Ohio Attorney General Marc Dann Supports Federal Judge’s Denial Of Eastern Shawnee’s Latest Claims

July 11, 2007 -- COLUMBUS -- In an order issued on July 6th, Federal District Court Judge James G. Carr denied the Eastern Shawnee Tribe of Oklahoma’s motion to expand the scope of its lawsuit to add new claims and parties. This decision, along with Judge Carr’s earlier decision refusing to expressly approve the Eastern Shawnee’s privately-reached agreements with amenable landowners, makes clear that the agreements in question are private agreements between willing buyers and settlers, and not the settlement of valid legal claims to Ohio lands.

The Court stated: “I have refused, and continue to refuse to include any [language finding that the Eastern Shawnee have obtained land through the settlement of land claims] in any order that I would consider signing.”

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Judge Carr found that the Tribe failed to explain why it did not add these parties earlier, particularly when it had been in contact with some of the parties, such as the Village of Botkins, “[w]ell before it filed its complaint in this case.” Further, the delay is prejudicial to the interests of the majority of Ohio citizens, who are opposed to gaming, and to the political subdivisions who would be affected if “casinos are introduced into their territory. Their present absence leaves them without a voice.” “In a word, the procedural manipulation that I perceive at work here creates its own prejudice.”

Ohio Attorney General Marc Dann is pleased that the public’s interest has been protected. “Allowing these last minute changes would have done an extreme injustice to the public,” noted Attorney General Dann. “Judge Carr has done an outstanding job of seeing through the Tribe’s misleading attempts to fabricate land-claim settlements that simply do not exist.”

Attorney General Dann pledged to continue to vigorously defend against the Tribe’s claims. “Our office will continue to contest any effort by the Eastern Shawnee to misrepresent the outcome of this lawsuit,” said Attorney General Dann. “The Tribe’s real motives are clear—casino gaming. If casino gaming is ever going to come to Ohio, it will come by the will of the people and not by shady or misleading legal tactics.”

Source: Ohio Attorney General