June 15, 2000 - Supes condemn casino

By ROB COLE, Staff writer

SHINGLE SPRINGS -- A unanimously supported resolution against gambling may toss El Dorado County into a legal battle against a local Indian tribe.

Hoping to break ground on a casino that is planned to rival anything from Stateline to Reno, local tribal representative Dick Moody approached the podium to testify in front of a very heated, anti-gambling crowd and the Board of Supervisors.

A little flushed, Moody, administrative assistant to the Shingle Springs Band of Miwok Indians, was the only person of dozens of people to speak in favor of the proposed, multi-million dollar Shingle Springs Rancheria Casino just south of Highway 50 -- designed to create a new source of income and possible wealth to the Indian band of 281, of which only 49 live in Shingle Springs.

Nearly 200 residents sweated out an almost three-hour meeting held in the stifling hot Buckeye School gymnasium to speak and cheer against the casino and any gambling in the county. Most were pushing for the El Dorado County Board of Supervisors to sign yet another anti-gaming resolution, the fourth since 1996.

But while the opposition arrived in force and the board signed another resolution, Supervisor Mark Nielsen painted a dismal future for the people of Shingle Springs. He suggested that there is no use fighting against the inevitable construction of the casino.

``What you're about to go through is hell,'' said Nielsen. ``Members of the tribe are the beneficiaries of laws that have been created ... the Indians are empowered.''

The most recent of those laws created was voted in by state voters in November. Opposed county-wide, Proposition 1A, the ``Indian Self-Reliance Act'' approved the restructuring of the California State Constitution, allowing Nevada-style gambling. Now, up to two casinos can be built on tribal lands that had earlier agreed to a pact with Gov. Gray Davis.

Notable for the large circus tent just north of Highway 50 and east of Shingle Springs, the Shingle Springs Rancheria has slowly been acquiring land over the last few years in preparation, in part, for its casino venture.

The small reservation was originally purchased in 1916 by the federal government as a site for a displaced group of Native Americans who lived on the Sacramento River, just north of the modern-day downtown Sacramento.

But Moody argues the band has since been forced to purchase land that was stolen away from it three decades ago.

Moody said the Shingle Springs band was land-locked by the state Department of Transportation, the county and the development of Highway 50. Now, he said, the band and its investors have been forced to spend $8.5 million over the last few years to regain rancheria access to major roads and make it contiguous to a 42-acre, undeveloped commercial site best known by the billboard that reads the ``Greatest Earth on Show,'' south of the highway. There, the tribe owns the option to the parcel where it hopes to build a two-story, 400,000 square-foot casino, hotel and convention hall -- something the opposition describes as a ``monster.''

At the same time, the tribe may still consider developing a multi-story complex at the tent site, should it not be successful in its efforts across the highway.

But the opposition, led by local attorney Ron Dosh, who requested the supervisors sign the new resolution, said the new casino will shift the criminal element of South Lake Tahoe to the Western Slope. It will also draw a significant amount of traffic, enough to fill the casino's planned, 5,000-space parking spaces, he said.

Residents, many who said they wanted to raise their children in a safe and rural environment, said the casino would lend to future, unwanted sprawling development in the area. And others talked of increase alcoholism in the area, and fostering gambling habits, both which the tribe said it plans to help mitigate by instituting prevention programs.

``This is a battle for the heart and soul of this community,'' said resident Tim Buehl. And if the casino wins out, ``We (the community) will be totally out of control.''

But with its efforts supported by both the federal and state governments, the tribal representative has said, despite concerns, ``The casino will be built.'' Though he has said the tribe intends to construct something that will be embraced and used by county residents.

``We plan to build something that will meet or exceed our competitors'' in Nevada, said Moody. The opposition has suggested that the only casino in northern Nevada that will be bigger would be the Silver Legacy in Reno.

Financially backed by casino operator Lakes Gaming, a publicly-held company from Minnesota, and Kean-Argovitz Resorts of Houston, Texas, the band plans to construct a $125 million ``top-notch'' facility. The casino is expected to net $14 million to $40 million annually during its first five years of operations, and casino investors will take 30-percent of the profits until the end of its 60-month contract with the tribe, due to expire next year.

And while he said he intends to extend an invitation to the county to further discuss concerns raised with the casino, yesterday Moody said he plans to visit with legal representation from Minnesota and Washington, D.C. to consider suing the county over the resolution.

``What they did, I believe, is illegal,'' said Moody. ``The state and federal government ratified a binding contract with us.''

A draft application to develop the casino has been submitted to the U.S. Bureau of Indian Affairs and will be subject to a 45-day public review, if approved.