Federal Court Denies Scotts Valley Band Request for Injunction Against Interior Department Vallejo Gaming Opinion

A federal judge denied the Scotts Valley Band of Pomo Indians an emergency request for a preliminary injunction aimed at reviving its casino plans in Vallejo. Judge Trevor N. McFadden of the U.S. District Court for the District of Columbia ruled in a 41-page opinion that the Band “fails on all four factors” required for such relief. The decision keeps the Department of the Interior’s July 31 Indian Lands Opinion in effect.

Judge McFadden found that Scotts Valley “has not shown likelihood of success on any of its claims” and that “the equities and public interest weigh decisively against” granting the request. Gaming on the Vallejo site remains prohibited. The opinion states the Band lacks a significant historical connection to the area.

Judge Finds Band’s Claimed Economic Harm Self-Inflicted

Judge McFadden determined the Band “rolled the dice and invested anyway” after the court warned against it. This made any economic harm self-inflicted. The Band’s claim that it costs $235,247 a month to maintain its temporary facility drew skepticism from the court.

Judge McFadden described the facility as “two modular buildings” with 17 class II gaming machines that opened on a limited basis July 24. It was not the $700 million casino the Band promoted, which never broke ground. The case continues but the Band cannot conduct gaming in Vallejo for now.

Coalition Support for Department Position

Yocha Dehe Wintun Nation, Kletsel Dehe Wintun Nation, Lytton Rancheria, United Auburn Indian Community, and the Governor of California filed briefs backing the Department and the July 31 opinion. Anthony Roberts, Chairman of the Yocha Dehe Wintun Nation, said: “We appreciate the court’s careful consideration of this matter, and we could not be more pleased by today’s decision. The Department of the Interior considered all the evidence and properly concluded Scotts Valley lacks a significant historical connection to Vallejo and Solano County. This decision is another important step in exposing Scotts Valley’s false claims about our Patwin ancestors. Vallejo is Patwin ancestral territory, and we will never relinquish our responsibility to care for and protect these lands.”

The tribes indicated they would not oppose Scotts Valley gaming on the Band’s ancestral lands in Clear Lake. As reported by G3 Newswire, the ruling suggests further challenges to the opinion are unlikely to succeed.

Reporting: G3 Newswire

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