Monday, October 18, 2010

Pechanga Tribe Stymies Legal Process in Lawsuit

UPDATE:   The NCTIMES agrees that Pechanga Tribe deserves a raspberry for their childish behavior in not accepting the service of the lawsuit:

The 'Are You Being Served?' award
A raspberry to the Pechanga Band of Luiseno Indians for not allowing a process server on tribal land to formally serve them with a suit filed by the city of Temecula.

If they look like punk-ass bitches, act like punk-ass bitches, sound like punk-ass bitches, what does that make the Pechanga Council?

The city of Temecula hit an early hurdle with its lawsuit against the Pechanga Band of Luiseno Indians: The tribe won't allow a process server to enter the reservation to formally serve the suit, city officials said Wednesday.

Mayor Jeff Comerchero said he's been briefed on the situation and he said the city plans to continue to make every attempt to serve the tribe.  OP:  Might I suggess ZABASEARCH for the tribal councils's addresses?  Mark Macarro DOES NOT LIVE ON the reservation and is not in CA much of the time.

If the tribe ultimately succeeds in stymieing the city's process server, however, Comerchero said there are other options.

"We go into the court and demonstrate that (the difficulty in serving the tribe), and that should suffice," he said.  OP:  That is correct, Joe Liska has similar problems and was able to get the court to have the summons served.  The Pechanga Tribal Council, including the tyrant Mark Macarro were forced into court.

The city filed a lawsuit in federal court this month to force the Pechanga tribe to put together an environmental report that documents how new slot machines at the tribe's casino have affected the city's costs for road improvements and police service.


Anonymous said...

Maybe Joe Liska can serve Pechanga! Tell them how JOE!

Anonymous said...

This is just simple legal maneuvers to give them more time, but it does go to show how difficult it will be for the city of sue the tribe. This lawsuit will end up resulting in the biggest waste of time/money for the city, and will show the overall poor judgment of the city officials. This case will likely take years once you factor in appeals and the actual completion of the environmental impact report, which is what the city wants. Then you have to factor in that the tribe is paying someone to complete the environmental impact report, so the report will likely reflect who’s paying for it and due to the economy being slow there probably isn’t much change in the traffic to the casino, if fact it might have decreased from a year or two ago. So my point is even if the city was to win it’s not really a win. The really win is figuring out how they can get the county to sign their agreement.

Anonymous said...

Well, the city can always erect polls at every entrance to the reservation and charge $20. to get in and $20. to leave. They can make up some of the funds they are not receiving from Pechanga. It's time to try some strong-arming!

Anonymous said...

This is exactly how the Macarro led council does business. They only think of themselves and the corrupt. Their rights are more important than their own memberships. They make many decisions that will effect the tribe as a whole without even bringing to a vote, until after the ball is in motion. Macarro and corrupt et. al is the downfall of Pechanga. The county and city are preparing to show Sovereign vs. Sovereign.

Anonymous said...

It's too bad most of you are so filled with hate that you can't see past it. First, the city agreed to their agreement being effective once an agreement was reach with the county. Second, I've heard post on here saying how empty the casino has been in the last year. My point being the city knew what they were getting into, and if the casino's business is not increasing than there's really no environmental impact.

Anonymous said...

Is it not hate to unjustly terminate life long tribal members? Is it not hate to hold a Sovereign liable to another Sovereign? Is it not hate to spread lies and misinformation to justify actions that are suspicious at best?

I can see where some of our posts look hateful, but pain has a way of showing thru some misdeeds.

temec citizen said...

knows a good time for a protest in front of that dog shit casino!

temec citizen said...

Mayor Jeff Comerchero,save us!

send police

Anonymous said...

I agree that the tribe was wrong in the disenrollments, however that's not the current topic. Additionally, I do wish that the tribe would reunite as the true Pechanga/Temecula Indians. My issue is when some people on here let that cloud their judgment. This is a case where the city official agreed to something they are not happy with, and therefore the city official should be held responsible.

temec citizen said...

Don,t change the subject protest time ,why should the city get a cut before the true people ?

state ,feds, now city?

lets protest tosobols!

Anonymous said...

The Pechanga tribe is in NO hurry to wrap up negotiations with the county. As long as negotiations are 'ongoing', they won't have to pay.

Since the tribe has opened it's defense by not allowing the suit to be serviced, it's time for the City of Temecula to step up its side: A nice drunk driving stop on the eastbound side of Pechanga Parkway, just before the casino on a Saturday night, until say 9 p.m. Then one on the westbound side from 11 to 3 am.

It should net quite a few drinkers and keep Temecula safe for drivers.

Anonymous said...

tosobal are right be hind you say when and were and we will be their lets all unite its about time to show them who belongs and who does not lets see if we can get mark to say a few words ha ha protest we must NOW come one come all but just come moratorium people has 14 years been long enough its time for all to wake up and stand our ground or do you wish to wait other 14 years its time for us to stand our ground and to take what is ours let us start now come to the prostest

White Buffalo said...

Point of fact, the proposition allows for more slot machines when Pechanga has made an agreement with the local city and surrounding county.

Pechanga is in violation of California Law Pechanga has installed in part if not all the new machines, yet Pechanga is at an impasse with the county, no agreement, so any additional machines over 2000 are illegally installed and should be removed.

You mentioned hate; well it is hard to not be passionate about life changing events that hurt a lot of people. In fact the disrespect to the memory of our ancestors would cause any self and family respecting person to have an emotional response. Pechanga is wrong in what they did to my family. I will not let it go, nor will I be silenced with an accusation of hatred on my part. I believe I have written the truth about Pechanga. Pechanga will not say anything publicly citing it is an internal matternor. What they did was wrong plain and simple. They will not tell the truth That is precisely why they fought to dismiss our case all the way to the Supreme Court. The differences of opinion have never been publicly addressed.

Take the machines out Pechanga until you have come to an agreement with the county, for once do the right thing. Fair is fair.

bloody irish said...

If I stick my neck out and protest with you will I have a chance to bring my (air horn) tosobol family?

I use it at the raider football games!

Anonymous said...

First, I do agree what they did to your family is wrong; however that's not the current topic. The topic is right/wrong regarding the agreement with the city. In that case the tribe is in the right. I also want to clarify that in posting my opinion I am in no way saying you shouldn't voice your opinion or continue to fight for your right place; in fact I encourage what you’re doing.

To address your comment regarding the language of the compact: The language in the agreement between the city and the tribe is in favor of the tribe, which is why the city is trying to go back to the language in the compact. The compact identifies the need to mitigate the impact on the local government as a "project", which in past cases has meant brick and mortar types of changes, which the tribe hasn’t done. The judge will have to first define what a “project” means in the favor of the city, which may be tough. However if the court ruled under the agreement with the state that adding additional machines is a “project” then the tribe would have to do the environmental impact, which is what the city is requesting in their suit. Then if there was a significant impact on the environment the tribe would have to pay. I do wonder if anyone really believes that adding the additional machine actually added traffic to the casino. First, the economy has taken its toll on their business, and second the tribe didn’t just and new machines, they removed class II machines and replaced them with class III machines. So I would guess even if the city wins the impact report won’t be much of a win for them.

'aamokat said...

"and second the tribe didn’t just and new machines, they removed class II machines and replaced them with class III machines."

I am sure this poster meant add new machines and not and new machines.

But it is adding new machines because class two bingo style machines are not counted in the compact so they would be part of the agreement that requires agreement with the city and the county before they were supposed to be added.

I think the fair thing to do would be for the tribe to put the two million dollars into an escrow account pending an agreement with the county.

After all, they did agree to pay the city.

Anonymous said...

You are correct, I did mean "add". The glitch in all of this now is that if the city/tribe agreement was not effective when the payment was due, it's not really owed. The next trick is the legal wording of the agreement. Is the agreement for a set number of years, or is it for a period with a start date of when the agreement is reached with the county and an end date specified in the agreement. The difference will determine if this payment is actually due. If it is truly due then I think they might as well put it into escrow.
My point on my previous post and to add to your comment about the new machines still being added was that the compact, which is the basis of the city’s lawsuit, only requires payment be made to local governments if a “project” occurs. The city is facing an uphill battle with this suit; from tribal sovereignty, to having a judge change what “project” has previously been defined as, to having the environmental impact report prove that traffic to the casino has increased, which it probably hasn’t due to the economy.

Anonymous said...

Here are some average daily traffic volume stats, from the city’s website, (the first number is 2008 and the second is 2009):

Pechanga Parkway south of Rainbow Canyon Road 35962 38646 (Increase in traffic from the north);
Pechanga Parkway north of Via Gilberto 28005 30735 (Increase in traffic from the north);
Pechanga Parkway south of Wolf Valley Road 26018 27477 (Increase in traffic from the north);
Pechanga Parkway north of Deer Hollow Way 14527 13866 (Decrease in traffic from the south);
Pechanga Parkway south of Pechanga Road 8867 8484 (Decrease in traffic from the south);

So we can see from this the increase at Rainbow is about 3k but only about half drive far enough on Pechanga Parkway to get to the casino, and the decrease from the south only has a net traffic impact increase of about 800. If we take that increase over the peak traffic on the road of 38,646 that’s only about a 2% increase. Now it could be that all these cars are going to the casino but more likely the increase is related to all the new houses right across the street and the growth in the high school.

Anonymous said...

The tribe cannot be sued,the best idea here was the tollbooth.

Anonymous said...

The city of Temecula contracts with Riverside County Sheriffs, the same deputies have response requests from Pechanga, thus taking away for services that City of Temecula budgets and pays for.

Pechanga needs to fulfill is obligations. They request services too.

Anonymous said...

Can someone please explain why Pechanga owes money to the city? The new compact requires the tribe to make payments to the city to mitigate the effect of any new “projects” that have an impact on the city.
So can we at least agree that if a “project” is defined as expanding the building structural, then the city is owed no money? Also, can we agree that if the impact to the city is nothing because the number of people going to the casino has not increase, regardless of how we define “project”, then the city is owed no money?

Anonymous said...

The fact that the Sheriffs respond to Pechanga for enforcement takes away from the services Temecula pays for. Helicopters, and chase vehicles following some criminal Pechanga tribal members from the casino to the reservation takes alot of man power, and it takes away from the services Riverside is contracted to take of in Temecula.

'aamokat said...

"Can someone please explain why Pechanga owes money to the city?"

I would say if they agreed to pay by June 30, then they owe the money.

I know they are saying that the county has to sign on but if that is the case, then, as I said, they should put the money in an escrow account pending the county signing on.

At this point it seems that Pechanga has no reason to try to get the county to come aboard though so then they wouldn't have to pay anything.

One thing I haven't seen anyone answer is why should they be allowed put in additional slot machines, even to replace the bingo style machines, if no agreements are in place?

Anonymous said...

The reason they were allowed to add the machines is because the compact only calls for the agreements with the local governments to be in place as a result of new "projects". Historical "project" has meant adding to the building structurally. It is written this way because the tribe is responsible to mitigate the additional impact of the casino, because the current impact has already been paid for, over the years since the casino was built.

Now to comment on the police services and or maintenance service the city and county provide. They both still receive funding and grants from the state and federal government, which they receive in part because of the tribe and the population of tribal members. Tribal members pay taxes which end up flowing in part to the local government, so if one day the casino was gone the local governments would receive far less funding. With that in mind it is incorrect to say that casino is not generating revenue for the local governments, which goes back to the point of the compact which says the tribe is responsible to mitigate the additional impact of the casino.