By James Fink
Business First

A Tuesday ruling by U.S. District Judge Hon. William Skretny concerning the Seneca Buffalo Creek Casino has gaming opponents claiming another milestone victory, while the Seneca Nation of Indians remains confident that the downtown Buffalo casino will stay open.

Both sides agree, regardless of the ruling and the subsequent wave of legal action by both casino gaming advocates and opponents, that there are many more legal hurdles to be cleared before the venue's fate is determined.

"This is a lengthy and involved legal process, and we are a patient people who have lived on our native lands for hundreds of years," said Barry Snyder, Seneca Gaming Corp. chairman and immediate past chairman of the Seneca Nation of Indians.

Snyder stressed that the downtown Buffalo casino will remain open and construction will continue on the permanent casino.

Skretny's July 8 ruling determined that while the nine acres of land the Seneca Nation acquired along South Park Avenue is sovereign territory, the National Indian Gaming Commission erred in July 2007 by allowing Las Vegas-style gaming to take place on the land.

Tuesday's ruling did not order the casino shut down but commanded the NIGC to "carry out their congressionally mandated obligations" to decide whether the casino should be shut down.

Skretny's decision, regardless of the NIGC ruling, is likely to be appealed and challenged.

At risk is the proposed $333 million permanent Seneca Buffalo Creek Casino that's already under construction. The casino is expected to create 1,000 new jobs and generate between $5 million and $7 million in new revenues for the City of Buffalo. The casino is also considered a catalyst that will spur ancillary development.

Seneca Buffalo Creek Casino is currently operating in a temporary building that opened on July 3, 2007, with the approval of the NIGC.

The anti-casino plaintiffs, 23 in all, said Skretny's two rulings are major victories in their efforts to close the Buffalo casino.

"It is a complete victory," said former Rep. John LaFalce.

The legal action was brought against the NIGC and U.S. Department of Interior. The Seneca Nation of Indians, which operates Seneca Gaming Corp., has friend-of-the-court status.

Richard Lippes, one of the plaintiffs' lead attorneys, said he believes Skretny's dual rulings make it "very clear" that the Seneca territory in Buffalo is "not gaming-eligible."

Lippes said several legal strategies are being considered, depending on how the NIGC reacts and whether an appeal is filed.

"If we believe they are dragging their feet, we will take the appropriate action," he said. "If they ignore this decision or any other action, they will be acting in contempt of court. The judge's ruling couldn't be any stronger. There is absolutely no basis for an appeal."

The Seneca Nation, however, disputes how Lippes and LaFalce - among others - are interpreting Skretny's ruling.

Kevin Seneca, treasurer for the 7,300-member Indian tribe, said the Seneca Nation is making an investment to aid an ailing Buffalo Niagara economy. The Seneca Nation has more than 6,000 employees, including nearly 5,000 who work in casinos it operates in Niagara Falls, Salamanca and Buffalo.

"What would the local employment rate be without those 6,000 jobs?" Seneca said.

Seneca considers the plaintiffs "a small minority who are against casinos for whatever reason."

"If you have a moral issue, that's fine. There's nothing that says you have to go to a casino," Seneca said. "All we are trying to do is bring back some economics to Western New York. It's getting frustrating. All of a sudden we have a new set of hoops we have to jump through."