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February 23, 2005Tribes happy with justices' casino decisionCourt won't hear challengeByRecord-Eagle staff writer TRAVERSE CITY - Area tribal leaders say they're pleased the U.S. Supreme Court won't consider an anti-casino group's challenge to four Michigan tribal compacts. The decision allows casinos in Petoskey and Manistee to continue operations. "It's nice to see the highest court in the land reaffirm our right to exist," said Glenn Zaring, spokesman for the Little River Band of Ottawa Indians in Manistee. The court declined to hear an appeal of a 2004 Michigan Supreme Court ruling that four tribal compacts did not violate Michigan's constitution. The appeal was filed by Taxpayers of Michigan Against Casinos, based in New Buffalo. Then-Gov. John Engler negotiated and signed the compacts with the Pokagon Band of Potawatomi Indians near New Buffalo, Huron Band of Potawatomi Indians in Battle Creek, Little Traverse Bay Bands of Odawa Indians in Petoskey and Little River Band in Manistee. The state Legislature approved the compacts by a resolution during a late-night session in 1998. Taxpayers of Michigan Against Casinos said the compacts should have been approved through a formal bill. "We're obviously disappointed, but we're also realistic enough to know that the Supreme Court has an awful lot of demands on its time and a limited ability to consider every issue," said Robert Jonker, an attorney for the anti-casino group. Frank Ettawageshik, chairman of the Little Traverse Bay Bands, said the decision doesn't directly affect the possibility of opening a second casino in Mackinaw City. "Everything is still up in the air, but it is really nice to have this part of it decided," he said. The Little Traverse Bay Bands and the Little River Band opened casinos in Petoskey and Manistee in 1999. Gov. Jennifer Granholm amended the Little Traverse Bay Bands' compact in 2003 to allow it to open a second casino in Mackinaw City. In its decision, the Michigan Supreme Court sent part of the case back to the Michigan Court of Appeals and asked the lower court to determine whether a governor can amend a compact without legislative approval. Ettawageshik said the tribe is awaiting the "final outcome of the judicial proceedings" on the amendment before proceeding with any plans for a casino in Mackinaw City. The tribe also would need to consider the economy and gain city support, he said. "It will not happen unless it is determined by the City of Mackinaw City that they would welcome it," he said. The Associated Press contributed to this report.
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