Welcome to the CARS blog

Our goal is to provide a forum where interested citizens can discuss issues related to the proposed Cowlitz casino-resort. Although views from all sides are welcome, we reserve the right to reject posts we deem irresponsible or irrelevant.

Friday, November 28, 2008

Vancouver vs. NIGC II

The City of Vancouver is doing its part to fight the proposed Cowlitz casino.

Vancouver had filed a lawsuit in March in response to the National Indian Gaming Commission (NIGC) decision that tribal ordinances could replace the Cowlitz Tribe-Clark County memorandum of understanding (MOU). The MOU had been invalidated in December 2007.

In September, the 9th U.S. Circuit Court of Appeals tossed out the city’s lawsuit saying it did not have grounds to challenge the NIGC’s decision.

Earlier this month, the city told the court it was getting back in the ring and contesting the court’s decision.

Why challenge the ordinances?

The tribal ordinances are problematic. In addition to their content being unsatisfactory (as was that of the initial MOU), they are unilateral.

Additionally, they might not be enforceable. Even in his approval letter the NIGC chairman writes, “the issues concerning enforceability are not properly addressed here.” It is possible that new tribal leadership would not have to comply with ordinances written under its predecessors, making it a particularly bad deal for the county.

Read about this latest round in The Columbian.