Eastern Shawnee Tribe Continues to Visit Prospective Land for
Casinos in Ohio
September 16, 2004

According to articles in the Cincinnati Enquirer, members of the Eastern Shawnee Tribe of Okalahoma have been touring possible sites in Ohio for prospective casino and resort locations. In addition to land in Indian Hill, a suburb of Cincinnati, the Eastern Shawnee's have been focusing on three possible sites in Middletown, Ohio. According to Terry Casey, local consultant for the Tribe, the Tribe has focused on Middletown's East End, where they are hoping to build a $300 million to $500 million casino. The Middletown site appears to have the support of local officials. In addition to Middletown, the Tribe has also visited Botkins, 50 miles north of Dayton along I-75. The Tribe is hoping to build a $200 million casino on 133 acres in Botkins.

The Cincinnati Post reports that National Capitol I, the developer partner of the Tribe, wants to make its proposal to open up casinos in Ohio to Governor Taft as early as September. A spokesperson for Taft says he continues to oppose the expansion of casino gaming in Ohio, citing Taft's belief that the social costs outweigh the benefits. If Taft is unwilling to compromise on the American Indian's casino plan, the Tribe is prepared to file land claims against over one million acres in Ohio, stretching from Cincinnati to Bellefontaine. The Tribe's consultant, Terry Casey, emphasizes that the lawsuit is a last resort, and that the Tribe really just wants a gaming license. Casey claims that a proposed casino in Southwestern Ohio would create a minimum of 4,000 jobs and millions in payments to state and local governments annually.

Opponents to gaming emphasize a study by the National Gambling Impact Study which concluded that the rate of gambling addiction is twice as high in areas within 50 miles of a casino. State Representative Bill Seitz (R-Greenhills) opposes expanding gambling venues, stating that his own plan, to expand gambling at racetracks, is different than the Tribe's plan to install new gambling venues.

Casey says the Shawnee plan is to build "destination resorts" that would attract thousands of people each day. The Tribe's goal is to open a casino with "Class III" games, including slot machines and traditional table games. However, if the state is unwilling to negotiate a compact with the Tribe, the Post indicated that the Tribe could only operate "Class II" games, which includes bingo-based games and card games against other players. According to the Post, if the Tribe is forced to operate "Class II" games, the state would receive no tax dollars from the casinos and would exercise no control over casino operations.

Most recently, the Dayton Daily News reports that Casey has stated the Eastern Shawnee Tribe has gained support from the Shawnee Tribe (another Oklahoma tribe) in pursuing Indian gambling venues and other economic development opportunities in Ohio. The Shawnee Tribe is a federally recognized tribe in Miami, Oklahoma. The Shawnee Tribe Chairman, Ron Sparkman, commented that the Shawnee Tribe does not object to the Eastern Shawnee's plans in Ohio, and supports them. However, the Shawnee's do not have any direct involvement in the Eastern Shawnee Ohio plan. With the Shawnee's support, the Eastern Shawnee's legal case in Ohio could be strengthened because the state will have both Tribes' rights to consider. According to the Daily News, the Shawnee Tribe was under the leadership of Cherokee Nation until being restored as a separate and federally recognized tribe in December of 2000. Greg Pitcher, chairman of the Shawnee Tribe Development Corp., commented that the Shawnee's business council unanimously passed a resolution early in July supporting the Eastern Shawnee's gaming efforts in Ohio. The Shawnee tribe is only offering moral support to date, because they are focusing on gaming opportunities in Kansas, where the Shawnee Tribe believes they have a claim.

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Cleveland and Cincinnati Local Officials Looking to Casinos
September 16, 2004

According to the Cleveland Plain Dealer, casino gambling is moving higher on the agenda of Cleveland officials. The City Council President, Frank Jackson, has visited Detroit's downtown casinos and met with Detroit city officials. Jackson has yet to publicly support casinos for Cleveland; he wants to be sure that economic benefits would outweigh the social costs. The Plain Dealer also reported that Cleveland Mayor Jane Campbell has spent time studying the issue of a casino in downtown Cleveland. David Daberko, CEO, National City Corp, has commented that support is growing amongst corporate leaders for a casino plan which is well thought out, and would generate revenue for economic development. In addition, Cuyahoga County Commissioners Peter Lawson Jones, Jimmy Dimora and incoming Commissioner Tim Hagan all have indicated they support casinos. A coalition of Cleveland area leaders has formed to look for various sources of revenue for economic development. Cleveland AFL-CIO President John Ryan is part of this coalition, and believes that these meetings will result with a casino plan to place on the statewide ballot.

An editorial by Charlie Luken, Mayor of Cincinnati, in The Cincinnati Enquirer, supports bringing casinos to Cincinnati. Luken says the casinos will not incur any cost to taxpayers, and instead will generate millions of dollars of new tax revenue. Casino gambling is a way to bring more excitement and attractions to the Cincinnati area, Luken said, and will help revitalize the community. Ohio is now bordered by two states which have casino style gambling, Pennsylvania and Indiana. With casino gambling just 35 miles from Cincinnati, in Indiana, Luken thinks now is the time to act to bring casinos to Cincinnati.

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Further Information on Pennsylvania Legalizing Slots
September 7, 2004

Pennsylvania has legalized gambling by permitting slot machines to be placed at racetracks, slot parlors, and resorts. The Pennsylvania Legislature has authorized as many as 61,000 machines. A recent editorial in the Dayton Daily News suggests that Ohio legislators need to carefully watch what happens in Pennsylvania's recent action since the geographic size and demographics are very similar in each state. The editorial suggests that Ohio should take notes as to how much money is actually raised from the gambling, if taxes really are reduced and what unforeseen problems may arise as a result. Pennsylvania claims, that because of slot money, the average homeowner will see a tax cut of $330 a year. In Ohio, the urge for the legalization of slots has come primarily from racing interests. Opponents argue that the racing industry's problems are not large enough to be the reason that Ohio joins other states in allowing gambling.

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Tribe May File Land Claim
September 1, 2004

According to the Cincinnati Enquirer, the Eastern Shawnee Tribe of Oklahoma is prepared to file a federal land claim on approximately one million acres in Ohio, including Indian Hill, Montgomery, Loveland, and even parts of downtown Cincinnati. The areas the Tribe seeks to recover were part of a 1794 land transaction, the Symmes Purchase, in which John Cleves Symmes brought 330,000 acres from the government with the permission of President Washington. At the time, there was a federal law on the books which gave exclusive authority to Congress to take land from Indians, and Congress could only do so by passing a treaty. The purchase by Symmes was made without a treaty and without any authorization from Congress. As such, the Tribe argues that that Symmes' purchase was illegal, and that the land North of the Ohio River and between the Greater and Little Miami Rivers, all the way to Bellefontaine, rightfully belongs to the Tribe.

Terry Casey, a consultant retained by the Tribe, insists that the tribe doesn't really want to regain possession of this large piece of Ohio. However, the Tribe could file the claim to make trouble for legislators and state officials if the Tribe's proposal for a $500 million casino development project isn't taken seriously. This tactic has been successfully used by different tribes in other states. The Oneida Tribe of New York, Wisconsin and Canada filed a similar suit claiming that New York had illegally acquired 250,000 acres of Tribal land in the 18 th and 17 th centuries. Their land claim was upheld by the United States Supreme Court in 1985, and the Department of Justice allowed the Tribe to file suit against individual homeowners in the region. New York eventually settled the suit for 35,000 acres and $500 million. Casey is confident that the Shawnee's claim is valid, emphasizing that the Tribe has retained some of the leading legal experts on Indian land claims, and that the attorneys believe the Shawnee's claims are the best they have seen.

According to Casey, the Tribe is not yet ready to begin negotiations with the state, but expects the Tribe's proposal to be ready in three to five months.

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