Federal judge rules in favor of Cowlitz Tribe

United States District judge Barbara J. Rothstein today denied the appeal of the Department of Interior’s decision to acquire and hold in trust approximately 152 acres near La Center designated for the Cowlitz Indian Tribe to build a casino.

The Department of Interior initially ruled in December 2010 that the Cowlitz Tribe’s land near the La Center I-5 junction could be taken into trust. That decision was appealed by a group that included the four La Center cardrooms, Clark County, the City of Vancouver, nearby property owners Al Alexanderson and Greg and Susan Gilbert, and the Citizens Against Reservation Shopping.

The Bureau of Indian Affairs then issued a new Record of Decision on April 22, 2013, which was also appealed by the aforementioned parties.

Rothstein’s Dec. 12 decision denied the Plaintiffs’ motions for summary judgment and granted the Defendants’ cross-motions for summary judgement.

“We’ve been waiting for this for many, many years,’’ said Bill Iyall, chairman of the Cowlitz Tribe. “There’s always been someone throwing roadblocks up in front of us but the court has agreed with the federal government, which is a good thing for us.’’

“It’s a very positive step in terms of she’s recognizing the right to take the land into trust and the objections that have been made by the plaintiffs have been dismissed,’’ said Peter Schultz of the Mohegan Gaming Advisors, who are supporting the Cowlitz Tribe’s efforts to build a casino in Clark County. “It’s likely to be appealed but certainly this is a positive first step.’’

In October, the Department of the Interior served notice of plans to complete its planned trust acquisition of the 151.87 acres near La Center. The Cowlitz Tribe was informed that the Department of the Interior would acquire the land “no sooner than the earlier of January 21, 2015, or thirty days after a Court order granting summary judgment of favor of Defendants.’’

“That’s the second positive step,’’ said Schultz, referring to the inevitable action. “It’s been a long march but these are a couple of positive steps.’’

John Bockmier, a Vancouver-based consultant who represents the La Center cardrooms, confirmed that the latest decision would likely be appealed.

“We believe the court has it wrong and we are going to continue to oppose this development,’’ Bockmier said. “We intend to appeal.’’

Iyall called the decision “strong’’ and “decisive.’’ He anticipated that this latest decision will allow for the land to be taken into trust after the 30-day waiting period, which means for the first time in its history the Cowlitz Tribe will have its own reservation.

“We had no reservation before this and a tribe without a reservation just doesn’t have the same opportunities,’’ Iyall said. “You can go around the state and look at the various tribes and see examples of what it means to have your own reservation.’’

Iyall said it’s not just about the right to build a casino. He said having an official reservation will open up the opportunity to meet basic education needs, to apply for federal grants and funding and to create other revenue streams and income opportunities.

“Those who are trying to stop us from building the casino are also closing other opportunities for the Cowlitz, but when the land is taken into trust we will have opportunities to create other revenue streams and job possibilities and move forward with many other programs,’’ Iyall said.

“This is a very historic moment,’’ Iyall added. “I think about our leaders and ancestors who we have lost while we have waited for this to happen. That’s the sad part. The elders who are gone, including my grandfather and his grandfather before him – going back to the 1860s when our land was taken. We’re just now getting it back and it will put us on similar footing with other tribes in the state and in Oregon as well.’’

The Reflector will continue to update this story and more information will be available in the Dec. 17 issue of the newspaper.