The long-running controversy over the tribal casino in the San Diego County community of Jamul Indian Village has come to a conclusion thanks to the appointment of US District Judge Andrew G. Schopler by President Joe Biden. Judge Schopler ended a long legal battle by dismissing the most recent case against the casino and imposing fines on the plaintiffs after years of litigation.
Kumeyaay Native Americans’ Battle for Tribal Land
The issue began when the Kumeyaay Native Americans of Jamul Indian Village cast ballots in favor of building a casino and hotel on their tribal land in the early 1990s. A group of people who disagreed with the ruling launched a number of legal challenges, which resulted in a protracted legal dispute that lasted for years.
As reported by Courthouse News Service, Judge Schopler highlighted in his order on February 29 the irrationality of the plaintiffs’ claims, citing a history of more than 20 unsuccessful litigation marked by vacuous and unsupported claims. Judge Schopler ordered the plaintiffs to pay all legal expenses, accusing them of bringing the lawsuit in ill faith and just for harassing purposes.
The main points of contention in the lawsuit were allegations that the development of the casino had intruded into burial grounds belonging to the Roman Catholic Church of San Diego, which was reportedly its property. Judge Schopler, however, refuted these claims, emphasizing the plaintiffs’ misapplication of state law and their inability to provide evidence of unlawful transfer. In addition, he pointed out a significant legal gap: the Village was not named as a defendant, even though it was an integral party. As a tribe that has received federal recognition, the Village is immune from litigation due to its sovereign immunity.
Consequently, Judge Schopler dismissed the case and urged the plaintiffs and their attorneys to abstain from further legal action, cautioning against escalating financial penalties. Expressing optimism for a definitive resolution, he encouraged the plaintiffs to come to terms with their losses and refrain from prolonging the litigation.
A luxurious 16-story hotel with 200 rooms, including 52 suites, was added to the Jamul Casino by the Jamul Indian Village Development Corporation (JIVDC) last year. The hotel offers a variety of amenities, including a rooftop pool deck, a restaurant with panoramic views, retail stores, meeting spaces, a spa, and a fitness center.
With a pedestrian sky bridge linking them, the hotel sought to improve the whole gaming experience. After receiving a sizable loan, this expansion was in line with JIVDC’s strategic growth goal. While Mary Cheeks, the president of the casino, predicted increased competition in the leisure industry, chair Erica Pinto emphasized the economic benefits for the tribal nation and the surrounding community.
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