Menominee Take Quest for Fair and Lawful Kenosha Project Review to Court

Not surprisingly, the Department of Interior – at the direction of Secretary Dirk Kempthorne, a well-known opponent of off-reservation gaming – has denied the Menominee Tribe’s request to temporarily suspend review of the proposed Kenosha casino until a new Administration takes office.

Now the Tribe is taking the next step – in court.

November 7, 2008

Dear Supporters and Friends:

Late last month, we told you that the Menominee Indian Tribe of Wisconsin had formally requested that the Department of Interior temporarily suspend its review of our proposed Kenosha casino. We had learned that Interior Secretary Dirk Kempthorne was looking to reject our long-pending Kenosha application based on his personal opposition to off-Reservation gaming, and we asked that further review be postponed until a fresh Administration takes office.

The Department has denied our request. As a result, we are taking stronger action.

The Menominee Tribe today filed a federal lawsuit asking a judge to halt the flawed federal review process for the Kenosha project. The lawsuit alleges that Department officials have improperly changed the rules for approving off-Reservation casinos based on Secretary Kempthorne’s personal views. It asks a judge to declare those changes invalid and prevent the Department from using them to reject our application.

The decision to take legal action against the Department was difficult, but we believe it is the best opportunity to make this job-creation and economic development plan a reality for our Tribe, for Kenosha and for Wisconsin. Our trust application is thorough, well-documented and complete. It has the strong support of the local community and the solid recommendation of the Department’s professional staff who say it meets every point of law required for approval.

The Menominee have worked in good faith with the Department for nearly five years, but the Department is not working in good faith with us. Even after we showed how our project fits Secretary Kempthorne’s new rules, we learned from his people that it didn’t matter, he was going to reject the application anyway. That’s illegal, unfair and unacceptable.

Please know that the Menominee Tribe greatly values the strong support the Kenosha and Southeast Wisconsin community have given our project and our Tribe – that’s one of the reasons we are doing everything we can to make the Kenosha casino happen. We believe the court will agree with our position and ensure a fair and honest review of our proposal based on the law. And we are confident that if our project gets a fair and lawful review, it will be approved.

Lisa Waukau, Chair

Laurie Boivin, Vice Chair

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