The Seneca Nation of Indians Tribal Council has voted to withhold future exclusivity payments to New York state, claiming the state has violated terms of the 2001 Gaming Compact which allowed the nation to establish Class III casinos.
The nation's Seneca Gaming Corporation has paid the state $707.2 million in "slot fees" as dictated by the compact, including $58.2 million in 2009. Its most recent payment, covering January through June, totaled $32 million.
The nation is suspending the payments citing the state's sanctioning of several competing gaming operations and gaming devices. The council said the state's approval of Moxie Mania gaming is a key breach of the compact. It also cited its approval of the Hamburg Casino at the Fairgrounds, Batavia Downs Casino and Finger Lakes Gaming and Racetrack as violations of the nation's exclusivity rights.
"The action the council took tonight reflects our concern over several activities that seem to mirror our Class III facilities," said J.C. Seneca, Seneca Nation of Indians Tribal Council co-chair and resolution sponsor. "(The state) has authorized casino-like operations in Hamburg, Batavia and the Finger Lakes, and late last year the state approved "Moxie Mania." We sent a letter to the governor in January to tell him that "Moxie Mania" violates our gaming rights, but we never received a response. We have run out of patience. We are tired of the ongoing process of the State violating more of our treaty rights, our sovereign rights and the gaming compact.''