New Mexico Tribe Sues State Over Gambling Compact Negotiations



The Pojoaque Pueblo is throwing legal tomahawks at the state of the latest Mexico more than a compact they feel is not being negotiated in good faith (Image: Pojoaque Pueblo Realty)

It’s no secret that the compact negotiations between American Indian tribes and states concerning casinos and other gambling facilities can be contentious throughout the best of times. On the one hand, states in many cases are reluctant partners who want to get as much financial benefit as possible without allowing tribes to offer unrestricted gaming on their land. Meanwhile, the tribes are often unhappy about having to negotiate at all to bring financial development to land that is meant to be their own.

Tense Standoff

That’s a pretty good description of the relationship between New Mexico and the Pojoaque Pueblo tribe of Native Americans. Now, the two sides are operating under a concise that can last until June 2015. However with that agreement operating out in about 18 months, negotiations are underway to hit a new bargain and the Pojoaque Pueblo doesn’t think the state is dealing in good faith.

That’s why the tribe has made a decision to sue the state throughout the failure in negotiations. Based on the Pojoaque Pueblo, their state federal government plus in particular, Governor Susana Martinez’s administration was trying to get a tax that is illegal any new benefits for the tribe.

The tribe started asking for a renewal for the compact in June 2010, as well as the state later appointed a negotiator to work a deal out. But after two meetings, the tribe says there has been no progress at all on the many points that are important.

More Taxes, More Fees

According to the lawsuit, the Pojoaque Pueblo states that hawaii’s proposition would start to see the two sides come into a 23-year compact. Immediately, hawaii’s share of gambling revenue would increase from 8 percent to 9.5 per cent — and would climb further in later years, up to a eventual degree of 10.5 percent. Meanwhile, the state’s proposition would involve increased fees also and would restrict the scope of tribal gambling operations. Currently, the tribe operates two casinos north of Santa Fe the Buffalo Thunder Resort and Casino, and the Cities of Gold Casino and want to maintain the option to open other properties also.

‘The Pueblo cannot agree to greater taxation and fees that are regulatory the extension of outdated business practices, or new restrictions being damaging to the industry,’ said Pueblo Governor George Rivera.

According to your Pueblo, a counteroffer was issued that would maybe not ask the continuing state for any protection from gambling competition. However, that proposal also does not include any conditions for the tribe to talk about gaming revenue.

A spokesman for Governor Martinez disputed the tribe’s claims, stating that they will have been negotiating in good faith.

‘It’s incredibly regrettable that Pojoaque has chosen to litigate, maybe not negotiate,’ said spokesman Enrique Knell. ‘This is an unnecessary and possibly costly strategy on their part, one that, unfortunately, tribal leadership has been seemingly determined to take for the last year.’

The lawsuit does not request damages, but alternatively requests that the court appoint a mediator that would work because of the two edges for up to 60 times in order to help strike a deal.

This lawsuit is just the incident that is latest in a contentious relationship between the Pojoaque Pueblo and New Mexico. While other tribes signed gambling compacts in 2001, Pojoaque was one of two tribes to refuse, not coming to a contract with the state until 2005. In 2007, many tribes agreed to extended compacts with a tax increase that brought hawaii’s share of revenue as much as 10.75 percent, however the Pojoaque Pueblo once again refused.

No Takers Yet for Atlantic Club Auction As Union Makes Demands

The Atlantic Club one of the oldest current casinos in Atlantic City stays up for auction (Image: Philly.com/Michael Bryant)

UPDATED DEC. 22:

Finally a taker for the Atlantic Club, but perhaps maybe not exactly what the casino had at heart: Caesars Entertainment has apparently devote a bid for the property that is beleaguered but then intends to shut it straight down because early as January 13, 2014.

Colony Capital LLC the outfit that presently owns Atlantic Club announced late week that is last the sales agreement would be forwarded to bankruptcy court for last approvals.

Caesars is getting the house for a fire sale cost of $15 million, which includes the entire property and all its fixtures; the casino’s existing gaming equipment has been snatched up by competitor Tropicana for $8.4 million, and legal processing will charge the elimination of the gear to Atlantic Club.

With the closing, Atlantic City’s troubled land casino scene will shrink to 11, and four of those staying will likely be properties that are caesars-owned.

The total $23.4 million sale price gives Atlantic Club the dubious difference of setting a new lower in casino sales; the earlier record that is low was Resorts Casino Hotel, sold three years ago for $31.5 million.

Who would like to buy the Atlantic Club Casino Hotel in Atlantic City? It up, likely at a bargain price if you have the cash and you’re not PokerStars, of course the casino is currently up for auction, allowing anyone who has interest in purchasing the struggling property to pick.

Going, Going, Still Here

However, after two days at auction, there still hasn’t been a buyer. That doesn’t mean that nobody will pick up the casino: despite the fact that it might probably well function as least associated with dozen casinos in Atlantic City, it’s still a casino after all, and has now a lot of potential value. The casino hopes to have someone ready to make a purchase by Monday, and it’s likely that talks is going to be ongoing with potential buyers within the days to real-money-casino.club come.

Nevertheless, the method is going a bit slow than expected. When the Atlantic Club Casino went into bankruptcy, the bankruptcy court set down a routine for the sale regarding the casino that assumed a buyer could be found by the day that is second of. Which means the schedule that is entire of has been pushed back, with a hearing to get a judge’s approval for any sale being pushed back to Monday early morning.

That purchase may have just develop into a a bit more complex. Local 54 of the Unite-HERE union has expected a judge to block any sale of the Atlantic Club that doesn’t add a guarantee from the buyer that they will assume the employee that is existing, or at the very least negotiate a new one with the union. The union, which represents a variety of different casino and resort workers, filed their objection just in time and energy to meet a deadline that is last-minute.

Based on the union, the Atlantic Club did not conform to a federal bankruptcy code regulation that requires both notification to the union, and negotiations before they is permitted to terminate an existing labor contract. They state that none of the prospective buyers have met this legal requirement either, which will suggest they’d need certainly to take on the existing contract.

Long History in Atlantic City

The bankruptcy and sale associated with the Atlantic Club are only the final chapters into the story of a long-struggling casino. Previously called the Atlantic City Hilton, it is among the smallest and oldest casinos in the city, and it has had difficulty competing with a lot of its newer and much more luxurious neighbors. The Atlantic Club tried to rebrand itself as a haven for locals and casual gamblers, but that move only served to stave off the inevitable in recent years.

Earlier this 12 months, the Rational Group the parent business of PokerStars attempted to acquire the Atlantic Club in an effort to gain a foothold in nj in front of the state’s regulation of online gambling. The sale would have been the cheapest in history for almost any Atlantic City casino, with PokerStars paying simply $15 million to gain ownership.

However, the sale happened up due to fears that state regulators could be uncomfortable with a purchase by an online gambling company that continued operating within the United States after the passage of the UIGEA regulations in 2006. After contractual due dates passed, the Atlantic Club backed out of the deal, and PokerStars neglected to recover $11 million that they had loaned to your casino, which had been designated towards the purchase price.

MGM Clears Springfield Massachusetts Suitability Check

An artist’s rendering of this proposed MGM Springfield in Massachusetts, which has now passed the suitability hurdle.

The Massachusetts Gaming Commission should be filled up with warm-heartedness this holiday period; just a few times after providing Steve Wynn their blessing that is papal a suitability thumbs up for his planned Everett casino task in eastern Massachusetts, they’ve now done the same for MGM Resorts Global and its particular potential Springfield casino in the western element of the state.

Technically, the commission approved Blue Tarp reDevelopment LLC (sic), but that physical body is under the 99 percent ownership of MGM, with just one percent belonging to a Paul Picknelly.

‘Our approach from the beginning of this process that is rigorous gone to be as forthright … as possible in order to showcase our … global work ethic and high standards,’ said MGM in a posted statement, following the long-drawn-out approval process, which has dragged on for almost a year now. The intense investigation concentrated on both MGM’s financial and ‘ethical’ suitability to conduct business in the state of Massachusetts.

Locals’ Reaction Nevertheless Mixed

Although MGM happens to be the only casino designer still standing for the single western Massachusetts permit and despite the suitability approval local reaction continues to be blended to the possibility of having appropriate gambling become a brick-and-mortar reality in the Bay State.

‘Everyone wants the money. That’s what I think. The cities want money. Everyone wishes money and so it’s going to be really hard,’ Stephen Jasienowski of Northampton told a news outlet that is local.

Good read, Stephen.

But another area resident, Tom Courtney of Wilbraham, told the news he thinks the casino is actually a definite advantage to the location, which has been hard-hit by the financial recession of recent years.

‘Springfield’s gone through some difficult times so I think maybe something like this might not be a bad idea for the overall area,’ stated Courtney.

Earlier this November’s casino referendum vote in Massachusetts was rocky, depending on which parts of the state were up for vote, but both Everett where Steve Wynn’s casino project is in the quick track now and Springfield managed to pass by way of a wide margin. The areas like Suffolk Downs’ planned East Boston/Revere property were met with oddly divergent views; while East Boston summarily rejected the proposal, Revere overwhelmingly approved it, and along side new partner Mohegan Sun, Suffolk Downs has become pursuing A revere-only redo on their plans, with the blessings associated with gaming commission.

Should Really Be Full Steam Ahead Now

With this suitability stamp of approval, Springfield’s primary development officer Kevin Kennedy foresees hanging around from here on out for the MGM casino project in their city, with official licensing likely to come through some time in May.

‘If we do every thing correctly, and we continue on the path that we are on and have been on for quite a while, i do believe we are on the right path so I think we’re gonna be fine,’ said Kennedy, redundantly.

Should that licensing come through as planned, MGM might begin breaking ground the exact same month, which would mean the new Springfield casino could possibly start as early as end-of-year 2016.

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