FRESNO
Federal Court rules Governor negotiated in bad faith with 5 California tribes
In a victory for five California gaming tribes, a federal district court ruled on Wednesday, in favor of five Indian tribes who argued that the State of California negotiated gaming compacts in bad faith. Negotiations between the State of California and many of the 74 gaming tribes began in 2014. In 2019, the Chicken Ranch Rancheria of Me-Wuk Indians, Blue Lake Rancheria, Chemehuevi Indian Tribe, Hopland Band of Pomo Indians, and Robinson Rancheria sued the state over the state’s insistence that the tribes include provisions in their new compacts that were improper under federal law.
“The Tribe had a compact with the state that had worked since 1999, so the Tribe was hopeful that a new compact would be negotiated fairly quickly,” said Lloyd Mathiesen, Chairman of Chicken Ranch Rancheria of Me-Wuk Indians. “We tried, but after five years of negotiations it was painfully clear that the state wanted more from the Tribe than it had a right to ask for.”
“During negotiations, the Tribes took clear positions on what we believed were proper and improper subjects of negotiation, and those positions were based on what the law actually says and how courts have interpreted the law,” said Lester J. Marston, attorney for Plaintiffs Chicken Ranch Rancheria of Mew-Wuk Indians, Chemehuevi Indian Tribe, Robinson Rancheria, and Hopland Band of Pomo Indians. “The state disagreed, but with this order, the federal court confirmed that the Tribes were right.”
The court agreed with the tribes that the state had insisted that the compact negotiations include provisions prohibited by federal law, including state tort and environmental laws, subjecting the tribes to the jurisdiction of non-tribal local governments, contributions to a state grant fund, state minimum wage laws, anti-discrimination laws, labor laws and recognition of state spousal and child support orders.
The court determined that the inclusion of these topics, over the tribes’ objections had nothing to do with the regulation of gaming activities or were topics that were not at the heart of the gaming activity and required the state to provide meaningful concessions in exchange for the Tribes agreeing to be bound by these state laws. The court found that the state refused to offer or identify any meaningful concessions.
As the immediate remedy, the court ordered the parties to conclude a compact within 60 days of the order or to provide a proposed stipulation to extend the time for concluding the compact.
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LAKEPORT
Painter Leszek Forczek’s work exhibited
An array of watercolor paintings — Landscape, Auroras, Floral and Figural — are now being displayed at Main Street Gallery located at 325 North Main St., Lakeport for the months of April and May. The Gallery’s “Red Tier” hours are: 11 a.m. to 3 p.m. Wednesday through Saturday.
Forczek’s workshops and art work brought people from many Counties and States to Lake County. Exactly three years before his death on May 20, 2019, Forczek’s last workshop was conducted May 20, 2016 along the magical shores of Clear Lake in Buckingham. The weekend workshop attracted nearly 20 students from as far as way as New Zealand.
The 2021 Spring Art Show includes several recently found originals of the Northern Lights and his most popular Liturgical paintings: “Blue Pieta” and “Washing of the Feet.”
For further information, please call Main Street Gallery at 707-263-6658 or Casse Forczek at 707-279-8886.
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