Resolution Against BA Casino Approved By Tulsa County Commissioners

Tulsa County Commissioners approved a resolution Thursday morning proclaiming opposition to a proposed Kialegee Tribal Town casino project in Broken Arrow.

Read The Resolution

The Tulsa County Commissioner join a growing list of individuals like U.S. Congressman John Sullivan and groups like the Broken Arrow School Board of Education who are expressing their opposition or who are questioning the proposed casino near 129th East Avenue and 110th Street South in Broken Arrow.

The county commissioners pointed out in their resolution that the Kialegee's tribal jurisdiction is in Hughes, McIntosh and Okfuskee counties. And that's where they say a casino should be built, not in Broken Arrow.

1/10/2011 Related Story: Broken Arrow School Board Asks Tribe Not To Build Red Clay Casino

In December 2011, Tulsa County Commissioner Fred Perry announced he was opposed to the proposed casino in Broken Arrow.

12/30/2011 Related Story: Tulsa County Commissioner, State Rep Oppose BA Casino

With bulldozers pushing dirt and tribal signs planted, this looks like this is Kialegee tribal land to do with what they will. But many folks are questioning whether that's really the case.

"Can you transfer property from a private individual to an Indian tribe to use its sovereignty to be a casino and consider it Indian lands? That's the basic questions we need answered," said Congressman John Sullivan, (R) Tulsa.

The land is owned by two sisters who are five-eighths Creek, according to a lease agreement first filed with the Tulsa county courthouse a year ago.

They tried to enter into a lease agreement with the Kialegee Tribal Town for $2.1-million over the first five years and $18-million a year after that.

The court records cite a Kialegee gaming ordinance approved by federal officials allowing class two and class three gaming on Indian lands over which the Tribe exercises governmental power.

That agreement was thrown out of state court last August by Judge Jesse Harris.

He said "the court is of an opinion that an individual cannot transfer government jurisdiction over his or her property by terms of a lease."

The Kialegees and the landowners tweaked their agreement and re-filed it with the Tulsa county clerk nine days ago.

Congressman John Sullivan says that agreement still needs federal approval.

"We don't know if they've asked, but they do need to. They have to get something... the National Indian Gaming Commission is the last person that will approve this or disapprove this," Sullivan said.

And even though the Kialegees are setting the stage for the Red Clay Casino to take shape, Sullivan says this isn't over yet.

"I feel like we can stop it, but it's going to take a lot of work. It's going to be very difficult. And that's why we need to get everyone involved," he said.

A Washington DC attorney representing the tribe says the Kialegees submitted a 120-day notice of intent to issue a gaming facility license to the National Indian Gaming Commission or NIGC.

He says with no objection from the NIGC, the tribe issued the license. He also claims that the tribe has been operating on the Broken Arrow site for a "considerable period of time," with permanent signage, flying the Kialegee flag, and conducting and publicizing on site tribal activities.

That tribal flag was not visible when our crews were on scene and neighbors claim they've only seen activity there in the last three weeks.