Assuming this San Diego Union-Tribune report is accurate, it appears the Jamul Indian Tribe is suing Caltrans. The theory of the lawsuit appears to be that Caltrans has no right to bar access to the reservation, no matter what impact that access has on the rest of the world (in this case, specifically to State 94). Their basis for this assertion is the sovereignty of Indian reservations. From the article:
Interesting theory. I don't know enough about the law regarding Indian reservations to know whether they've got solid grounds there. Even if they don't, the lawsuit is going to take time and money for Caltrans to fight it – and there's always the risk that Caltrans will decide the battle isn't worth the cost (and this really may be the main objective of the lawsuit – it often is the main objective of lawsuits). There's also the opportunity here for political pressure to be brought to bear on Caltrans to get them to abandon the battle. If the tribe loses this suit, however, it makes funding for the casino much more difficult – and maybe even impossible – to obtain.The tribe says the state agency doesn't have the right to ask about the casino plans and how they might affect state Route 94.
“(Caltrans') repeated attempts to apply and enforce state land use and environmental laws on the tribe's on-reservation activities and . . . decision to restrict access to the reservation are impermissible, invalid and patently unlawful,” the tribe says in the lawsuit.
Let's hope Caltrans engages on this battle...
The law that is relevant to this issue is the Indian Gaming Regulatory Act of 1988 (Section 2710, (2)(E))
ReplyDeletehttp://www.nigc.gov/LawsRegulations/IndianGamingRegulatoryAct/tabid/605/Default.aspx
Sec. 2710. Tribal gaming ordinances
(2) The Chairman shall approve any tribal ordinance or resolution concerning the conduct, or regulation of class II gaming on the Indian lands within the tribe's jurisdiction if such ordinance or resolution provides that--
(E) the construction and maintenance of the gaming facility, and the operation of that gaming is conducted in a manner which adequately protects the environment and the public health and safety;
Basically, CalTrans is maintaining that taking traffic directly off 94 is unsafe. This is one case of Indian Land use (gaming)that is regulated by US Law.