Litigation | New York | Opinion

Editorial: Cayuga Nation can't claim sovereignty over gaming site

Monday, June 6, 2016

The LakeSide Entertainment facility in Union Springs, New York. Image from Google Maps

Citing the U.S. Supreme Court in Sherrill v. Oneida Indian Nation, New York newspaper urges local officials to continue fighting the Cayuga Nation in hopes of proving that the tribe cannot operate gaming facilities on ancestral land without first going through the land-into-trust process:

With a federal appeals court panel's ruling last week reinstating the Cayuga Indian Nation of New York lawsuit against Union Springs, the village has a few options to consider.
1. Union Springs could attempt to appeal the decision of the U.S. Court of Appeals Second Circuit reversing a federal district judge's decision that Clint Halftown lacked authority to bring a federal lawsuit against the village. Halftown took legal action in 2014 in an attempt to prevent the village from enforcing its local gaming prohibition against the tribe's commercial bingo hall.
2. Union Springs could try to work out a deal with Halftown to allow him to operate his bingo hall, perhaps in exchange for payments in lieu of taxes or a share of the receipts.
3. Union Springs could accept the appeals court decision, and prepare to battle Halftown on the underlying merits of his case.
Given the long legal history of Cayuga Nation matters in Cayuga and Seneca counties and the important issues this case can address, we urge village officials to take the third option.

Get the Story:
Our view: Fight Cayuga Nation case on the merits (The Auburn Citizen 6/5)

Also Today:
Appeals court: Halftown can sue village (The Finger Lake Times 6/5)
Appeals court reinstates Cayuga Nation lawsuit against Union Springs (The Auburn Citizen 6/3)

2nd Circuit Court of Appeals Decision:
Cayuga Nation v. Tanner (June 2, 2016)

U.S. Supreme Court Decision in Sherrill v. Oneida Nation:
Syllabus | Opinion [Ginsburg] | Concurrence [Souter] | Dissent [Stevens]