OF NY, WHERE IS THE SEC INVESTIGATION OF THE WENDT TRUSTEES!!!! THIS WHOLE THING STINKS TO HIGH HEAVEN!!!!!"

Investigate what exactly? That they made money of an industry they are fighting to keep out of Buffalo? <YAWN> That was some expose! <zzzzz>

Frank B
25 Jul 2008, 03:46
Why is a casino in Buffalo a bad deal?

In unbiased studies, it has been proven that for every dollar the government receives from a casino it ends up costing taxpayers three to five dollars for it. For example, a number of cities and towns throughout the United States that were lead to believe they’re city or town would prosper from gambling revenues found that for the two to three million dollars they were receiving, it cost them much more than they received to provide police, fire and medical services to casinos.

In addition to those costs, when a gambler files bankruptcy, commits crimes, doesn’t pay they’re bills, doesn’t feed they’re family, embezzles money from employers, files fraudulent insurance claims, steals from stores, can’t pay for they’re own legal fees, property taxes, get divorced, and etc, taxpayers end up paying they’re bills. All of us end up paying higher taxes, higher retail prices, higher insurance premiums, court costs, $60M a year to keep them in jail, thousands to support they’re families and etc. And billions of dollars are embezzled annually causing businesses to close and employees to lose they’re jobs.

In Clark County alone (Las Vegas), there have been over 10,000 gambling related suicides. For obvious reasons, the casinos and government are not keeping track of how many have committed suicide after suffering gambling loses. In Atlantic City, as well as several other gambling areas, dozens have jumped off of casino buildings and casino garages to commit suicide. In 2005, for the very first time, Nevada finally allotted $100,000 to help problem gamblers. When you consider that it costs upward to $70,000-$90,000 to treat just one problem gambler, $100,000 isn’t very much considering Nevada takes in around $12.8 billion a year. Estimates are that around ten-percent of Nevadan’s are problem gamblers.

If casinos are suppose to help revitalize an area, why is it that after nearly three decades the area surrounding the Atlantic City casinos are still slums? Last year AC casinos racked in $14.92 billion. A percentage of revenues are supposed to be spent on revitalizing the area, but haven’t been.

How about Reno, NV and Detroit, MI? When the three casinos in Detroit opened, over a dozen businesses opened near them. All of them closed due to the lack of business from casino goers, the same as in Niagara Falls. Years ago downtown Reno was a bustling area, now it isn’t. Downtown Buffalo was also a bustling area before the rapid transit ruined it.

Instead of depending on revenues from a downtown Buffalo casino and giving Brass Pro millions of dollars to open a store, our elected officials would be better off removing part of the rapid transit system to around Court Street to allow vehicle and pedestrian traffic and use the money to revitalize the area. Move tourist attractions downtown and offer credit worthy merchant’s reasonable rents. It would be nice to see Main Place Mall booming again.

If by some slim chance the Seneca’s win, which I seriously doubt they will, downtown will remain as it is and has for decades. Let’s not depend on one or two businesses for revenues, especially from one that operates tax free. We already have millions of dollars invested in the waterfront, let’s not ruin it.

Brass Pro signed two agreements to open retail outlets adjacent to casinos in Reno, NV. Not one article that I’ve read stated they were obtaining government grants. If our elected leaders would get off of they’re best intentions, revitalizing downtown Buffalo could become a reality and re-create the thousands of jobs downtown Buffalo once had, which would be much better than the thousand low-paying part-time jobs promised by the Seneca’s.

You know it as well as I do, the executives of the Seneca Casino could care less about anyone but themselves and they’re profits. Besides wanting to operate a tax-free casino in Buffalo, the Seneca’s also expressed an interest in purchasing the Maid-of-Mist boat operation in Niagara Falls NY and Niagara Falls Ontario because both sides of the river enjoy tax-free-international (water) status.

If operating a casino wasn’t so profitable, why did the casinos in PA agree to pay the state $50 million for gaming licenses, agree to pay them 55-percent of gross terminal revenues, and also agree to reimburse the PA Gaming Control Board, Pennsylvania State Police, Dept. of Revenue and Office of Attorney General millions of additional dollars to cover the cost of overseeing they’re operations.

If they are willing to shell out that much money, how much of a chance do slot players playing they’re machines have of winning? Every year the odds of winning a major slot jackpot decreases. Current odds are about the same as winning the top prize in the Mega-Millions lottery game.

Mr. Brown and Mr. Collins, how many nickels are the Seneca’s promising to give us? If PA is paying 55% and the state of Illinois collects upward to 70%, are we being offered a fair deal by the Seneca’s? I don't think so!!!

I am not affiliated with the anti-casino groups, but fully understand and support they’re stance against a Buffalo casino and wish them the Best of Luck in winning they’re lawsuits.

Frank B - Buffalo, NY

Rocco Russo
25 Jul 2008, 08:49
Thank you Frank B. I can't wait for WNYMind and Mr. Marshall to chime in with their complaints against the Wendt Foundation, etc., instead of actually answering your statements. And of course remind us of how we're starving their children.

Chaz
25 Jul 2008, 09:47
Don't trust Buffalo Pundit.

This is a guy who pays a company he owns for services out of leftover campaign funds from his failed bid for the county legislature.

http://tinyurl.com/5p2u48

Buffalopundit
25 Jul 2008, 09:56
You don't have to trust me. The facts speak for themselves.

Chaz
25 Jul 2008, 10:08
Exactly

Rocco Russo
25 Jul 2008, 10:29
Buffalopundit:

I read that article you mentioned above. Regardless of possible conflicts of interest (and I'm on the fence right now about all that, but I'm not an attorney and won't claim to have the first clue about the specifics), that is not the basis of the arguement here against a Buffalo casino. What you are doing is in fact "swiftboating". You supports are just bitter that someone actually ponied up to fight the Senecas and their ILLEGAL gaming operation. Whereas more often than not their deep pockets and lobbying power provide them with all the operating room they want. The Wendt's Foundation investment in and profit off of Harrah's, while disturbing, is irrelevant. Unless they are also conducting illegal gaming operations, Harrah's is worlds different than the Senecas. Casinos in tourist destinations such as Las Vegas, etc. are part of a larger entertainment package. Does that exist in Buffalo? Does it exist in NF, already a natural tourist destination? Will Buffalo develop into a tourist destination because of a casino? Will the patrons spend money outside of the casino at local businesses? Do they in NF? Even if it were legal, I'd have serious doubts as to the effectiveness of a downtown casino providing an economic stimulas to the area. But the fact of the issue is it is illegal to operating Indian gaming on that land. As agreed to by the Seneca Nation. What is your excuse for wanting to ignore the laws they agreed to?

WNYMind
25 Jul 2008, 11:22
Just to amuse Rocco, I'll address Frank B quickly. Frank deploys the usual scare tactics about what the boogieman casino will bring to a town. These claims are all anticdotal and not based on empirical research. According to his logic, casinos cause mass hysteria and places without casinos are in a state of nervona.

Fran sites Detroit. I've seen Detroit before and after casinos. It is like night and day. No rational person would argue that downtown Detriot is worst off now than before they opened their 3 full service casinos. The casinos actually attracted and continue to attract revitaliztion in Detroit. The Lions decision to move back to the city, the Tigers location of their new stadium, and Compuserv's decision to headquarter downtown was heavily influenced by casinos pioneering downtown investement in Detroit. It's all a matter of public record.

Without going into a long essay on the Bass Pro that never was. I'll leave you with two thoughts. Bass Pro never wanted to come to Buffalo and still doesn't. The whole Bass Pro scheme was cooked up by the Rich family of Buffalo. Their Palm Beach home is next door to the Bass Pro family home in Florida. They begged Bass Pro to come to Buffalo. Bass Pro has always said that the Buffalo market is too small to support one of their stores. So, the Rich's lobbied for this heavily subsidized store to entice Bass Pro here against their business plan and fincancial logic. The store is economically unviable and has not comittment from Bass Pro. It is only still alive because of elite intervention in Buffalo and because the city and county have agreed to assume ALL of the finiancial risk.

Second. Bass Pro is essentially involved in two lines of business: boat sales and gun sales. A Bass Pro in Buffalo will make all of our local boat dealers lose business. And, does Buffalo really need another gun shop?

Now, back to the real core issues. BuffaloPundit has only scratched the tip of an unexplored iceberg. Wendt selling Harrah's stock at an inordinate profit is very telling. For a foundation to have over 2.5% of its portfollio invested in a single stock is suspect. And for the foundation to make over 100% profit on that stock in a relatively short period of time is suspicious. The SEC and AG need to investigate this matter. It could be insider trading, stock manipulation, etc.... If Harrah's manipulated their stock to launder money to Wendt, that is a legal issue and need to be investigated.

Bruce Jackson is totally illigitimate at this point. He is an inner circle member of the anti-casino movement, his children being paid by Wendt, and he apparently is receiving funding from Wendt himself. He is one of Wendts paid assassins and their chief minister of propaganda. His last Artvoice article was nothing more than an effort to slander anyone who raises relevant questions about Wendt's motives and the legitimacy of CBB. He is a turd extrodinare

Wendt had over $4 million in Harrah's stock. The question that is still out there is how much Harrah's stock do the Wendt trustees still own personally and how much have they personally unloaded for a profit. Ditto for the Jackson family. This goes a long way to explain why the Seneca were targeted and not gambling in general. Wendt and their gang are cool with OTB, Lotto, existing casino in erie county (probably with Harrah's contracts for all we know, etc... But, they are up in arms when Harrah's may face competition in Buffalo.

It sound more like a monopoly every day. As the Monopoly game would say to the Wendt trustees and the Jackson family "GO DIRECTLY TO JAIL, DO NOT PASS GO, DO NOT COLLECT $200"

Rocco Russo
25 Jul 2008, 11:40
WNYMind: All interesting points. And some serious "accusations" there. As for Bass Pro, and again you're "swiftboating" my one question regarding the actual illegality of operating casino gaming on that land by drawing attention to a separate issue: If Auburn, NY is large enough a market for a Bass Pro, isn't WNY? Is there that much more hunting and fishing in the Finger Lakes region than here? I don't know. I'm asking. But I would think that there is a market here. Now, do I want to see Bass Pro put other area businesses out of business? Not really. Not if they are lured here by outrageous tax breaks. I don't know the details of that situation and I don't want it explained here. Again: The issue here is people fighting to uphold the law that both the U.S. and Seneca Nation agreed to through the SNSA. If you have a good reason why those laws should be ignored, I'm all ears. But I fully expect any answer you give to be off topic and focused on the "evil deeds" of your enemies. What a joke.

mark
25 Jul 2008, 12:19
I would like to know how US marshalls are going to close down a casino on soverign land???? US can't even collect gas and cigarette taxes on soverign land. I think the latter would have been easier to enforce. Go figure???

Rocco Russo
25 Jul 2008, 12:41
@mark: Good question. I'd have to think there is legislation somewhere that allows for US Marshalls to uphold the laws the Senecas agreed to. If not, I suppose we could barricade the property perimiter and set tire fires, right? That should keep the construction workers and "tourists" away.

avwrobel
25 Jul 2008, 13:07
Nice article Bruce. Great job! And great post Mark B. These pro-casino bloggers seem blind with fury and simply cannot believe that such intensified gambling is a bad thing. Economic recovery for our fair burg is happening the right way: slowly and surely, as downtown comes back. The last thing needed is a cancerous tumor casino sapping its health. Also, as a fan of Michael Beebe, I too was disappointed with his "Wendt Foundation finds itself in the center of controversy" comment. 'Controversy' is a media created attention getting technique designed to attract attention and sell papers or raise ratings.

enough
25 Jul 2008, 13:13
do what you want, if it's your property. maybe the US Marshalls will be called upon YOU. Tire fires surely get the attention, doesn't it?

Rocco Russo
25 Jul 2008, 13:35
@enough: I was being fecicious. Didn't the Senecas do that to our Thruway before?

Anyone want to answer: What is your argument for a casino when it's illegal to operate one? I know: lobby Washington to change the rules. I suppose if the Wendt Foundation did that to help protect the poor and hungry it would be a misuse of funds.

enough
25 Jul 2008, 13:43
They sure did. YOUR Thruway is on Seneca land illegally too! Ok for NY to do it, but Not the Seneca's to do it. Seneca's didn't get paid for that land, NY just TAKES IT> Guess how much money NYS lost when no cars can get through to pay the TOLL!!!!!!!!!!!!!! LOL
( Yeah I know, I didn't answer your question regarding the "ILLEGAL" casino either., blah blah blah

Rocco Russo
25 Jul 2008, 13:55
@enough: No, it's not ok for NY to do it. I wasn't living around here at the time, so I'm not very clear on the details of how that happened. Just as the Senecas didn't get paid for the land the Thruway is on, neither will Buffalo, or be able to collect property taxes on it. I guess you can count the $7M the city will get from that great deal Patacki struck up.

I have no idea how much money in tolls the state lost. Is that supposed to mean a lot or not much?

Don't worry, I was expecting anyone to answer the question about the illegal casino. No one can. Until they change the laws and make it legal.

Maybe I'll buy up all the land that surrounds Seneca territory and put up liquor stores. That should create an economic boom for your people.

Rocco Russo
25 Jul 2008, 14:02
Interesting that Buffalopundit's site just blocked me from posting and removed all my comments. I guess I'm now recognized as a spammer. Or as I call it, censorship. If you can't beat them, censor them.

enough
25 Jul 2008, 14:25

Go ahead and put up your liquor stores. We injuns not so stupid anymore.


Hear that people? I never once made any racial slurs at this man, but he comes in with his remarks.

mark
25 Jul 2008, 14:33
Rocco-
you can't set up liquor stores all around the casino because that would kill all the other liquor stores and bars businesss' around that neighborhood... (he,he,he)

Rocco Russo
25 Jul 2008, 14:37
My "racial slur" is based on historical fact. Just as gambling addictions are, which you seem to have no regard for. Eye for an eye right? I am after all trying to starve your children.

And no, you're not so stupid anymore. You've managed to turn a common enough incident in history (people have been getting conquered for ages) into one of the greatest scams ever. But you were here first, so it's my fault. Maybe you should have put up more of a fight. I guess I should just concede defeat to the might Senecas and their illegal casino and we'll call it even.

WNYMind
25 Jul 2008, 14:45
Rocco,

Bass Pro, like Ikea, considers the Buffalo market too small and too close to its other retail businesses to be viable. If you have any other questions you need to ask them how they do the math.

You also know that I've always believed the Seneca will win the court battle in the end. They have the law on their side. The NIGC has always had the right to administer gaming licenses, not the courts. Judge Skretny errored when he took the case, and he was not up to date on current administrative rules used by the NIGC. The law empowers the NIGC to make the licensing rules and administer them. Even if it goes to the Supreme Court, the Seneca will win. The current Supreme Court isn't going to allow an activist judge to legislate from the bench. And, as we all know, this court defers to the executive branch. This also isn't like past courts where Hugo Black was the lone discenter when Indians got railroaded. So, it is a done deal, the Seneca have their license. Go cry in your beer.

The core issue has always been that the Wendt Foundation is currupt and has violated the public trust. $2 million so far on a bogus lawsuit. If it goes all the way to the Supreme Court, Wendt will have too cash in some more of its casino stock to pay for the selective lawsuit against the Seneca. I guess that is the price they must pay to keep their Vegas partners happy.

Of course, there are secondary issues. Wendt has created a puppet organization (CBB) to dupe the public. One of the Wendt puppets, Bruce Jackson, is being paid to spew lies and propaganda. And, the lawyers are rolling in all the free Wendt money that flows their way (Rose and the Jackson children, plus others). It all stinks.

Imagine if the $2 million went to scholarships for poor kids in Buffalo. A $2 million infusion into local colleges and universities, hundreds of kids getting opportunities for hire education and to break out of poverty. Imagine if the $2 went to any worthy endevour. Nope, the Wendt trustees would rather funnel it to their friends and lawyers in the name of a losing cause.

The Wendt Foundation, that marvel of Buffalo, that glorious paradox still attacks the Seneca, still makes war against his brother? Still keeps his neighbor's children starving.

Buffalopundit
25 Jul 2008, 14:46
Rocco - I'm not blocking anyone, but you're the second person who's complained of this. I'm looking into it. Feel free to email your comment to me at buffalopundit[at]gmail.com, and I'll do it for you.

Rocco Russo
25 Jul 2008, 14:47
@mark: Let me clarify: around Seneca territory not in the city. Those stores however would be taxed and on equal ground with competing stores. The better businesses would survive but under equal rules. But I like your little joke. Very cute. I'm just trying to stimulate the economy on the Seneca reservation, that's all. If I can get Senecas to spend hundreds of millions in my liquor stores, all the better for me. I'm just trying to make a buck you know?

mark
25 Jul 2008, 14:59
Wasn't the US aware of what the Seneca's primary purpose for purchasing the land was....Who really is at fault here.....

mark
25 Jul 2008, 15:06
I have the solution to the problem at hand: US purchases the nine acres back fron the Seneca's.....problem solved

Rocco Russo
25 Jul 2008, 15:17
@WNYMind: Finally, a decent argument from you. However, as you state, the NIGC makes the rules, and those rules I believe are part of the SNSA, correct?. So, according to the current (though it seems soon to change) rules, Indian gaming is not legal on that land. The NIGC was wrong in issuing the license in the first place. Now, if the rules change (I wonder how that happened), why is the judge wrong in making his decision based on the law at that time? Even if he were aware of a pending change in the rules (why have rules if they are arbitrary and easy to change?), should he be expected to rule against the current law? I suppose it just would have been easier for the opposition to look into a crystal ball and see that the rules would be changing and concede back in '06.

If you feel that strongly that there has been anything illegal or unethical about the Wendt Foundation's decision to support this case, I suggest you persue it through the appropriate avenues. Why do you continue to complain about the Wendt Foundation, Bruce Jackson, Joel Rose, etc., when many of us don't care who they are or what they do? Fine, the money could go to better causes. You could say that about a lot of things. Dunn Tire could use the money for the naming rights to the Bisons field to feed the hungry. Why aren't you up in arms about them? I understand that Dunn Tire isn't the Wendt Foundation, but to claim that opposing a casino isn't in at least part of the community's best interest and overall health is naive. It really makes me wonder where your grudge against the Wendt Foundation, etc. started. What is your agenda against them? As I've asked, if it were any other group, perhaps a private citizen willing to fund the case, would you have the argument? Let's get back to the issue of the casino, regardless of who funded the opposition. What makes this a good idea? Convince me, someone who has no problem with vices, but understands their costs to our community, that a casino will benefit our city more than it will cost. I know both are hard to quantify. But we know this: hundreds of millions will be spent at the casino and it's hotel/restaurants/bars annually. Where will the offset be?

Rocco Russo
25 Jul 2008, 15:40
@mark: You would think that would be the case, right? It's no secret that the Senecas had plans for three casinos in WNY. I blame the city and the state government just as much, if not more, than the Senecas. In fact, I don't really blame the Senecas in this that much. I have no opposition to casinos. I'd like to see it done within the law, that's all. I do think casinos can be integrated into the community much better, and both sides could make concessions and work together much more effectively to effect a positive change on the area. I would have no problem including a casino in revitalizing Buffalo. Especially a brand new non-taxpayer funded $333M hotel and casino. But like I've said: I want to know there is a comprehensive plan in place that involves both sides. A plan to help the Senecas get rich but keep the negative impact on our own citizens to a minimum. If $200M is coming mostly from WNY, that's not good. If $100M is and $100M from tourists, still not good, but better. While gambling does carry it's own social baggage, so do many, many other things, all mentioned in comments above. I want to know we can effectively manage those problems. If I'm unaware of such plans, please correct me.

I'm still skeptical on the benefit to the surrounding area given the condition of NF. I just don't agree that a tax-free business in downtown Buffalo will help enough with stimulating other development and bring economic benefits that outweigh the hundres of millions the Senecas will be pulling out of the area. I just don't see it in NF, and if an already tourist destination isn't thriving with the adition of a casino, what can I expect for downtown Buffalo?

enough
25 Jul 2008, 15:48
Historical fact: We should've put up more of a fight but with our simple weapons and peacefullness, we had no chance from being slaughtered, murdered and raped against Christopher and his prisoners.
You are just plain racist against Seneca's. It is plain to see.

Does anyone have the number to the Wendt Foundation? There are a bunch of drunk indians down here on the "rez" who need their help!

mark
25 Jul 2008, 15:57
I think i'm just fed up with lawsuits....it seems as though everybody thinks thats the answer these days...by the way just heard a new lawsuit that makes the situation here look pale in nature... NYC lawyer suing Delta Airlines $5 MIL because he wasn't allowd to change res over phone, had to stay anextra 4 days in Paris,etc almost as good as passenger on jetblue having to sit in lavatory for majority of flight.....

WNYMind
25 Jul 2008, 15:57
Rocco, you must not know much about Buffalo. This is a city that can't pay a large business to invest here (Bass Pro and others for example). Industry left long ago. Then, a large employer comes and is willing to make the largest investment in the history of the city, bring 1000 jobs, pay $8 million to the city per year, and it is supported by the city, county, other large businesses in town, etc.... But, it is all bogged down due to a charity using it's money designated for the poor to lobby against the casino. Come one, what a joke, why not just put a big billboard up that says "We Hate Business, We Hate People, We are Buffalo, See You in Court."

The Wendt Foundation is a fraud. Did they ever approach the Seneca to come up with a fund to help the waves of problem gamblers they claim will be created by the boogieman casino? No. Did they ever commission a study of the problem before jumping the gun and suing in court? No. It is such an irresponsible move for Wendt. Wendt just went and cashed in its Harrah's stock and hired their lawyers. It is so insincere and sad.

So, let's have Wendt go back to square one. Go out and document the effects of a casino, work with the Seneca to reduce any problems that gambling might cause. Wendt needs to learn about being a good neighbor, being a good citizen, instead of running and suing like a spoiled child every time they don't like something or someone.

Rocco Russo
25 Jul 2008, 16:02
@enough: I have no issue with Senecas as an equal people. But I will not be guilt tripped into supporting a casino just because Native Americans were mistreated centuries ago. I firmly believe that if you want to prosper, you should have to work for it. I do not tolerate those with their hand out. I see no reason why Senecas should be given special treatment now. Either you want to be good neighbors and brothers and abide by the laws you've agreed to, or you don't. If not, enjoy your sovereign land. If the laws governing that land allow a casino, by all means, build it. But until then, I will not respect anyone who won't keep to their word.

Rocco Russo
25 Jul 2008, 16:22
@WNYMind: Again, very solid comments. In response:

I do not know much about Buffalo. I went away to college and lived out of town for awhile. But I do know enough to agree that we are not a business friendly area. That has no bearing on the law. However, the Senecas wouldn't want a casino here if they didn't know it would be a financial windfall for them. Using the example of 1000 jobs and $8M annually to the city has to be put into context. That's like saying a budget has been decreased by $5M, when it's $3 trillion and billions too large already. So the context is: 1000 jobs @ $35K/year +$8M, = $42M. Where is the other $150M+/- going to come from? Tourists? Please. Now, I understand the Senecas won't profit $150M. They will have operating expenses, and there are secondary benefits to their vendors, etc. But you are just throwing up a smokescreen to hide the fact that it is a bad business deal for the area. Just because it's the only deal out there doesn't make it a good deal. The city may be desparate for "progress", but this isn't real progress. If it were, NF USA would look more like NF Canada.

Also, since when did the city, county, state, and large businesses have the interests of the public in mind? You know as well as I know that our area government is corrupt, inefficient, and a joke. There's your elietist and privledged group.

Your suggestions for the Wendt Foundation working with the Senecas is exactly what I've been saying. As for studies, they have been done. Mr. Rose was kind enough to cite his sources. I've come across similar, if not the same, studies, and the findings are rarely in favor of casinos.

Has it not occurred to you that the Wendt Foundation could very well end up spending $2M or more helping gambling addicts and other people in need as a result of a casino in the city? How many people who live in the city will have greater access to this casino than the ones in NF or Salamanca? I see what you're trying to do and I don't like it. You may be able to fool some of us, but I see right through your tricks.

WNYMind
25 Jul 2008, 17:06
Rocco,

Two things:

1)Let's not forget that the Seneca didn't want to put the casino in Buffalo to begin with. It was originally planned for Cheektowaga on a vacant lot across from the Buffalo Airport. But, the county sued to block that development and force it in Buffalo. The Seneca were essentially ordered by the courts to build the casino in Buffalo, and only in Buffalo. So, now the Wendt Foundation turns up years later and tried to reverse the courts decision on the site for the casino. So, we agree on at least one point, WNY is a horrible place to try to do business. Unfortunately, the lesson to the outside world from this, regardless of outcome, is not to waste your time doing business in WNY. The only reason the Seneca stuck it out so long is because the courts locked them into the Buffalo site.

2) The Wendt Foundation currently spends the bulk of its money (excluding the $2 million on their law suit) on cultural institutions (i.e. museums, the zoo, theater, etc...). The next big chunk goes to higher education and medical research. After that, a chunk goes to some pet projects with trustee family connections (i.e. alumni, families running organizations, etc...). Then some crumbs go to social service agencies and the boys and girls scouts. So, they don't currently spend much on aiding the poor and they give no scholarships, etc.... It is a pin money club for a few detached elites who say about the poor, "let them eat cake." It is all in their 990 forms, look it up yourself, don't rely on this blog. If (and that's a big if) a casino adds a few problem gamblers to the area, the Wendt Foundation will spit on them before they give them a dime.

Lara Buckley
25 Jul 2008, 22:12
I like the back page of Artvoice!! This week we see an advertisment for Batavia Downs!! HA! Who really cares about the people in the Perry Projects? High-minded, liberal whitey? Oh ok. Why isn't there a friendly discussion about genocide first and gaming later? Same story,,the rich decide how the game goes and that's that. The middle-class can be the anxious cheerleaders and the poor get what they've always had, shit.

Frank B - Buffalo
26 Jul 2008, 05:04
To - WNYMind

You and a few others that favor having a casino in Buffalo seem to have a one track mind that is filled with negative thoughts in your attempts to try to degrade the good folks that are looking out for what is truly the best for the poor citizens in Buffalo. Instead of trying to degrade others as well as the Wendt Foundation, provide us with some good solid facts why a casino would be good for the city.

Get out and mingle with the poor folks that are trying to survive to make a better living for themselves and their families. Look at the poor conditions they live under day in and day out not knowing if there will be food on the table the next day. Unable to make ends meet, many are willing to spend their last few dollars on gambling with the hope of winning enough to get out of poverty, buy needed food or clothing. The more affluent understand that the odds of winning are next to none, which is why many of them aren’t risk takers. Some times you have to lend a guiding hand to the folks that don’t understand that, which is why some of us are attempting to take the temptation away from them of wasting they’re money on games of chance.

When they are unable to pay bills, feed families, pay taxes and etc., those of us that can afford too, end up paying their bills as well as our own. Also consider this, if 45-percent of city residents are hired to work in the casino (if they win), how many will end up in jail once they are surrounded by the temptation of seeing millions of dollars around them?

You can call my remarks scare tactics or whatever you prefer too about problems that gambling causes, but worldwide studies support them. If you think they aren’t, call one of the gambling hotlines and attend a few of the meetings to educate yourself.

I have been involved in the casino gaming industry since 1985, have attended several major gaming conventions in Las Vegas, toured both Bally’s and IGT’s slot manufacturing plants, and have been in over 330-casinos throughout North America, so I do not have to use scare tactics as you implied. Facts are facts.

Throughout my travels I have seen thousands of people lose millions of dollars they could not afford to lose. At Casino Niagara for example several years ago, I stood next to a lady that used her house as collateral to obtain a $100,000 line of credit. Within 45-minutes she lost $70,000 playing games in the high-stakes room, the other $30,000 playing the high-limit slots. The casino foreclosed on her house, her husband divorced her. This is a common daily occurrence throughout North America.

In California a man lost his entire $40,000 retirement fund a nickel at a time. In Nevada when progressive slots first entered the market, it was eight years between MegaBucks jackpots. That is why slot machines are referred to as the Crack Cocaine of the industry. Industry wide, excluding slot parlors, slot machines provide upwards to 70% of a casino profits. If a person becomes lucky, casinos have the right to tell the person to leave and never come back. They want losers, not winners. Sort of one-sided isn’t it?

Have you ever tracked how many people have won large amounts of money playing slot machines? Casinos use to post it until large winners became less frequent. About three years ago Seneca Niagara and The Fallsview changed software in they’re slot machines that decreased the chances of winning. During 2006 the gaming industry created a program called a “Server-based” system that allows casino operators to reduce the odds of winning by lowering the percentage of money their machines payout by typing in a few commands using a computer keyboard in their control room. The system also allows a casino to increase the odds of winning for VIP players using the same method to reward them for their play, and to change what games you can play, how much you are required to wager on each line and spin.

At a G2E (Global Gaming Expo) convention I attended, Frank Fahrenkopf Jr, president and CEO of the American Gaming Association, outlined changes that will be taking place that will speed up casino games too make them more profitable for casinos and reduce their operating expenses. These changes will reduce the number of employees required to operate a casino and eliminate the need of having slot technicians change computer chips in individual machines on the casino floor.

Some casinos are also installing card, dice, and roulette machines to replace dealers. ShuffleMaster has "Rapid" table games for Baccarat, Craps, Roulette, Sic Bo and the Big Wheel. The systems allow players to sit around a table and make wagers using a monitor instead of dice, chips or cards without the use of a dealer. Doesn’t seem like a casino would need 1,000 employees to operate it, does it?

The last time I stopped at the reservation in Wheatfield a gas attendant told me the U.S. government was paying his health insurance premiums. Been to Salamanca lately? Several of the long-time smoke shops have closed. Where is all of the casino money that is supposed to be helping tribe members out of poverty? Oh yes, now I remember reading about the previous CEO’s million dollar auto collection while tribal members were living in trailers manufactured during the 1970’s using cardboard bales and plywood as insulation.

Yep, a Buffalo casino will really do wonders for the area.


WNYMind
26 Jul 2008, 12:34
Frank B has sunk to new lows. His last post essentially says that he believes poor people are too stupid to understand the odds of winning and losing in a casino. He also believe casino workers will become criminals and rob the casinos they get jobs at. I think Frank has been watching too many Oceans 11-13 reruns. Frank should stop stereotyping the poor. It is very insulting. I can tell him first hand that most poor people have 1000 times more going for them than he does. Frank, why do you hate poor people? Why do you think they are stupid and prone to become criminals? Your words not mine.

Frank also likes to go around and cite "worldwide studies". Did he find these studies in the Weekly World News, or learn of them second hand watching CSI? Frank and the rest of the anti-casino crowd continue to cite these nameless studies. I challenge you, name a single, credible study of gambling in Buffalo. Show us the real numbers of projected changes in crime, substance abuse, suicide, etc... that will grow out of gambling at a Seneca casino exclusively. Put up or shut up Frank. All you come up with is anticdotal fairy tales and hot air. Show us the data on all the evils the boogiman casino will bring. Name the research done in BUFFALO!!!!

Maybe all the recent press that has exposed the hypocrites at the Wendt Foundation has rattled his cage. Frank B should have a strategy meeting with the folks at Wendt, they will be in a smoke filled room at Harrah's Casnino. Stop by the buffet on your way out and exchange ideas with Jackson and Rose.


WNYMind
26 Jul 2008, 13:02
The Buffalo News has done a horrible job investigating this story. The News has taken a Johnny come lately approach. The bloggers need to continue to stay on top of this one. The only way the facts will get out will be if we all keep posting information. When a critical mass is out there, then maybe the Buffalo News will pick up our posted information and take credit for it.

We still don't know all of the motives of the Wendt trustees. If their concerns about the poor are genuine, then I would expect to see a shift in their funding (i.e. less funding for the arts and more for the poor). On the other hand, if it is business as usual, we will see more money going to the usual suspects.

There is also the issue of discrimination against the Seneca that keeps surfacing. This needs to be explored further. The question is, why target the Seneca while the casino in Hamburg, OTB, Lotto, etc... are ignored? If gambling in Buffalo is the target, then why isn't the Wendt Foundation trying to shut down the lottery outlets all over the city, particularly the ones in minority communties on the West Side and the East Side of Buffalo?

wnywatercooler
26 Jul 2008, 17:33
i think if Buffalo got a higher percentage of the slot revenue it would be impossible to block this thing. That is the only sticking point with me on the issue of a casino in Buffalo. Pataki and Co. really did screw us 25% of 25% of the revenue is not enough.

Also anyone like Frank B who says stuff like "your attempts to try to degrade the good folks that are looking out for what is truly the best for the poor citizens in Buffalo." pathetic. How do you know what is truly best for anyone? Anyone that is that blind and thinks unequivocally 100% their side is right doesn't belong in the conversation. If 300 of those jobs go to 'poor people' how is it not in their best interest to have the casino? Aren't employees banned from gambling in the casino?

Luis Clay
26 Jul 2008, 18:30
Ahhh, wnywatercooler, but Buffalo didn't get a higher percentage of the slot revenue, did it? It got screwed behind closed doors with such a small take because it was not represented, the measure was not voted on and the compact was signed, sealed and delivered with agreements made public after the fact. Such is life in New York.

And how much, would you say, is enough? Would it be OK if the Senecas paid for all the costs of all the social ills arising from the casino. And how would we know how much that was?

Thank goodness that somebody in this town stands up for what it believes is best when elected officials have so patently failed to represent the interest of their taxpayers. That somebody is prepared to draw the line is a good thing. Let them be cast as hypocritical for not having taken on the whole world, they have taken the first step which is to draw a line.

Which is why the Senecas as represented here by the pathological WNYMind are running so scared. Crying foul and racism and baboonery like toddlers.

So here we have a foreign nation cleaning the city out with the agreement of the state. Nobody cares a tinker's cuss about the activities of the Wendt Foundation until Judge Skretny upholds the law at the request of the CbB. Then, they should have a charter! They should be investigated! Shock! Horror! What about the laws of the land? It's not fair! It's racism! Who cares for the poor?

And so the venomous bile of the cowardly WNYMind is unleashed mascarading as truth: "the facts will get out will be if we all keep posting information."

We all keep posting information? Oh, please. This is information? The lady doth protest too much.

Freedom! Justice! Rights! Neighborlyness! Casino jobs for the poor! Meals out of the mouth of babes! (This on behalf of a sovereign nation ostensibly concerned with payback for the injustice of 140 years ago but obviously controlled by greed.)

Who needs Hollywood and Washington DC for entertainment when we have the Senecas in Buffalo making honest pay handing out cards to losers? Or 1000 jobs for machines with bright lights in the arcade taking coins from children? A billion dollar enterprise paying out $35 million, 3.5%, in paychecks a year. Sweet deal behind closed doors if you can get it.

So this is what broke, intellectually and ethically, looks like. And who keeps mentioning war? What a lot of nonsensical and specious drivel!

Wait! Wait! Did I use a big word? Just like an elitist would?

WNYMind
27 Jul 2008, 00:28
Where do things stand. The Wendt Foundation claims to be against gambling in Buffalo (and only Buffalo). Why? Out of fear of having to fund treatment programs for problem gamblers. And, in order to protect the poor from their inner demons.

Both rationale for the Wendt Foundation's lobbying are a crock. Wendt currently and historically has NOT funded the types of activities it claims it will be rushed to fund in the future. In fact, it funds an insignificant number of activities for the poor (especially poor minorities in Buffalo). Wendt is a funder of the Arts, medical research, and other large institutions in Buffalo. Only crumbs go to other activities, and in an irregular manner. This is a matter of record, look it up yourself on the Wendt 990 forms.

Wendt has never been a friend of the poor. So, it is hipocritical and pandering to suddenly wrap its casino lobby up in altruism.

Also, Wendt is insincere to say that they want to end gambling in Buffalo. Where is Wendt on the lottery in Buffalo? Why hasn't Wendt tried to remove all the lottory machines in corner stores on the west and east side of Buffalo? Wendt really doesn't give a tinkers dam about gambling in Buffalo. Wendt is just targeting the Seneca. This is the last stand of a few insulted elites in Buffalo who are angry about the Seneca coming to Buffalo and being one of the largest employers.

So, we are backto the core issue, ethical misconduct on the part of the Wendt trustees. That is the core issue. We have three stuffy old cronies clinging to the elitist structure in Buffalo that says the city should be run by a few blue bloods in smoke filled rooms. There is obviously a race and class test to join this elite club.

Well, the Wendt trustees just got a rude awakening. There is a new sherrif in town now, it is call the truth of sunlight. The old ways of threatening people with lawsuits and seeing the back dowm are over. Now the Wendt trustees have met their match, and they will be crushed in the courts and the court of public opinion.

As for Rose and Jackson. Every circus needs a couple of clowns. Now we know both are well paid clowns. At least, they are earning their money. On the other hand, the Wendt trustees are crooks. They take their cut of the Harrah's profits and pay others to fight their battles. They neglect their fudiciary responsibilities as trustees. And, they violate every trust the public has in them and the Wendt Foundation. They sit in their tower at Fountian Plaza on Main Street and act like they are above all of the regular people in Buffalo. Soon, the Wendt trustees will have a new view from their ivory tower, a view of the Buffalo Creek casino. They can lean back in their chairs, smoke cigars, and cry. They lose, we win.

Of course, Jackson and Rose will not share the Wendt's view. They will be at the new casino with front row seats at the buffet. So be it.

One final word of advice for the Wendt trustees. Knowing that Jackson and Rose will be chained to the casino buffet for the next decade, the Wendt trustees might want to set aside some of their portfolio and invest in Rolaids. That's my stock tip for the day, Rolaids.

Peace.

BuffaloWatcher
27 Jul 2008, 11:06
Alan Bedenko is employed by an organization which has casino clients.

Journalism 101, follow the money and I think you will see where this leads.

Lloyd A. Marshall, Jr.
08 Aug 2008, 06:24
And yet, Frank B., nobody put a gun to those poor souls' heads, or a knife to their throats.

The Wendt Foundation lost this argument the moment the Senecas started tearing the old grainmill down, and started building the casino. No alternative to offer? BZZZZZT! Thanks for playing, Joel and co.

When the casino is complete, people who want to go in should sign a waiver that would be endorsed by tribal and US(including NYS, Buffalo, Erie County) authorities, like so...

I, THE UNDERSIGNED, HEREBY ACKNOWLEDGE AND ACCEPT THAT IF I, WHILE HERE, SHOULD WILLINGLY ENGAGE IN ACTIVITY THAT PUTS ME/MY FAMILY IN PERIL, I/MY FAMILY WAIVE ALL RIGHTS AND ABILITIES TO SEEK ANY COMPENSATION FOR SAID LOSS(ES).

Those who don't sign the waiver don't get to partake of the casino's wares.

John Williams
20 Aug 2008, 01:26
Pretty nice site, wants to see much more on it! :)

christian
24 Aug 2008, 03:50
Let me begin by saying that i really like your blog artvoice.com a lot
now.. back to the post haha
I cant say that im 100% with what you typed up... care to clear things up for me?

WedyMyday
02 Oct 2008, 21:05
How i may contact admin this site? I have a question.
iijiivei

grinnenia
15 Nov 2008, 00:00
to: Admin - If You want to delete your site from my spam list, please sent url of your domain to my emai: stop.spam.today@gmail.com
And I will remove your site from my base within 24 hours
webmastegz

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Artvoice Blog Headlines

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posted November 19, 1:09 pm on channel Movie Trailers

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posted November 19, 11:52 am on channel Food

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posted November 17, 3:07 pm on channel Local Interest

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posted November 15, 6:43 pm on channel Events

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posted November 13, 11:42 am on channel Local Interest

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posted November 12, 4:50 pm on channel Theater

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