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Friday, February 29, 2008

Police Stand By At Casino Site

By Rene Romo and Trip Jennings
Copyright © 2008 Albuquerque Journal; Journal Staff Writers
    DEMING— Fort Sill Apaches continued work on their $1 million high-stakes bingo casino at Akela Flats on Thursday, under the watchful eye of State Police gathered across the road on orders from Gov. Bill Richardson.
    Officers didn't stop any of the 70 people who attended a brief reception at the still-under-construction casino that has drawn strong objections from Richardson and the state's two U.S. senators.
    "We have to make sure there is illegal activity taking place before we step in," said State Police Chief Faron Segotta.
    "We were prepared in the event that they decided to engage in illegal activity to immediately move in and take control of that area," Segotta said.
    With a show of force in the field, state and federal officials stepped up pressure on the Oklahoma Indian tribe to halt work at the 5,000-square-foot building located on a 30-acre site 18 miles east of Deming.
    Richardson's office issued copies of a "warning notice" sent by the National Indian Gaming Commission's acting general counsel to the tribe's chairman, Jeff Houser.
    "I am truly sorry to report to you that it is my preliminary view that the Luna County lands on which you are constructing a gaming casino do not constitute Indian lands on which the Fort Sill Apache Tribe may conduct gaming," Penny J. Coleman wrote.
    "We expect to finish our analysis in the near future," Coleman continued. "At that time, it is very likely that the Chairman will take action to close the operation if you proceed to open it."
    Houser, who was at the Akela Flats casino on Thursday, said he didn't consider Coleman's letter "a final determination by any means."
    On Wednesday, Richardson ordered State Police to block public access in case the tribe tried to open for gaming, but said tribal members and employees would be allowed in.
    The federal government granted the Oklahoma-based tribe, which has historic ties to New Mexico, rights to the property in 2002. But Richardson and the New Mexico senators say the granting of trust status included the condition that there would be no gambling there.
    The Fort Sill Apaches' ancestors roamed southwest New Mexico and southeast Arizona until they were made prisoners of war in the late 1880s and relocated to Florida. Eventually, they were moved to Oklahoma.
    Houser said the question of whether the tribe would be allowed to conduct gaming operations at Akela Flats would likely be decided in federal court.
    "I would expect them (NIGC) to make a preliminary decision against us, because it's a complicated matter. We haven't provided them all our information," Houser said. "We were in the process of doing that before the governor created this unstable situation."
    Employees hired at a recent job fair in Deming declined to be interviewed as they left the reception. But several said the area needs the jobs.
    "This is really irritating," Deming resident Beverly Kayser, the wife of one employee, said of the state's opposition. "This is garbage that they are taking away the only jobs around here that pay."
    Sen. Jeff Bingaman, D-N.M., said Thursday he fully supported Richardson's actions.
    "Clearly, the state has not agreed to establish a casino at this location, and the governor is acting to preserve the laws of New Mexico."
    Sen. Pete Domenici, R-N.M., who also opposes the casino, said he was "ready if necessary to propose federal legislation to remedy this situation."
    Rene Romo reported from Akela Flats and Trip Jennings reported from Santa Fe.