Tribe Gambling On KCK Casino

The biggest gambler at the new Wyandotte 7th Street Casino likely is the Indian tribe that opened the casino against the wishes of nearly everyone involved in the long fight over Indian gambling in Wyandotte County.
When the tiny casino opened Thursday in the midst of downtown Kansas City, Kan., leaders of the local government were furious, claiming the Wyandotte Nation of Oklahoma had created an eyesore that will be only a burden for Wyandotte County.


Supporters say the tribe's bold move might increase pressure on state lawmakers to expand gambling in the state. Opponents doubt it will make much difference.


The casino is in narrow trailers encased in paneling and attached to a renovated Masonic Lodge building, next to the tribe's cemetery, across from City Hall and other government buildings in a busy section of downtown.


The U.S. Interior Department ruled in June that the tribe's downtown land was eligible for federally licensed Class II gambling activities, which allows slot-like machines that play bingo and other pull-tab types of games.

That decision, after seven years of legal battles, prompted the tribe to open the casino, said David McCullough, an attorney for the Wyandottes.


"We have not done anything on the land for a long time in hopes of going somewhere else," he said. "Everyone, including the tribe, agrees that is not the best place for a casino. The question for us became 'How long do you sit and wait?"'


McCullough said the tribe is always willing to negotiate for a different site for a casino. The tribe has sought to open a more luxurious casino at the Woodlands racetrack, in Edwardsville, or near the Kansas Speedway.


The state Legislature has consistently denied those requests, either to protect four Kansas-based tribes that already operate casinos in the state, or because of general opposition to gambling.


The Unified Government of Wyandotte County and Kansas City, Kan., had supported the tribe's efforts to open a casino. That support began to erode last October, when the tribe filed a federal claim to nearly 2,000 acres of industrial land in the Fairfax district of Kansas City, Kan.


The lawsuit, citing tribal treaties from the 1850s, has clouded titles and stymied legal transactions for an estimated 1,300 landowners in the district. Unified Government leaders fear that the property owners -- including a large General Motors plant -- may put their property taxes in escrow, rather than paying them to the county.


Thursday's casino opening seemed to further sour the relationship between the tribe and Unified Government.


Hal Walker, an attorney for the government, disdainfully called the casino a "pathetic bingo parlor."


"We supported them, worked with them, tried to help them," Walker said. "Instead of continuing their efforts with (Gov. Kathleen Sebelius), they have decided the way to do it is to put us on a fork, (and) use us and the people of this community as leverage in their deal."


But Doug Bach, deputy Wyandotte County commissioner, said it was unlikely that the commission would support any other gambling initiatives from the Wyandottes.


"The Unified Government continues to support Indian gambling in the county from any tribe that would bring in a first-class type of facility," Bach said. "Obviously this facility in trailers is not that."


The Kickapoo Tribe and the Sac and Fox Nation have proposed building a tribal casino about one mile west of the Speedway.


Sebelius, who has generally supported expanding gambling in Kansas, said Friday her office was working with county, state and federal agencies to monitor the Wyandotte casino and, "If we found that they are in violation, I think we'll move in really quickly."


In Washington, the national commission on Indian gambling is reviewing the machines used at the site.


Sebelius also criticized the tribe's earlier offer to drop its lawsuit over the Fairfax land if the state creates a compact to allow the Wyandottes to operate a casino near the Kansas Speedway.


"I frankly think that blackmail is not a great way to proceed in these negotiations," Sebelius said. "There are lots of land owners and property owners in Wyandotte County who are in enormously difficult financial situations because of this lawsuit."


McCullough denied that the tribe instituted the lawsuit to blackmail anyone.


"It's a legitimate claim," he said, but added the tribe could consider giving up the lawsuit if it was allowed to open a casino somewhere else in the county.


"We never meant to burn any bridges," McCullough said. "But (opening the casino) was ultimately a pure business decision. When we made the decision, we were certainly aware that it could cause some problems and negatively impact our ability to go somewhere else."


Sen. Chris Steineger, D-Kansas City, said he thought the casino opening should provide evidence to state lawmakers that gambling is popular in Kansas.


"Kansans are gambling, whether some lawmakers like it or not," Steineger said. "It is past time for the state to establish some amount of state oversight, control and taxation for this activity. We've watched hundreds of millions of dollars flow out of the state."


House Speaker Doug Mays, R-Topeka, who generally opposes gambling, said Wyandotte County is a special case that should be allowed to have "all the casinos it wants."


"Since we do have gaming and riverboats directly across the river from Wyandotte County, the county has all the negative effects of gambling but none of the benefits." Mays said. "But I don't think the Wyandottes have helped their cause at all this week."