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California Developers Threaten Lawsuit

BARSTOW, California – As reported by the Desert Dispatch: "A local gaming initiative the city's attorney described as "fatally flawed" was scheduled Monday for a public vote in the June 2006 state primary elections, prompting the developers of a proposed casino project to threaten a lawsuit.

"City Council listened to a lengthy report by staff about the likely effects and potential legal problems related to former Council member Manuel 'Gil' Gurule's gaming initiative. The initiative, originally called 'The Barstow Economic Stimulus Initiative,' later renamed 'Indian Gaming: Preference for Tribes in San Bernardino County,' aims to set up a casino resort zoning district in Barstow, identify tribes with connections to Barstow or the county as getting preference in negotiations, create an Indian gaming advisory committee, and require a certain percentage of funds to be reserved for law enforcement and public safety.

"Interim City Attorney Yvette Abich pointed out a number of potential problems with the initiative:

"…-The area described as the casino resort zoning district has two different boundaries in the initiative.

"…- City zoning regulations don't apply to lands that are taken into federal trust.

"…- The initiative is unclear about how the guidelines would affect existing agreements, such as the agreement the city has passed with Los Coyotes, one of two tribes Gov. Arnold Schwarzenegger has said he will allow to build casinos in Barstow.

"…-The initiative creates a preference for a specific tribe.

"…The Chemehuevi were not included in Schwarzenegger's recent round of compact announcements, but they have been working with the city for local casino development…"

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