Grassley to feds: Reopen casino, resolve dispute

TAMA - U.S. Sen. Charles Grassley has asked two federal agencies to reopen the Meskwaki Casino and help resolve a related tribal leadership dispute.

Grassley sent letters to the secretary of the interior and the National Indian Gaming Commission chairman, urging them to break a legal logjam now mired in the courts.

"For these federal agencies to remain uninvolved in resolving this dispute is unacceptable," Grassley said. "Closing the tribe's casino without helping to resolve the differences has only hurt the members of the Meskwaki Nation and the local community, not moved the parties any closer to a solution," Grassley said. "It is amazing to me that these agencies have stood idly by as over 1,000 area residents have lost their jobs."

The casino closed May 23 after U.S. District Court Judge Linda Reade ordered federal marshals to enforce the National Indian Gaming Commission's demand the gambling operation shut down.

That order came after an appointed council led by Homer Bear Jr. refused to relinquish control of tribal matters to an elected council led by Alex Walker Jr.

The appointed council was selected by the tribe's hereditary chief, Charles Old Bear, when Walker and his council refused to recognize tribal petitions calling for a recall election. Walker said the petitions were invalid. The appointed council took control of tribal offices in late March.

Federal officials demanded Walker's council be restored to power. The appointed council won a May 22 election monitored by outside observers. Its results were unrecognized by Walker's council and federal officials, who said it did not comply with the tribal constitution. The casino was closed the next day.

"At this point, it appears that only a special election, held in accordance with the tribal constitution and recognized by the Bureau of Indian Affairs, will bring final resolution to this matter," Grassley wrote in a letter to Interior Secretary Gale A. Norton. "In fact, if the recall petition that was submitted to the council led by Alex Walker, Jr. is valid, the tribal constitution would appear to mandate that a recall election be held. I would urge you to closely examine this issue and to actively work with the tribe to provide advice and direction with respect to the process for holding new elections in accordance with the tribal constitution."

The U.S. Eighth Circuit Court of Appeals upheld the casino closure order May 29. A hearing on additional appeals related to the casino closure and the leadership dispute is scheduled for 9 a.m. July 24 in St. Paul, Minn. But the appellate court also appointed federal Magistrate Judge John Jarvey to mediate the dispute.

"As a result of the mediation that took place, Judge Jarvey has concluded that any resolution of this matter must be led by your agency and the Bureau of Indian Affairs," Grassley wrote National Indian Gaming Commission chair Philip Hogen, supplying a supporting letter from Jarvey.

"He (Jarvey) states that while your insistence on a working with Tribal government is laudable, the closure of the casino has actually made a resolution of the tribal leadership dispute more difficult," Grassley continued. "Judge Jarvey states prior to the casino closure order, with the help of the NIGC, the two Tribal Councils were close to a mediated solution for a shared power agreement and the scheduling of elections.

"I urge you to review the concerns expressed by Judge Jarvey and seek a solution that would allow the casino to reopen as soon as possible in order that the Tribe and the people of Tama County can resume their lives without hardship," Grassley wrote Hogen.

"Not only has this dispute caused anguish for the members of the Meskwaki Nation, but this has resulted in the loss of 1,281 jobs, a great many of which are held by non-tribe members. In short, a prolonged dispute would have a devastating effect on both the tribe and the local economy," Grassley wrote Interior Secretary Norton.

Grassley had been asked by tribal members, including members of Bear's council, to intervene. They were elated at Grassley's initiative.

"It's clear Senator Grassley recognizes this dispute started with the failure of the Walker council to recognize the recall petitions," Bear council spokesman Tom Jochum said. "We have said all along the best way to resolve this was to follow the constitution and hold recall elections. We're pleased Senator Grassley is moving forward, urging NIGC and other federal agencies to assist the tribe in seeking a constitutional end to this dispute. My clients are perfectly willing to stand for another election, held under the control of any agency or outside party and we would hope that election would be held as soon as possible."

A spokesman for Walker's council was less than receptive.

"Senator Grassley would not be calling for negotiations if an illegal, dissident group seized control of the U.S. Capitol or a federal building. He would call for authorities to remove the lawbreakers, restore the rule of law and enforce the Constitution," Walker council spokesman Eric Woolson said.

"The bottom line is that this situation would be easily solved if everyone lived within the law," Woolson said. "The people who have illegally taken control of the casino and council should step aside. If they did that, the casino would reopen within 24 hours. It would be most appropriate for Senator Grassley to support the actions of the Bureau of Indian Affairs and support the duly elected and recognized council led by Alex Walker Jr. rather than suggesting we reward the illegal dissident group's conduct by reopening the casino."

"Why are they so afraid of an election?" Jochum responded. "They're hiding behind the same constitution they violated" by ignoring the recall election petitions. "The real dissident group is the group that defies the will of the people."

Woolson countered that some of Bear's council members rejected similar recall petitions during previous terms in office.

"The next constitutional election will be held in October and the elected council looks forward to a constitutional election being held in October," Woolson said. Three of the seven council members are up for election then.