Oneidas to appeal ruling

September 27

In New York, the Oneida Indian Nation formally appealed a judge's ruling that the state agreement allowed the billion-dollar Turning Stone Casino to be built a decade ago is invalid.

With the appeal, the tribe is looking to reverse the July 28th decision of acting state Supreme Court Justice James McCarthy. Judge McCarthy ruled that Gov. (at that time) Mario Cuomo went beyond his authority by allowing the 1993 compact with the Oneida nation without approval by the Legislature

Upstate Citizens for Equality filed the suit, they want the Oneidas to pay  the applicable taxes.

The Turning Stone Casino is a large resort in Upstate New York and has over 4 million customers a year. Turning Stone has a huge casino, three championship golf courses, three luxury hotels, a European spa, a convention center, a cabaret-style showroom, an events arena, and employs over 3,000 people.

A similar suit against the Akwesasne Mohakw Casino reached the state Court of Appeals, which ruled the 1993 Mohawk agreement was illegal because the state Legislature had not ratified it. Lawmakers ratified the agreement this summer, while the casino kept operating.

On Friday, an Oneida nation spokesperson said that its casino compact is valid and governed by federal law.

Also, an attorney for Upstate Citizens For Equality stated that the group doesn't necessarily want to close the casino. The attorney did say that the judge's decision allows the state power to bargain for having the Oneidas pay local governments for services used by casino patrons, ending the tribe's claims for traditional lands on 250,000 acres of central New York.