August 20, 2007
Re: Violations of Santa Ynez Band's
Dear Governor
Schwarzenegger,
We believe the Santa Ynez Band is in violation of
sections 2.8 and 4.2 and section 15.6 of the 1999 Tribal State Gaming
Compact.
Sections
2.8 and 4.2 are being violated by
the use of recently purchased off-reservation properties (Royal Scandinavian
Inn and Federico's) and leased off reservation parking lots, to support their
gaming facility. Per the Tribal State Compact, these off-reservation properties
should be classified as "Gaming Facilities." All "Gaming Facilities" must
be on land held in federal trust.
Unless the Governor’s
intent is to facilitate the development of casino “Company Towns,”
there can be no compromise or mitigation on sections 2.8 or 4.2 of the Tribal
State Compact for our community and any other hosting community. The Compact, as written and ratified,
ensures that all gaming and gaming related activity will remain on the
reservation. This is for the
protection and health of the community. Our community does not support
expansion of gambling. This is
further evidenced by 13,000 signatures that were gathered on an informal
petition, NoMoreSlots.
These compact provisions
further protect the community from the casino enterprise moving non-gambling
administrative/office space or hotel rooms off the reservation to make room for
more gambling and increasing the numbers of casino patrons by housing and parking
them off-reservation.
In addition, through our
research on the above issues, we have found that Section 15.6, “Representations,” may have also been
violated. The Compact on file with the State of
However, copies of the
Compact dated Sep. 10, 1999 (including
the addendums dated Oct. 1, 1999) found online and easily available to the
public, such as the compact copy we obtained from the National Congress of
American Indians, are signed by Vincent Armenta, Chairperson of the Santa Ynez Band of Chumash Indians. The fact that the Compact on file with
the State and copies available online are clearly two different compacts with
two different chairpersons stating they are each the tribal chairperson and two
different tribal names on the same dates is of grave concern. A copy of the online compact is
available at http://www.ncai.org/Gaming_compacts.103.0.html.
We question who had
authority to sign the Compact on Sep. 10, 1999 and the Addendums on Oct. 1,
1999, who had the authority to change the name of the tribe, if this Compact is
in fact valid, why an official document has been altered and who authorized
this alteration.
In conclusion, we are
requesting a determination be made on the validity of the Compact. If the copy signed by Mr. Armenta has been falsified, then we are asking the State to
take action. If the compact is
determined to be valid, we request the criteria used to determine the validity
of the compact and if deemed valid, we are asking the State for full and timely
enforcement of the current compact.
Mitigation, compromise, or
any interpretation of the terms of the existing Tribal State Gaming Compact can
not be an option for the protection of the hosting communities. Any compromise
to the terms only sets precedent for future violations and will erode the
rights of the hosting community. If
allowed to continue, the Governor will essentially allow the creation of a
"company town" out of the Santa Ynez Valley that currently enjoys a
diverse tourist industry NOT reliant on gambling.
It has also come to our
attention that Cheryl Schmit (Stand Up for California) and C.J. Jackson (Executive Director of Santa Ynez Valley Concerned Citizens)
have had communications with your office regarding this matter. Because
of the complexity of this issue, approaches to tribal gambling expansion
differ. Preservation of Los Olivos (P.O.L.O.) and
Preservation of Santa Ynez (POSY) are responsible to hundreds of citizens who
support and actively encourage our groups’ approach. It is
therefore necessary to clarify any possible confusion by giving you
official notice that neither Ms. Schmit nor Mr.
Jackson are authorized to speak for P.O.L.O. and POSY
on this tribal gambling expansion or any other matter.
We would appreciate a
timely response to our questions regarding this Tribal State Compact. If you are in need of any additional information or would like to
meet with us, please contact representatives from either P.O.L.O. or POSY at
the below number.
Sincerely,
Jon Bowen, President
Preservation of Santa Ynez, POSY
Kathy Cleary
Preservation of Los Olivos,
P.O.L.O.
Kathryn Bowen
Preservation of Los Olivos,
P.O.L.O.
Contact Number: 805.693.5090
Cc: Dirk Kempthorne,
Secretary of the Interior