A court injunction that forced Vanderbilt's casino to close Tuesday is a blow to the Bay Mills Indian Community -- and Port Huron. Those who believe this is the end of the matter, though, are kidding themselves.
It is unlikely the plaintiffs or defendants in this court case expected the federal district court decision to be the last word. Bay Mills appears to have gotten into
The Vanderbilt casino, a modest operation in northern Michigan, was a test for Bay Mills' intention to build a more substantial gambling facility in Port Huron.
At issue, of course, is the Indian community's right to operate a casino -- in Vanderbilt or Port Huron -- without meeting the requirements that regulate and sanction Indian-run casinos in Michigan. Bay Mills' northern Michigan operation wasn't on Indian land as recognized by state government -- and it brought a court challenge from the Little Traverse Bay Bands of Odawa Indians and the state attorney general, who filed federal suits in December that demanded the casino shut down.
The lawsuits and the court response shouldn't have come as a surprise. The Vanderbilt operation was about 37 miles away from the Little Traverse Bay casino resort in Petoskey. The state of Michigan also wasn't going to stand by and allow a new casino to operate outside the provisions of gaming compacts that prohibit off-reservation Indian casinos from operating without approval from all the state's tribes.
Nevertheless, Bay Mills stood by its contention that because the land the tribe bought at Vanderbilt and Port Huron was paid for with money it received in land settlement claims, the sites can be used as Indian-run gambling operations.
Bay Mills' argument failed its first test. Chief U.S. District Judge Paul Maloney dismissed it.
"MILCSA (Michigan Indian Land Claims Settlement Act) did not authorize Bay Mills to purchase land in Vanderbilt, Michigan," he said.
"Such purchase is not a 'consolidation and enhancement of tribal landholdings.' Therefore, the Vanderbilt Casino is not on Indian land."
The injunction, however, only is preliminary. Bay Mills still expects to have its day in court -- and the tribe isn't backing down.
"We're preparing to fight this to the bitter end," Bay Mills Executive Council President Jeffrey Parker told Flint TV station WEYI.
"We believe we are still in the right. We believe that the judge may have made some assumptions that are not correct."
There are many in the Blue Water Area who believe Port Huron needs a casino. Bay Mills' fight is the city's best hope.
Like Bay Mills, the city's casino supporters are in it for keeps.
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