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#1099513 - 11/05/09 10:32 AM
Obama to Expand Indian Trust Rights?
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newsman38
Senior Member
Registered: 03/21/01
Posts: 2558
Loc: Fourth Estate
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Congress weighs concerns over Indian trust decision
On the eve of a presidential gathering with tribes from around the country, the Obama administration has detailed its support for congressional action to reverse a Supreme Court ruling that denied the Narragansett Indians special status for land they own in Charlestown.
“The court’s decision hinders fulfillment of the United States’ commitment to supporting tribes’ self-determination by clouding — and potentially narrowing” federal power to hold tribal land in trust, Donald Laverdure, the deputy assistant interior secretary for Indian affairs, told the committee.
Laverdure said the case will spark costly lawsuits and prevent third-party developers from proceeding with — or securing loans for — projects on Indian land.
“There is a problem here that needs to be fixed,” Interior Secretary Ken Salazar told reporters Tuesday, referring to the high court’s ruling that the Narragansetts were not entitled to have a parcel of their land taken into federal trust — a status that removes a tribe’s land from the jurisdiction of state and local taxes and law.
01:00 AM EST on Thursday, November 5, 2009 By BY JOHN E. MULLIGAN Journal Washington Bureau
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#1103099 - 11/12/09 04:55 PM
Re: Obama to Expand Indian Trust Rights?
[Re: SilverFox]
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Rich_Tallcot
Senior Member
Registered: 01/19/03
Posts: 1554
Loc: Union Springs, New York
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I can't remember the details but there was some state politician's spouse involved in the catering business that is providing the liquor license for Turning Stone's use. Rich probably knows the details Dave Vickers points out, if the Turning Stone was eligible then it should have a license. But instead the State Liquor Authority issues thousands of licenses to the husband of State Assemblywoman RoAnn DeStito. It would appear that she may be using her influence preventing the tribe from getting a license to keep her relatives cash cow fat?
But, then again, if the TS had a valid state compact maybe they would qualify.
Restaurant groups sue Turning Stone, saying state illegally granted alcohol permits By Glenn Coin / The Post-Standard November 11, 2009, 10:53AM
Three local restaurant owners associations on Tuesday went to court to halt the flow of alcohol at Turning Stone Resort and Casino, saying the permits that allow caterers to pour drinks have been illegally granted by the state.
The associations asked a state judge to forbid the state Liquor Authority from issuing any more permits. They say the issuance of permits is illegal because Turning Stone does not meet the definition of a “club” under the law.
The Liquor Authority has refused to give a liquor license to the Oneida Indian Nation, which runs Turning Stone, but has issued thousands of temporary permits for Beeches Restaurant, of Rome, to serve alcohol at the resort.
"If the liquor authority thinks it’s OK for alcohol to be present at Turning Stone 24/7/365, then why deny them a liquor license?" asked David Vickers, the attorney who filed the legal papers in state Supreme Court in Utica. "Why not grant them a license and gain some oversight?"
The permits have been granted for years for conventions, weddings and other special events. Turning Stone then began creating private membership clubs, first at the Lava nightclub and then, in September, at three lounges and five restaurants at the resort. The state began granting permits to Beeches to serve alcohol virtually every day of the week at those newly created clubs.
"This is a clear and transparent sham 'club' with sham 'members,'" the legal papers say.
Liquor Authority spokesman Bill Crowley declined comment, saying that authority officials have not seen the suit.
The legal action was filed by the Madison County Hotel, Restaurant and Liquor Dealers Association; the Oneida County Chapter of Empire State Restaurant & Tavern Association; the Herkimer County Hotel and Restaurant Liquor Dealers Association; and Oneida County residents Michael Hennessy and Harry Burton. A hearing is scheduled for Dec. 16.
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#1103100 - 11/12/09 04:58 PM
Re: Obama to Expand Indian Trust Rights?
[Re: Rich_Tallcot]
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Rich_Tallcot
Senior Member
Registered: 01/19/03
Posts: 1554
Loc: Union Springs, New York
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PS - it is not the Turning Stone being sued. It's the State Liquor Authority.
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