Yocha Dehe Wintun Nation Sues Vallejo Over Temporary Tribal Casino

^{The city of Vallejo, California, is being sued over a proposed temporary tribal casino. (Photo: Cam Poggensee / Alamy)}

The Yocha Dehe Wintun Nation filed a lawsuit on Monday against the City of Vallejo, California and the Vallejo City Council over a proposed temporary casino in the city that would be owned by the Scotts Valley Band of Pomo Indians.

The lawsuit claims that the city council’s memorandum of understanding for the casino and its approval of an encroachment permit violate multiple state laws, including the California Environmental Quality Act and the Cortese-Knox-Hertzberg Local Government Reorganization Act.

City Approved Temporary Casino Despite Federal Uncertainty

The Yocha Dehe say that Vallejo officials failed to complete required environmental reviews, granting exemptions that weren’t applicable to the facility. In addition, the tribe argues that since the Department of the Interior (DOI) is currently reconsidering Scotts Valley’s gaming eligibility determination – multiple tribes in the area have sued the federal government over the casino project – any agreement over a facility at this point is premature.

“The City of Vallejo’s decision to rush into a Memorandum of Understanding for the Scotts Valley project while the federal government is actively reconsidering whether the project is legal in the first place completely disregards the rule of law and proper process,” Yocha Dehe Wintun Nation Chairman Anthony Robets said in a statement. “We were left with no choice but to file suit, not only to protect our Patwin ancestral homelands, but also to stand up for the thousands of Vallejo residents that deserve thoughtful decision-making grounded in facts and meaningful environmental review.”

The Yocha Dehe Wintun Nation has opposed the project since it was first proposed, arguing that the Scotts Valley tribe has no ancestral rights in the Vallejo area. In March, the Yocha Dehe wrote a letter to Vallejo officials asking the city to take no action on the proposed site. But in April, the Vallejo City Council voted 4-2 to provide municipal services for an office and what it described as a “very small casino operation” for the Scotts Valley Band.

At that meeting, the issue of the uncertainty over the project’s standing under federal law caused Vallejo Mayor Andrea Sorce to abstain from the vote.

“I believe the city should let the federal process play out and remain neutral out of respect for that process,” Sorce said ahead of the meeting. “That is why last year I voted against both the DOI comment letter on May 27 and the memorandum of understanding on Sept. 30. My position is that it is not our place to take sides in a sovereign land dispute, nor should we be getting involved in projects while the reconsideration is in process.”

Scotts Valley Plans $700 Million Casino Complex

Under the memorandum of understanding, the Scotts Valley tribe would be able to open a 5,400-square-foot modular building that could house up to 100 Class II gaming machines, which won’t require a compact with the state. That agreement would last for three years, with both sides being able to walk away by giving 90 days’ notice to the other party.

If Scotts Valley is able to build a permanent facility, the tribe has envisioned a project that includes a $700 million casino, 24 single-family residences, a 45-acre biological preserve, a parking garage, and administrative buildings.

The initial approval for the Vallejo casino came during a flurry of last-minute DOI approvals for off-reservation casino proposals at the end of the Biden Administration, decisions that were sharply criticized by many state and tribal officials.