Tribe wants to open casinos in Ohio

John Nolan

Monday, July 19, 2004 | 8:57 a.m.

CINCINNATI -- A Shawnee Indian tribe is preparing to apply to the federal government for permission to operate five to seven casinos in Ohio on lands the tribe once occupied before being forced to relocate to Oklahoma, a consultant said.

The Eastern Shawnee Tribe is compiling research on its historic claim to Ohio lands as part of the requirements for its application to the U.S. Department of the Interior's Bureau of Indian Affairs, said Terry Casey, a consultant for the tribe.

Although the tribe could file court claims to the land in western Ohio, its intention is to negotiate to buy its preferred gambling sites if the BIA grants approval, Casey said from his home in Columbus.

Indian tribes have filed such court claims in other states while trying to establish gambling casinos, but the Shawnees do not plan to do that in Ohio, Casey said.

Gov. Bob Taft opposes expansion of gambling in Ohio. The state has not received a proposal from the Shawnees, said Ann Husted, a spokeswoman for Taft.

"The first thing we want to do is to present to the governor and state leaders what the tribe could do in terms of bringing jobs and income to the state. Then we have to legally document to the government our claims to these lands," Casey said.

The Eastern Shawnee Tribe was native to Ohio before its forced march to Oklahoma two centuries ago. The tribe believes that its homeland includes a region of roughly 1.2 million acres that starts at the Ohio River and runs between the Great and Little Miami rivers through the Cincinnati area and about 100 miles north to Bellefontaine, Casey said.

That includes the wealthy Cincinnati suburb of Indian Hill, known for its multimillion dollar mansions and home to Cincinnati Reds owner Carl Lindner, former astronaut Neil Armstrong and Mercer Reynolds, a former U.S. ambassador to Switzerland. The region also includes the Dayton, Middletown and Hamilton areas and long stretches of rural land.

Casey said the tribe won't be ready to announce its preferred sites until it completes work within the next three to five months on proposals for them. The tribe has previously said potential sites are in Botkins -- north of Dayton -- and near Middletown along Interstate 75 in western Ohio. Those sites are within the tribe's historic homeland, he said.

Casinos run by at least 200 Indian tribes brought in more than $16.7 billion in 2003 -- up more than $2 billion from 2002 -- at more than 300 operations in 28 states.

In some states, the casinos operate on Indian reservations. In others, including New York state, tribes filed historic claims to land prior to opening casinos.

The U.S. Supreme Court ruled in 1987 that tribal governments could run gambling operations on their sovereign land as long as it was legal in their respective states. A year later Congress passed the Indian Gaming Regulatory Act, which gave states control over tribal gaming by requiring the governor's approval to conduct Class III gaming, which includes slot machines, blackjack and other traditional casino games.

If the BIA gives approval for the Shawnees to open casinos in Ohio, the tribe could then ask Taft to allow Class III gambling, Casey said. The state would receive a cut of that revenue, he said.

If Taft refuses, the Shawnees could appeal to the BIA or file a lawsuit as a last resort, Casey said.

Since Ohio law already allows the lottery, affiliated games and charitable gambling, the tribe might be able to proceed with Class II gambling, which includes bingo gambling machines, pull-tabs and card games against other players, Casey said. The state would not receive revenue from Class II gambling, he said.