Third time is not the charm

The Cowlitz gambling syndicate has once again changed its tactics in an effort to demonstrate its cooperation with Clark County and facilitate the completion of its Environmental Impact Statement. This latest attempt consists of two tribal ordinances embodying agreements from the invalidated Memorandum of Understanding (MOU) with Clark County. They were sent Wednesday directly to the federal Bureau of Indian Affairs and the National Indian Gaming Commission.

(If you’re keeping score, the first attempt was a Memorandum of Understanding (MOU) signed with Clark County in 2004, and appealed by a Clark County landowner and the La Center card rooms. It was invalidated in June 2007 by a state Growth Management Hearings Board, which found the public had not been allowed input as required by state law. The second attempt was the syndicate’s attempt to fold the MOU into the tribe’s federal gaming ordinance. That would have put enforcement of local provisions under federal control. Federal decision-makers said it was a bad idea, and the syndicate withdrew its request Oct. 5. It claims the contents of the third iteration would be enforceable in state court.)

The lead architect of this third attempt told The Columbian earlier this week, “The benefit of it being unilateral is the boys at Perkins Coie can’t mess with it.” (The Perkins Coie law firm represents the landowner and card rooms that appealed the initial MOU.)

Two things seem clear: First, the Cowlitz gambling syndicate is not interested in having outside input into this agreement, which has far-reaching ramifications for the entire area. Second, the syndicate desperately needs this MOU. Thursday The Columbian reported, “(Commissioner Steve) Stuart said the Cowlitz seem to think the commissioners would have some influence over the casino’s approval.”

You got it, Steve. Now use your influence to do some good.

>> Read about the beginnings of the MOU

>> Check out our timeline and see the evolution of the MOU (in red text)