Buffalo casino case headed back to court

U.S. District Court Judge William Skretny has set an Aug. 21 hearing on a motion filed by anti-gaming advocates who want the Seneca Buffalo Creek Casino shut down.

The motion will be heard at 2 p.m. in his downtown Buffalo court room.

Skretny ordered the hearing after Citizens Against Casino Gambling in Erie County filed motions last week seeking to close down the temporary Seneca Buffalo Creek Casino. Skretny, two weeks ago, ruled the nine-acre parcel along South Park Avenue the Seneca Nation of Indians acquired more than two years ago is sovereign territory but not gaming eligible. The federal judge, however, did not issue a cease-and-desist order forcing Seneca Gaming Corp., the casino gaming arm of the Seneca Nation, to close down the casino.

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The Senecas were granted the rights to operate the casino on the site in July 2007 by the National Indian Gaming Commission. Skretny, in his 127-page ruling, called the NIGC decision arbitrary.

Seneca officials have repeatedly said it remains "business as usual" and the slots-only 7,000-square-foot casino remains open while construction on the $333 million permanent Seneca Buffalo Creek Casino continues. The permanent casino is slated to open in the summer of 2010.

"Seneca Gaming Corp.'s position has been to always follow the lead of our owners, the Seneca Nation of Indians," said Phil Pantano, Seneca Gaming spokesman. "Until such time that the Nation tells us differently, it will be business as usual."

Meanwhile, the Citizens Against Casino Gambling in Erie County have asked Skretny to order U.S. Marshals to close down the casino if the Seneca Nation and the National Indian Gaming Commission refuses.

Skretny gave the National Indian Gaming Commission until Aug. 1 to respond to the anti-casino organization and, in turn, gave the Citizens Against Casino Gambling in Erie County until Aug. 12 to file a reply.