In those meetings the tribes offered up ideas on how to put an end to the Tohono O’odham casino, citing a deposition in which Banan admitted to the closed-door meetings.
Tohono O’odham attorneys had requested the notes to try to determine if Bergin, who has opposed the casino and accused the tribe of fraud in his reasons to deny them a full-scale gambling license, was somehow working in concert with their competitors. Banan reportedly stated that the notes were no longer available as he destroyed them after consultation with Bergin.
The Tohono O’odham has prevailed in nearly 20 lawsuits with only minor setbacks, against strong opposition from the state and competing tribes in the area. Their challengers have filed suit, lobbied state and federal politicians, and nearly succeeded in getting an earmark passed in Washington D.C. that would, although not referring to the tribe or facility by name, make any operation of a casino on their land a federal crime.
In a recent court filing Attorney Charlton contended that after the meetings and Banan’s briefing of Bergin, gambling supply companies were told that they would be stopped from vending to other casinos in the state if they supplied the West Valley casino. He also said that the state had sent out letters to casino employees and told the Department of Liquor Licenses and Control that they should deny a liquor permit to the facility. The casino opened on December 20, 2015 and has yet to secure a liquor license.
The state has unsuccessfully tried to remove Judge Campbell from the proceedings. If their latest machinations are found to be unfair, the judge could toss Bergin’s countersuit, making it easier for the tribe to prevail. On March 29, 2016, the U.S. Court of Appeals for the Ninth Circuit unanimously upheld Judge Campbell’s ruling that determined the Tohono O’odham Nation could offer Class III gambling at their Glendale casino.
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