Friday, Oct. 11, 2002 | 10:03 a.m.
SACRAMENTO -- A federal judge is being asked to decide whether local officials can enforce safety regulations at Indian casinos, an issue with far-ranging consequences for tribes and for communities combatting casino growth.
Sonoma County Fire Chief Vern Losh asked a county judge for a court order to let him inspect a temporary tent casino opened last month by the Dry Creek Band of Pomo Indians north of San Francisco.
But the tribe has shifted the case to the U.S. District Court in San Francisco, arguing there are key federal issues over the tribe's legal status as a sovereign nation.
Who has public safety jurisdiction over tribal land remains uncertain, said American Indian law experts, and may wind up before the U.S. Supreme Court.
"The principle spans far beyond this case," Charles Starr, who advises tribes on governance matters, told the Santa Rosa Press Democrat. "It would require a realignment of the whole government-to-government relationship."
Joseph Wiseman, an expert at Empire Law School and Sonoma State University, said he doesn't know of another case where the legal issues are as clearly defined: "That's why I think this case is so important in the long run."
The limits of local control have become a bigger issue in recent years as tribal casinos have proliferated.
Tribes have the primary responsibility for enforcing laws on tribal land, said Nathan Barankin, a spokesman for Attorney General Bill Lockyer.
Under compacts negotiated with the governor's office, tribes could choose between abiding by state or local building codes, Barankin said. The Dry Creek Band chose to abide by state regulations.
However, Sonoma County contends it has the right to enforce public safety under a 1953 federal law that gave local authorities criminal jurisdiction over tribal lands.
Under that law, Losh cited the tribe's chairwoman and the casino's manager last week for several misdemeanor fire code violations. He acted after the county's fire marshal reported the isolated hilltop casino is not prepared for a fire or similar emergency.
Frank Lawrence, a lawyer for the tribe, argued Losh's inspection wouldn't count anyway because he has no jurisdiction over what legally is a sovereign nation.
"Under law, the inspector whose opinion counts is the tribe's," he told the Press Democrat. He said the casino has been inspected by federal and state officials and that county officials are trying to disrupt a casino they opposed all along.
County and tribal officials tried unsuccessfully to resolve their differences Tuesday, before the tribe moved the case to federal court Wednesday.
Tribal Chairwoman Liz Elgin De-Rouen said Losh refused the tribe's offer to allow a fire inspection if Losh would drop the citations. But County Counsel Steven Woodside said the tribe also required Losh keep his inspection results secret.
The tribe opened the River Rock Casino in a temporary facility despite an ongoing dispute with the governor's office and the state attorney general, who had asked the tribe to stop construction in July over allegations it was violating various building, safety and environmental codes and requirements.
The tribe hopes the casino overlooking the Alexander Valley vineyards and the Russian River will draw from the estimated four million people who live within a two-hour drive, mostly in the San Francisco area.
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