The first lawsuit against the Rohnert Park casino was filed today in the Sonoma County Superior Court. If successful, the lawsuit will invalidate the Graton Rancheria gambling compact.

The lawsuit, which names Governor Jerry Brown as the defendant, seeks "injunctive and declaratory relief" against AB517, the bill that ratified the Graton Rancheria compact signed by the governor on March 30, 2012. The bill, which had been fast-tracked through the legislature in the first two weeks of May, was signed into law by the governor signed on May 17.

The lawsuit contends that the simple act of the federal government taking land into trust does not strip the state of its sovereignty over the casino site. In fact, under the U.S. Constitution, this can only be done three ways: The federal government can reserve sovereignty when the state is created, obtain state consent to exclusive jurisdiction under the Enclaves Clause, or obtain the state's cession of jurisdiction. 

None of these methods have been followed in the Graton Rancheria casino site, so state law still applies there.

What this means is the casino site in Rohnert Park, which is new land acquired solely for a casino through "reservation shopping",  is not Indian land as required for gambling under the California Constitution. The land is still governed by state law, and Class III casino gambling is not allowed on state-governed property.

"The Bureau of Indian Affairs and the tribe claim that mere transfer of title is enough to divest the state of sovereignty but that has never been the law.  The state Legislature was bamboozled, " said Michael Healy, attorney for the plaintiffs.

"This lawsuit exposes the truth: This land is not under tribal jurisdiction. There is something Sacramento can do."

"The governor has had this information for over a year, "said Mr. Healy. "He could have stopped stop this casino, but since he won't, we will."

Mr. Healy also sent a letter to Acting Assistant Secretary of Indian Affairs Donald Laverdure, asking that final federal approval be delayed until the courts have the opportunity to review this state issue. A copy of the letter has been sent to Senator Feinstein asking that she support this request.

"When government ignores the will of the people, the remedy is to go to court," said Pastor Chip Worthington, founder of Stop the Casino 101 Coalition, one of the plaintiffs. "This lawsuit is based on the checks and balances that keep the Executive branch from becoming dictatorial."

"The people of Sonoma County oppose this casino four to one," said Mr. Healy. "They were outraged

by the behavior of the governor and the legislature. We're going to set things right with this lawsuit."

More information on the legal challenges to the Rohnert Park casino can be found at our web site,

www.stopthecasino101.com Donations to the STC101 Legal fund can be made through the web site.

Additional Information: The federal government took the casino site into trust in October 2010.   An injunction is a judicial remedy awarded to restrain a particular activity, in this case, AB 517. "Declaratory relief" would establish the rights of the parties or express the opinion of the court without ordering anything to be done or granting any remedy.