SENECAS PLAN TO START WORK TODAY ON SITE OF THEIR CASINO
Tom Precious, Buffalo News, 9/18/2002
ALBANY - A week after giving a tour of its planned casino development to a prospective billionaire investor from Malaysia, the Seneca Nation of Indians today will formally begin work to transform the Niagara Falls Convention Center into a Las Vegas-style gambling facility.
Officials said Tuesday the Senecas are going ahead even though the
federal government is weeks, if not months, away from deciding the
plan's fate. The work also comes before the property's ownership has
even been transferred from the state to the Senecas.
The Senecas and Pataki administration, which signed the casino deal,
tasted victory in court Tuesday in Albany, where a state judge refused
to block the two sides from signing papers transferring the title of the
convention center from the state's Empire State Development Corp. to the
Senecas.
The property transfer, along with $24 million in existing debt on the
facility, is expected by next week.
State Supreme Court Judge Joseph Teresi denied a request from a group
representing religious, business and legislative interests that the
transfer of the convention center not take place before the U.S.
Department of the Interior decides if the casino plan abides by federal
law. State lawyers on Tuesday told Teresi that the land transfer would
be signed, but held in a a type of escrow until the federal government
issues its ruling.
But Teresi did leave a window open to the group - which includes a
Buffalo-area minister and a state lawmaker from Jamestown ruling it
could return to the court and seek to block the transfer after the
Senecas and Pataki administration sign the ownership paperwork. Teresi
ordered the state to appear before him Oct. 4 to explain why the
transfer should not be halted.
The process of federal approval has formally begun, Seneca officials
said Tuesday.
Beth Kelly, a Seneca spokeswoman, said the tribe last Tuesday submitted
the compact signed by Seneca President Cyrus Schindler and Pataki to the
Interior Department.
The Senecas believe they have a special "fast-track" status and should
get a decision from Washington within 60 days. Critics, however, say the
Niagara Falls site is not a part of Seneca aboriginal land and,
therefore, the casino plan must go through a much longer deliberation
process.
The Pataki administration said Tuesday there are no guarantees that
Washington will be giving special fast-track consideration to the Seneca
casino plan.
Officials with the U.S. Bureau of Indian Affairs did not return calls
for comment.
Casino critics say the Pataki administration and Senecas are wrong to
begin building the casino before the federal government makes a
decision.
"I think it's absolutely absurd for the state to permit this to occur
before anyone knows if this will ultimately be legal," said Cornelius
Murray, an Albany lawyer representing the group that is suing to
overturn the 2001 law that permits a massive expansion of gambling by
Indian tribes, racetracks and the state lottery.
"It makes me wonder whether the deal is a foregone conclusion," Murray
said of the Justice Department application by the Senecas and the state.
Kelly said the Senecas expect to sign the ownership transfer papers with
the state for the Niagara Falls Convention Center within the next day or
two. The Pataki administration said the Senecas and the state have
mutually agreed to extend the terms of the compact - which calls for
transfer of the convention center to the Senecas within 30 days after
Pataki and Schindler signed the document - until Monday.
The Senecas defended the decision to move ahead with obtaining the
convention center and beginning work there while the federal decision is
pending.
"If they wait until they have approval, then every day the casino is not
open it is costing them tens of thousands if not hundreds of thousands
of dollars in revenues. That's the main impetus," Kelly said of a push
to have the casino ready soon after the Interior Department rules.
Kelly said the Senecas realize they are taking "a certain amount of
risk" on a project that has not yet been OK'd. "They're not thumbing
their nose at the federal government in any way, but they are taking the
steps within their power in order to maximize their ability to take
advantage of this opportunity," she said.
Kelly said the Senecas will not open the casino until the federal
government approves the arrangement.
Suzanne Morris, a Pataki spokeswoman, said the administration believes
"the real estate transfer is not contingent upon the Department of
Interior approval of the gaming compact." She could not immediately say
what would happen to the land transfer if the casino deal is rejected by
Washington.
An Arizona lawyer active in halting other Indian casino deals and who
has been monitoring the Seneca developments said Pataki is treading in
dangerous legal territory by moving ahead without federal approval.
"The governor is ceding away the land of New York State. He is giving
away the state of New York, and that's not part of his constitutional
job description," said Alexis Johnson.
The Senecas have talked of spending upwards of $100 million to have the
convention center ready to open in January.
e-mail: tprecious@buffnews.com
'SILENT ADDICTION' OF TEEN GAMBLING AIRED
Cintia Furtado, Buffalo News, 7/20/2002
In 1997, a young Long Island man, depressed over owing more than $6,000
in gambling debts, was shot to death by two police officers after he
repeatedly threatened them with a handgun that turned out to be a toy.
Local experts on teenage gambling fear the coming of casino gambling to
Western New York may result in more young people in that same kind of
desperate situation.
"Awareness and education about the problem will enhance the quality of
life of the community, because every day teenagers are more and more
seduced to gamble," said Dr. Robert Schulman, head of pediatrics at
Buffalo General Hospital. Schulman helped conduct a program Friday on
teen gambling for employees of Children's Hospital.
Renee C. Wert, director of the Gambling Recovery Program at Jewish
Family Service, said teens should not gamble because they often are just
too young to think clearly about their behavior.
A recent study showed that 86 percent of the state's teens have gambled
at least once in their lives and 75 percent have done so within the past
year, even though all forms of gambling are illegal for teens. The
study also found that teen problem gamblers are more likely to use
alcohol, tobacco and marijuana and to have gotten into trouble as a
result.
"Kids have been exposed to gambling like no generation in the past. It
has been more socially acceptable, and there are more opportunities
available such as card games, sporting events, Off-Track Betting and
instant scratch-off tickets," Wert said.
"People are now aware that when you go to the store, there are signs
warning people that they will have to show ID to purchase alcohol and
cigarettes, but there are no signs for lottery tickets. Teenagers
should be 18 years old to
gamble, and the same goes for (Off-Track Betting)," she said.
Wert said family influence is an important factor in whether teens will
be tempted to gamble because the first gambling experiences usually
involve friends and family -- and come at an average age of 12.
She said parents should be aware of the possible symptoms of teenage
gambling addiction. These include showing excessive interest in sports
-- meaning the teen blows up when a game's results were not what he had
hoped -- spending a lot of money on sports magazines and using gambling
language.
Other warning signs are calling 900-exchange numbers for results of
games before they appear in the news; receiving phone calls from
strangers, who could be bookies; and talking about becoming professional
gamblers, Wert said.
"Teenage gambling is a very silent addiction, and the more health
professionals know how to recognize the symptoms, it will help addict
teens in risk and their family to go into treatment," said Barbara
Traver, an addictions specialist. "Today's kids were born in a time
when the lottery was born, and it is morally acceptable, so they cannot
make the distinction."
Internet pop-up ads and junk mail are easy ways for teens to gamble at
home using their parents' credit cards. Though Internet gambling is
illegal in the United States, it has been estimated as a $1.6 billion
business in 2000
and projected to grow to $5 billion by next year.
"I think it is frightening that there are many opportunities for
teenagers to gamble in our society," said Dr. Frederick C. Morin III,
chairman of pediatrics at Children's.
Wert said gambling should be considered an addiction, with money the
drug. Parents, he said, should be aware of the problem and not be afraid
to use group treatment such as a 12-step program.
e-mail: cfurtado@buffnews.com
NO SMUDGES IN BUS DRIVER'S PAST
Donna Jackel - Rochester Democrat and Chronicle, July 7, 2002
Police say William John Hovan Jr., 59, gambled for two consecutive days,
getting only 3 1/2 hours of sleep, before sliding behind the wheel of
the Arrow Line bus and heading east on a seven-hour trip from Niagara
Falls to Waterbury, Conn.
The bus swerved erratically and crashed near Exit 45 in Victor, a little
over an hour into the trip, crushing passengers beneath it as it rolled
down an embankment. Police say Hovan apparently fell asleep at the
wheel.
Hovan told police he had won $4,000 his first night gambling at Casino
Niagara, only to lose it all later in the weekend.
Forty-four passengers were aboard the bus, including several children.
Nearly all 39 surviving passengers sustained injuries.
One of the passengers, Ruth Restituyo, 30, walked up the aisle of the
bus and asked Hovan to pull over because he was falling asleep,
passengers said. Seconds later, while she was returning to her seat, the
crash occurred. She was one of the five who died.
Passengers said several people warned him to stay awake, even telling
him to stop if he was sleepy and offering to drive.
Hovan spoke briefly to a reporter in a parking lot in Trumbull, Conn.,
last week, where he was seated behind the wheel of a black Grand
Cherokee, smoking a cigarette. He is in Connecticut while New York State
Police complete their investigation. He has not been charged.
Ontario County District Attorney Michael Tantillo said he was awaiting
test results and expected the case to go before a grand jury "sometime
this month."
Hovan has been suspended from his job without pay.
"I have no comment," he said, adding that he was en route to a doctor's
appointment. A jagged line of stitches could be seen on his left
forearm. "My lawyer told me not to talk."
Rochester lawyer John Speranza, who is representing Hovan, declined to
comment, saying that he has not yet interviewed his client.
Differing views
Interviews about Hovan with people from Connecticut who know him
contrast sharply with the recollections of passengers aboard the bus.
Robert Galello, 52, director of the Galello-Luchansky Funeral Home in
Stratford, which is near Trumbull, said he and Hovan have been friends
for 35 years. The two belong to the same men's organization, Galello
said. He declined to name the club but said it is similar to the Rotary.
Galello said he was shocked to learn of the accident.
"It's not for me to judge," said Galello, who said he considers Hovan,
whom he calls "Billy," one of his best friends.
"I think it's tragic for him and his family and for the victims' families."
He said Hovan has difficulty expressing his emotions. "That's a shame
because he's the sweetest guy," Galello said. "He's a true friend."
As an example of Hovan's considerate nature, he said, "He'd call me up
to say hello and say, 'I can see you're busy. It's nice to see you're
successful.' "
Galello said he hasn't spoken with Hovan since the accident.
"If he was in front of me right now, I'd hug and kiss him," he said, his
eyes tearing up.
A cousin, Veronica Ivanovich of Stratford, described him as an outgoing,
courteous boy who was close to his parents.
"I haven't seen him in a long time," Ivanovich said. "He grew up in a
nice family and was doted upon by his grandmother. He was a nice kid who
was never in any trouble at all."
As a youth, Hovan lived in Bridgeport, Conn., and had a stepsister,
Ivanovich said. She doesn't believe he attended college.
Ivanovich said she is not aware that Hovan ever had a gambling problem.
Andre Rivera Jr., 27, one of the passengers injured in the bus accident,
saw a different side of Hovan.
"On the way up (to Niagara Falls) he spoke rudely to us," said Rivera,
the uncle of Jazmine Santiago, 15, one of those who died in the
accident.
On the drive home, Hovan was smoking on the bus, Rivera added. "At one
point, he told everyone to shut up. He was on his cell phone," Rivera
said.
Clean record
No one in Connecticut provided any evidence that Hovan is a compulsive
gambler.
Experts on compulsive gambling say the progressive illness usually
affects at least one major area of the addict's life -- his finances,
employment or personal relationships.
None of those problems appears to have emerged for Hovan before the
accident.
A check of public records shows that Hovan has never filed for
bankruptcy or been involved in any other action in federal court. He has
not had any judgments or liens against him and never had a lawsuit filed
against him in state court. He has not appeared in criminal court in
Connecticut or been arrested in his home state.
"He is not known to our department. We've had no contact with him," said
Deputy Chief Joseph A. Edwards of the police department in Trumbull,
where Hovan has lived for about 29 years.
He's been married to the same woman, Elizabeth M. Hovan, for 35 years.
It is impossible to know for certain, based upon behavior displayed
during one weekend, whether someone has a gambling disorder, said
Kenneth Conner, an assistant professor in the University of Rochester's
psychiatry department who specializes in addiction.
Winning and losing $4,000 in one weekend is noteworthy, Conner said.
"That's a tremendous amount of gambling," he said. "Most people, unless
they're wealthy, wouldn't get into that kind of money that quickly. It
certainly suggests he has a gambling problem, but it's impossible to
know without interviewing him or others who know his background."
Like a junkie's high, compulsive gamblers experience a thrill from
betting, often needing to wager higher amounts of money to reach the
same level of excitement, Conner said.
"It's an urge that is very difficult to manage or relieve," he added.
For Hovan, the urge to gamble at Niagara Falls was apparently so strong
that he ignored a federal rule that commercial drivers get at least
eight hours of rest before driving.
Sleep deprivation caused him to fall asleep behind the wheel, police
said.
Police said Hovan will probably be charged with manslaughter in the
deaths of Santiago; Restituyo; Alex Blondet, 16; Maikel Mota, 29; and
Eneroliza Polanco, 29.
According to the Connecticut Department of Motor Vehicles, Hovan has
held a valid Connecticut commercial driver's license since 1992.
He has received two citations for traffic infractions: one in 2000, for
failing to drive in the right-hand lane; and another in March for
failing to wear a seat belt. It is unclear whether the March ticket was
issued while he was operating a bus, said department spokesman Bill
Seymour.
Hovan has worked for Arrow Line since Oct. 8, 1997, said Jennifer
Webster, a spokeswoman for Coach USA, Arrow Line's parent company. He's
been a bus driver for about 30 years.
The Arrow bus company itself has a satisfactory safety record, according
to the Federal Motor Carrier Safety Administration.
Fifty-four of its drivers have been checked over the last two years and
one was taken off the road, according to the agency. The company has not
had any crashes in the last two years, the agency said.
Longtime resident
Hovan and his wife have no children. They have lived in Trumbull since
at least 1973.
The Hovans own a white colonial home, assessed at $265,000, in an
upper-middle-class neighborhood. The large homes on Huntington Turnpike
lie on one-acre lots and the road is heavily trafficked, which neighbors
say makes it difficult to get to know one another. None of Hovan's
adjacent neighbors said they knew him.
In a nondescript shopping plaza on Main Street, near the Stratford town
green, stands Hovan's Flowers Inc. The small shop was incorporated by
Hovan's father, William Hovan Sr., and his uncle, Joseph Hovan, in 1957.
Elizabeth Hovan, who goes by the nickname "Bunnie," now runs the business.
She declined to be interviewed for this story.
Elizabeth Hovan appears to be well-known and respected in Stratford --
and within the florist industry. She is a member of the board of
directors of the Connecticut Florists Association and was 1995
Connecticut Florist of the Year. For years, she has decorated the
19-room Connecticut governor's mansion in Hartford at Christmas time.
The Hovans and the families of the victims are not the only ones shaken
by the fatal bus crash.
"It's a tragic thing. We're all pretty sick over it," said a 13-year
veteran bus driver at Arrow Line, who asked to remain anonymous.
Getting eight hours' rest before driving is a cardinal rule, said the
man, who works out of Arrow Line's East Hartford office.
"It's a driver's worst nightmare -- falling asleep behind the wheel and
killing someone," he said.
E-mail address: djackel@DemocratandChronicle.com
Includes reporting by Steve Orr and Joseph Spector.
WASHINGTON - While dismissing the Seneca Nation's claim to Grand Island
last week, a federal judge also might have made it tougher for the tribe
to quickly open casinos in Buffalo and Niagara Falls. In his land claim
decision, U.S. District Judge Richard J. Arcara questioned whether the
Niagara Frontier was really the Senecas' aboriginal land.
The Senecas assume that it is - and that is the basis for their seeking
quick federal approval for their casinos.
"This knocks that approach out of the box," said Rep. John J. LaFalce,
D-Town of Tonawanda, a leading opponent of a Buffalo casino.
He suggests that Arcara's land claim decision could force the Senecas to
face a time-consuming federal study of the casinos' community impact.
Other lawyers familiar with the casino issue and the Grand Island land
claim agreed, saying Arcara raised a new wrinkle that could make federal
approval of the casinos more arduous.
At issue is an arcane provision in the law that Congress passed in 1990,
renewing land leases in the Seneca-owned City of Salamanca.
That provision allows the tribe to buy "lands within its aboriginal area
in the state or situated within or near proximity to reservation land."
State and local governments have 30 days to comment on the removal of
such lands from their tax rolls, and then the secretary of the interior
has 30 days to determine whether the land acquisition should go forward.
The Senecas plan to rely on that provision to buy land for casinos in
Buffalo and Niagara Falls.
Such purchases are usually subject to a much tougher federal review
process. But last summer, the Senecas' attorney, Barry Brandon, said,
"By law, we are entitled to a very quick turnaround."
But the Senecas are not entitled to a quick turnaround if the casino
land is not really in their aboriginal territory.
Many people think it isn't.
In fact, New York State - which has partnered with the Senecas on the
casino deal - argued in the Grand Island case that the Niagara Frontier
is not the Senecas' aboriginal land.
Citing research by Canadian historian Alex Von Gernet, the state said
the Senecas' homeland was 60 to 70 miles to the east, in the Genesee
River valley.
Back in the 1600s, a tribe called the Neutrals inhabited what's now the
Buffalo metropolitan area. The Senecas slaughtered the Neutrals in 1651,
but the state contends that that wasn't enough to turn the area into the
Senecas' aboriginal territory.
Courts have defined aboriginal territory as that belonging to tribes
since "time immemorial."
"Simply put, the Senecas were not early inhabitants of the Niagara
Frontier," the state argued in its brief in the Grand Island case.
In his decision, Arcara essentially agreed with the state's argument.
"Unlike the other Indian land claim cases in New York, this is not a
case involving an Indian tribe's ancestral homelands," Arcara wrote.
"The Seneca Nation's ancestral homelands were located in the Genesee
Valley, not in the Niagara region, and certainly not in the Niagara
Islands."
While Arcara's decision doesn't directly apply to the casino matter, it
could have a huge indirect impact in one of two ways.
Impact of court ruling
First, the Department of the Interior might be more reluctant to
rubber-stamp the casino land transfer after Arcara's decision.
"With this tossed in, the Department of the Interior would have to be
crazy to do that," LaFalce said.
Second, if the feds do quickly approve the land transfer, the Arcara
decision gives opponents of gambling more ammunition to take to court to
fight the casinos.
"Historically this has been treated as aboriginal land," said Jennifer
Coleman, an attorney who fought the Salamanca lease deal in court.
But if it's not, she said, "it throws the statute wide open."
Neither Brandon nor Arlinda Locklear, the Senecas' land claim lawyer,
returned calls seeking comment on the matter.
Other sources said the Senecas might have alternative arguments that
would allow them to get a quick federal approval. For one thing, the law
approving the lease deal includes that vague phrase allowing the Senecas
to quickly buy land "situated within or in near proximity to former
reservation land."
The Senecas could argue that that phrase gives them the right to buy
land in Erie and Niagara counties, on the theory that it's in "near
proximity" to its reservations.
Then again, if the Department of the Interior or the courts rule that
the Senecas can't get the land transfers quickly approved under the
Salamanca law, the tribe would have to take the much slower approach
included in the Indian Gaming Regulatory Act.
Public opposition a factor
Under that law, a tribe must prove that an off-reservation casino would
be in the best interest of the tribe and would not be detrimental to the
surrounding community. Getting such approval can take years.
Public opposition would play a much stronger role under that more
stringent review process. And there is substantial opposition in Erie
County: A Buffalo News poll recently showed that more than half of Erie
County residents oppose an Indian-run casino in Buffalo.
In contrast, Niagara County residents supported such a casino there.