Historian

Ohio Attorney General rejects 93,000 acres land claim made by Eastern Shawnee tribe to bring casinos to state
by Thomas Gnau
Middletown Journal, Dayton, OH - 14 October 2005

Ohio Attorney General Jim Petro moved Friday to dismiss a lawsuit by an American Indian tribe seeking rights to 93,000 acres in Ohio, including parts of Butler and Warren counties.

The Eastern Shawnee of Oklahoma wants to build a casino and resort in Monroe’s Corridor 75 Park southeast of Interstate 75 and Ohio 63, as well as several other sites in Ohio.

The tribe sued Ohio government and 86 other entities, including Butler and Warren counties, in Toledo’s U.S. District Court this summer, arguing that its ancestors were forcibly removed from the state and has ownership rights in three counties and hunting rights in 33 others, including parts of Butler and Warren counties. There are no federally recognized Indian lands in Ohio.

But in a statement Friday, Petro argued that the Eleventh Amendment of the U.S. Constitution bars that kind of suit against states. The Republican gubernatorial hopeful said Ohio was not a party to the treaties in question, which he said were between the federal government and Indian tribes. And he dismisses the claims as being more than 150 years old.

“The claim is another attempt to bring class III casino gambling into Ohio,” Petro said in his statement. “I will continue to vigorously defend state laws which do not allow for class III casino gambling and do everything in my power to stop it.”

Class III gambling includes Las Vegas-style games, like slot machines, black jack, roulette, craps and more.

Petro also said the Eastern Shawnee is “not entitled to any land in Ohio, whether state-owned or not.” The attorney general’s office could not be reached late Friday.

Terry Casey, a consultant for the tribe’s Ohio casino development arm, National Capital I, said Petro’s arguments have been tried by other attorneys general in other states unsuccessfully.

“Our attorney and our tribe are not intimidated,” Casey said.

He contends that the tribe wants to perform only what Ohio already allows, pointing to the presence of charitable gaming, gambling on horse racing and Internet gaming.

“We have all kinds of casino or casino-related gambling going right now in Ohio through the charity laws,” Casey said.

Tom Schnippel, a Botkins businessman and president of National Capital I, said earlier this week that he expected no cooperation from the state. The tribe also wants to build a casino in Botkins, a Shelby County village about two hours north of Middletown.

“I think we have written the state off,” Schnippel said Monday.

Casey said Petro’s motion did not surprise him.

“When the attorney general wouldn’t even meet with the tribal chief, that tells us Jim Petro is running for governor,” he said.

He said 28 states have Indian gaming, and some state governments, like Michigan’s, initially opposed gaming developments.

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"Be good, be kind, help each other. Respect the ground, respect the drum, respect each other."
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