Clock running out on previously rejected gaming Compacts

9.06.07

Time is running out for Barstow compact
Jessie Faulkner/The Times-Standard

Patience and extensive lobbying have not moved the Big Lagoon Rancheria's gaming compact any closer to ratification.

On Wednesday, Rancheria Chairman Virgil Moorehead, representatives from the Los Coyotes Band of Cahuilla and Cupeno Indians, state Sen. Patricia Wiggins, city of Barstow officials and others gathered in Sacramento to launch a media campaign designed to get the attention of legislative leaders.

Under the gaming compact, signed by the governor on Sept. 9, 2005, both the Big Lagoon Rancheria and Los Coyotes would be allowed to open casinos in Barstow. The arrangement, the first to allow construction of an Indian casino away from tribal lands, would prevent construction of a casino along the shores of Big Lagoon.

Both tribal entities have applications before the U.S. Bureau of Indian Affairs to bring the Barstow land into trust.

The gaming compact is the settlement agreement of Big Lagoon's bad-faith negotiating lawsuit against the state. If the gaming compact is not ratified by Sept. 17, Big Lagoon's chairman has pledged to go back to court.

The campaign will begin today with television ads airing on cable television in Sacramento, Oakland and Los Angeles, according to Big Lagoon spokesman Jason Barnett.

Organizers are hoping the campaign will prompt residents to urge Assembly Speaker Fabian Nunez and Senate President Pro Tem Don Perata to bring the gaming compact -- Wiggins' Senate Bill 157 -- to the legislative floor for action.

"This is a legislative leadership issue," Barnett said. "If (they) wanted it on floor, they could make it happen."

To date, the bill has not made it out of the rules committee.

"This is the last opportunity we have to avoid development on an environmentally sensitive habitat in Humboldt County,” said Wiggins, who represents the North Coast, in a release. “If the Legislature doesn't ratify these compacts, the Big Lagoon Rancheria will have the sovereign right to negotiate for gaming rights on their tribal land."

During the 2006 legislative session, a bill to ratify the gaming compact -- then sponsored by former state Sen. Wesley Chesbro -- was voted down in the Assembly Committee on Governmental Organization, but with the proviso that the item could be brought back.

The primary stumbling block both during both legislative sessions has been opposition from other gaming tribes opposed to the compact's more liberal labor language and the higher-percentage of casino revenues earmarked for the state.

"We're running out of time,” Barnett said, “we're running out of options."

If the gaming compact is not ratified, Moorehead has pledged to build a casino on the tribal land at Big Lagoon. The first step in that process may be alleging that the state negotiated in bad faith.

Jessie Faulkner can be reached at 441-0517 or jfaulkner@times-standard.com.