Montini: Ducey's denounce, deny and delay war on tribe

When Gov. Doug Ducey took office he promised in his first State of the State address to cut government red tape and regulatory delays so that every commercial enterprise in Arizona could travel at what he called “the speed of business.”

He should have added…”unless I don’t like you.”

Ducey does not like the Tohono O’odham Nation.

At least he doesn’t like the tribe’s Desert Diamond Casino West Valley, located near the big entertainment district in Glendale.

The tribe has faced nothing but legal and bureaucratic red lights, speed bumps, spiked “stop sticks” and roadblocks from the state.

Still, the facility opened.

The state couldn’t prevent that from happening after having lost to the tribe in court and with federal agencies somewhere around 20 different times.

But with backing from Ducey the state has done everything it can to slooooooow down the casino’s development process.

First, the governor strong-armed the state’s Department of Gaming into not working with the Tohono O’odhams to certify the operation as a Class III casino, despite a federal court ruling that gaming at the facility was permitted under the tribal-state gaming compact.

The governor and many members of Arizona’s congressional delegation want that ruling overturned.

They’re angry because tribe built the casino on property outside its traditional reservation boundaries. The Tohono O’odham were able to do so after the federal government compensated the tribe for land lost in a flood project.

Ducey and others have accused the tribe of “fraud” for going outside the lines of traditional boundaries to build the casino.

What the governor and others are unwilling to admit is that the Tohono O’odham’s lawyers simply outsmarted the government’s lawyers.

They’re really angry about that.

In public speeches Ducey has promised to “use every constitution power” he has to “ensure Arizona continues to grow jobs, not destroy them.”

Except, it turns out, for the Tohono O’odham.

The casino is operating as a Class II facility. If and when it becomes a Class III facility – which the state opposes -- the number of jobs is expected to grow by a few thousand.

More jobs means more tax money.

This isn’t about economics, however. It’s politics.

The state is even nitpicking with the casino’s requested liquor license. Stalling the process. Trying to deny it even though Tohono O’odham Gaming Enterprise already has four liquor licenses the state, all in good standing. And even though dozens of businesses within a mile of the casino have licenses.

A poll by Moore Information, Inc., showed that nearly 60 percent of Arizona voters support the casino.

According to Andy Asselin, CEO Desert Diamond Casinos, the response he’s gotten from regular folks and customers has been heartening.

“The outpouring of public support for our casino in just the first three months has been overwhelmingly positive, just as it has been the entire journey,” he said. “The community has embraced us and the new facility. Over 500 new jobs have been created and plans to create more than 2,500 more jobs as we continue to grow and expand.”

Tribes operating other casinos in the state have been pushing politicians to oppose the Tohono O’odham, although I’d guess that if any one of them had been clever enough to build a Desert Diamond Casino West Valley of their own they would have done so in a heartbeat.

Desert Diamond’s Andy Asselin said, “As a self-proclaimed supporter of business it seems incomprehensible that the governor and his administration would try and stop positive business development in the West Valley.  However, after months of obstruction and unnecessary delays, it is clear that this is exactly what they are doing."

In this particular instance, the “speed of business” is … stop.