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Seneca Nation Lacks Sovereignity For Buffalo Casino

Opponents to the proposed Seneca Nation casino in Buffalo have unleashed their primary weapon, a legal argument that the downtown site is not sovereign Indian land.

In federal court they also argued that although the Seneca Nation property is exempt from property taxes, it is not exempt from other types of taxes and regulations.

The Seneca's purchase of 9 acres of land along Michigan Avenue does not meet the legal threshold for sovereign land; therefore the casino project plan is illegal.

Joseph M. Finnerty, a lawyer for the opposition, said "if it's not sovereign land, they can't gamble on it. If you read the statutes, it's clear as a bell."

The statutes - the Seneca Nation Settlement Act of 1990 and the Indian Regulatory Gaming Act of 1988 - define the lands upon which Indian run casinos can be built.

Casino opponents argue that former Interior Secretary Gale Norton made a mistake when the Seneca purchased and settled the sovereign territory.

The casino's impact on the community, environment and historic building were ignored by the federal government. The same argument was made in the suit which was first filed in January.

The suit filed in January is being funded in large part by the Margaret L. Wendt Foundation and donations from other foundations and individuals.