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August 28, 2010

Judge denies vote on Jones County casino

PHILADELPHIA, Miss. — The construction of a casino in the Bogue Homa Community near Sandersville will continue as planned.

Judge Jeffrey Webb of the Mississippi Band of Choctaw Indians Tribal Court denied a petition Friday for a “Writ of Mandus” to certify a referendum election on the casino. The petition was filed August 6 in Tribal Court.

The Associated Press reported Friday that Webb said the tribal Election Commission had acted properly in denying the petition by three Tribe members.

At a hearing Monday in the Smith John Justice Complex in Neshoba County, attorneys for the tribal members argued the office of tribal chief Beasley Denson and the Election Committee denied the petition on technicalities.

Vickie Rangel, sponsor of a petition application, had requested a vote as early as June 15 after the Tribal Council voted 8-7 to approve the building of the casino one week prior.

The Tribal Election Committee rejected the initial petition, claiming it was “deficient.” An amended version of the application was filed July 6 by Rangel and fellow Choctaws Austin Tubby and Bobbie Frazier.

When that application was determined to be too late for review, Rangel moved the matter to Tribal Court.

In the petition, Rangel said the decision to construct the casino would affect jobs at the Golden Moon Casino, which is operated by the Mississippi Band of Choctaw Indians in Philadelphia. She said those working at the Silver Star Casino, also located in Philadelphia, would likely see fewer hours due to employees being transferred from the Golden Moon.

In a letter to media and supporters, Rangel called the ruling a “disappointment,” but said she didn’t regret taking the matter to court.

“We have learned an gained useful experience we could not have gotten any other way,” she said. “We want to thank our lawyer, Tim Taylor, for having the courage to represent us, which is what we need more of it we are going to fight against the atmosphere of fear within our tribe.

“What is clear from this case is we have allowed lawyers to draw up laws that hinder the constitutional right of the people to have a seat at the table, then a judge merely upholds that law,” Rangel added.

Rangel said Webb called the rules “reasonable and rational... (and) so burdensome as to conflict with the Constitution.”

“I am afraid the judge has no understanding of our people to know what would be burdensome,” she said. “He would need to know the educational background of the majority of our people who would have to abide by this Ordinance.”

Rangel concluded her letter by stating that she would consider taking the case to the Choctaw Supreme Court or a new case to address the constitutionality  of the ordinance in question.

The tribe has already begun ground work for the 27,000-square-foot casino, which is expected to feature 500 to 700 slot machines and a snack shop. The casino, which is a $17 million investment, is scheduled to open in mid-December and employ about 250 workers.



Reporter Charlotte A. Graham contributed to this story.

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