Yocha Dehe Wintun Nation files lawsuit against Vallejo over preview casino

On Monday the Yocha Dehe Wintun Nation filed suit against the Vallejo City Council and the City of Vallejo over the council's approval of an Encroachment Permit and a Memorandum of Understanding with the Scotts Valley Band of Pomo Indians related to a proposed temporary casino in Vallejo.

Scotts Valley wants to eventually build a casino that would include 24 single-family residences, a tribal administration building, a parking garage, and a 45-acre biological preserve area located within and adjacent to the city boundary in Solano County, near the intersection of Interstate 80 and Highway 37. The casino, at a cost of $700 million, would be open 24 hours a day, seven days a week.

However, Yocha Dehe Wintun Nation has been opposed to the project since the beginning, claiming that Scotts Valley has no ancestral rights in Vallejo.

"The City of Vallejo's decision to rush into a Memorandum of Understanding for the Scotts Valley project while the federal government is actively reconsidering whether the project is legal in the first place completely disregards the rule of law and proper process," said Anthony Roberts, Chairman of the Yocha Dehe Wintun Nation. "We were left with no choice but to file suit, not only to protect our Patwin ancestral homelands, but also to stand up for the thousands of Vallejo residents that deserve thoughtful decision-making grounded in facts and meaningful environmental review."

In March the tribe wrote a letter to the Vallejo City Council and Mayor Andrea Sorce requesting that the city take no action concerning a memoram of understanding with the Scotts Valley Band of Pomo Indians and its attempt to build a casino in Vallejo.

However, in April the council voted to provide fire, police and water services for a "very small casino operation" and office for the Scotts Valley Band of Pomo Indians in Vallejo. The agreement -technically a memorandum of understanding -includes a requirement to contribute $100,000 in community benefits, make 15 percent local hires, initiate community engagement throughout the project and give an unspecified amount to help clean up the White Slough encampment.

For over two hours at the early April meeting, the council chambers rang with impassioned speeches for and against the agreement, often punctuated by applause. The agreement passed 4-2 with noteably Sorce absent. A week before the meeting Sorce said, "I have maintained since the outset that I believe the city should let the federal process play out and remain neutral out of respect for that process. That is why last year I voted against both the DOI comment letter on May 27 and the memorandum of understanding on Sept. 30. My position is that it is not our place to take sides in a sovereign land dispute, nor should we be getting involved in projects while the reconsideration is in process."

At 11:53 a.m., less than an hour after the motion passed, the Scotts Valley Band issued a press release describing the approval as "a pivotal moment in the partnership between the two governments and a step forward for the Vallejo community."

"This is just one step in many future partnerships with the City, and we are looking forward to all the great work we can achieve by working in tandem with our City partners," Scotts Valley Chairperson Davis said in a statement.

The lawsuit by Yocha Dehe Wintun Nation challenges the City's controversial decision, alleging violations of the California Environmental Quality Act (CEQA) and the Cortese-Knox-Hertzberg Local Government Reorganization Act (LAFCO Act). The City failed to perform the required environmental review before approving the MOU and the Permit, instead relying on inapplicable categorical exemptions, in violation of CEQA. In addition, the MOU commits municipal services to the proposed temporary casino on the Pomo tribe's 160-acre federal trust land without first obtaining Solano LAFCO approval, in violation of the LAFCO Act.

"Our Tribe remains deeply committed to the many community partners, residents, and organizations we have worked alongside in Vallejo for decades," added Secretary Mia Durham. "These relationships are rooted in trust, partnership, and a shared commitment to the future of this region. We are proud of the work we continue to do alongside the people of Vallejo and remain committed to strengthening those partnerships for generations to come."

This lawsuit comes as the federal government continues reconsideration of Scotts Valley's gaming eligibility determination. In a December letter to Scotts Valley, the Department of the Interior acknowledged that the original approval of Scotts Valley's proposed casino project may have been based on "legal error," noting that evidence submitted by local tribes and other parties "raise[s] questions" about whether the project site qualifies for gaming.

Underscoring the seriousness of those questions, Judge Trevor McFadden stated that Scotts Valley "would be ill-served" by relying on the prior gaming eligibility determination while reconsideration is ongoing.

Underscoring the seriousness of those questions, the letter expressly stated that Scotts Valley "would be ill-served" by relying on the prior gaming eligibility determination while the reconsideration process remains ongoing. Despite those warnings, the City moved to facilitate development of a "preview" casino, inserting itself into an ongoing dispute and risking limited City resources prior to a final federal determination.

A final decision by the Department of the Interior regarding Scotts Valley's gaming eligibility is expected by the end of July, a schedule the Department recently reconfirmed in a federal court filing.

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