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Seneca Nation

New York and Seneca nation agree on short-term extension on gambling agreement

By Press Release

Press release:

Governor Kathy Hochul and Seneca Nation of Indians President Rickey L. Armstrong, Sr. today met in Buffalo and signed an extension of the current gaming compact between New York State and the Seneca Nation of Indians, which expires December 9, 2023. The extension runs through March 31, 2024 and will automatically renew unless one of the parties decides not to renew it or a new gaming compact is agreed upon. The terms of the compact are unchanged from before, and both sides will be meeting again in the coming weeks to continue negotiations on a long-term compact. 

"Today, I returned to Buffalo to meet with President Armstrong and memorialize an extension of the current gaming compact to ensure the State and Seneca Nation can continue working towards a long-term resolution," Governor Hochul said. "With the signing of this agreement, there is important momentum for negotiations around the compact. I remain committed to working with President Armstrong and the Seneca Nation in finalizing an agreement that is fair to all parties, and I look forward to more conversations in the coming weeks and months as we continue to meet."

Seneca Nation of Indians President Rickey L. Armstrong, Sr. said, “Over the last several weeks, our discussions with New York State, including face-to-face meetings with Governor Hochul, have centered, in part, on the potential extension of our current Compact, especially as the December 9 expiration gets ever closer. As a result of those discussions between our governments, the Seneca Nation and New York State have agreed to a short-term extension of our current Compact. As important, we have agreed to continue negotiations on a new Compact. This short-term extension will provide additional time for our governments to complete Compact negotiations and to seek all necessary approvals in accordance with Seneca Nation, New York State, and federal law. Under the extension, our three gaming properties will continue to operate without interruption, alleviating any concerns about potential impacts on our thousands of casino employees, which was a priority for the Nation. In our discussions, Governor Hochul has expressed a desire to reset the relationship between our governments. No issue is of greater importance to the economies of Western New York and the Seneca Nation than a fair Compact. Tens of thousands of individuals, families and businesses across Western New York depend on an agreement that secures the significant jobs, business opportunities, and economic benefits the Seneca Nation delivers to the Western New York economy. The short-term extension of our Compact is an important step, but even more important work remains to be done. The Seneca Nation remains committed to negotiating honestly and directly with New York State on a Compact that provides a fair and equitable economic and competitive environment for our gaming operations and the many people who depend on them.” 

Borrello calls out governor for failing to forge new gaming pact with Seneca Nation; hints of 'extension'

By Mike Pettinella
George Borrello

Calling it a “failure of the governor’s office and her team,” State Sen. George Borrello (photo at right) voiced his frustration earlier this week with New York’s inability to forge a new gaming agreement with the Seneca Nation of Indians.

The contract, officially known as the Seneca Nation Compact, expires on Dec. 9 -- just 15 days away.

Gov. Kathy Hochul and Seneca Nation leadership thought they had a preliminary deal five months ago, but that was quashed by state lawmakers when it was learned – after the fact -- that the new compact terms included placement of a Seneca Nation-operated casino in Rochester.

Since then, there hasn’t been any news about the status of a new contract, and Borrello, along with other local politicians, isn’t happy about it.

“I've heard that they're trying to sign some kind of an extension,” he said by telephone on Monday. “But really, this is a failure of the governor's office and her team to not negotiate in a timely manner.

“There have been just many broken promises, agreements in principle where the governor backed out. It's just that the governor's team has not been negotiating in good faith. And we've been trying to bring light to the fact that they need to come to the table in good faith.”

Borrello said that once the deadline passes (barring an extension), Seneca Nation has no obligation to pay out any funds to the state because the contract will have expired.

“It really behooves the governor to fix it immediately,” he added.

Borrello, noting that the original compact was signed in 2002, said New York State “changed the rules of the game and pulled the rug out from underneath the Seneca Nation when they created three state-run casinos.”

“And you have sports gaming now, which wasn’t in place then,” he said. “New York State has saturated the market, and that has had a negative impact on revenue. So, I don’t think the previous contract is fair in light of the new situation.”

Per the original compact, the Seneca Nation pays 25 percent of its revenues on slot machines and other games to the state in exchange for the right to offer gaming west of Route 14.

The Seneca Nation currently owns and operates three casinos: the Seneca Niagara Casino & Hotel on the Niagara Falls Territory in Niagara Falls, New York; the Seneca Allegany Casino in Salamanca on the Allegany Territory; and the Seneca Buffalo Creek Casino in downtown Buffalo on the Buffalo Creek Territory.

Borrello represents the nation’s interests in Allegany and Cattaraugus territories.

According to a published report in The Buffalo News, the Senecas had agreed to pay 19.5 percent of revenue on slot machines to the state, but only if a Rochester casino was included. Now, they are seeking a lower rate.

A call to Rickey Armstrong, Seneca Nations president, was not returned.

Henry Wojtaszek, president and chief executive officer of Western Regional Off-Track Betting Corp., which is based at Batavia Downs Gaming, said he agreed with Borrello that the market is oversaturated and is supporting the Fair Compact for All coalition that is representing gaming, organized labor, and community interests across the Finger Lakes and Western New York regions.

Members of the coalition, which includes Batavia Downs Gaming, del Lago Resort & Casino, Finger Lakes Gaming & Racetrack and Hamburg Gaming, said their goal is to ensure a transparent and equitable process as New York negotiates a new gaming compact with the Seneca Nation.

“We’ve combined to at least get the message out that we think a further gaming facility in the Rochester/Monroe County area would be oversaturating the market,” Wojtaszek said. “This would not be a good thing for the employees, it wouldn’t be a good thing for the communities and it wouldn’t be a good thing for the municipalities that receive funds (from earnings at Batavia Downs and elsewhere). It’s oversaturated even according to the state’s own studies that they’ve commissioned.”

Borrello said that even if an agreement is reached prior to Dec. 9, there are several hurdles to cross before ratification.

“Whatever agreement is reached, it has to be approved by the New York State Legislature,” he explained. “And it has to be approved by a vote of the people of the Seneca Nation, and it has to be approved by the Federal Department of Interior.”

Borrello calls for Hochul to meet Seneca Nation on gaming compact

By Press Release
Sen. George Borrello

Press Release:

Sen. George Borrello renewed his call for Gov. Kathy Hochul to meet with Seneca Nation of Indians President Rickey Armstrong Sr. as soon as possible to negotiate a new gaming compact before the current agreement expires on Dec. 9. 

Borrello noted that he sent a letter to the Governor on Sept. 20, urging her to start negotiations before time ran out. Since then, another month has passed with no action.  

“The clock is ticking on the expiration of the current compact with just 52 days left. As the only New York State official who can approve a gaming compact between the state and the Seneca Nation, it’s imperative that Hochul agree to a meeting with President Armstrong,” Borrello said. “President Armstrong has repeatedly asked the governor to sit down with him and negotiate an agreement in good faith that is fair and addresses the needs of all parties, yet she continues to avoid the bargaining table.”   

Borrello noted that any agreement would need to be approved by the state Legislature and the people of the Seneca Nation before it can be sent to the Federal Department of Interior for review and final approval.   

“This agreement is essential for the economic well-being of Western New York. The Seneca Nation’s casinos have a $1 billion annual impact on our economy. The livelihoods of tens of thousands of individuals, businesses, and families across Western New York depend upon a new compact. The future of those New Yorkers is hanging in the balance,” Borrello said.  

Hochul had recused herself from the negotiations, arguing her husband’s business ties with Delaware North could lead to a conflict of interest. William Hochul left Delaware North on Aug.15, and Hochul issued a statement saying she was no longer barred from the gaming compact negotiations.  

“Now that the governor is no longer recused, there is no reason for her to delay meeting with President Armstrong,” Borrello said. “Time is running out. We need to get this done.” 

Borrello’s district encompasses both the Allegany and Cattaraugus territories of the Seneca Nation of Indians.

“The Seneca Nation territories and its residents are within the 57th Senate District, so this issue is a priority for me. Seneca Nation members and businesses are a significant part of our lives and culture, and I am proud to represent them in the State Senate,” Borrello said. “Their world-class gaming facilities and resorts are an important part of the hospitality and tourism economy of Western New York.  The people of the Seneca Nation deserve a fair and equitable compact.” 

The original Seneca Nation Compact was authorized in 2002. The agreement cleared the way for the development of three Seneca casinos in Western New York.   

Terms of the compact included the Seneca Nation paying 25 percent, approximately $100 million per year, of the slot and video lottery machine revenue from the casinos to the state, with a portion of that money directed to each casino’s host city. In return, the compact granted the Seneca Nation exclusive rights to operate Class III casinos in Western New York.  

Zambito takes seat on WROTB board of directors; CEO provides update on Seneca Nation compact extension

By Mike Pettinella
Zambito and Wojtaszek
Charles Zambito, left, and Henry Wojtaszek at this morning's Western Regional Off-Track Betting Corp. board of directors meeting at Batavia Downs Gaming. Zambito is representing Genesee County on the board, replacing Richard Siebert, who resigned last month. Photo by Mike Pettinella.

With no one representing the “power block” of Erie and Monroe counties and the City of Buffalo, this morning’s meeting of the Western Regional Off-Track Betting Corp. board of directors was absent of any official business.

Instead, 12 of what in time will be 17 directors received updates on the various WROTB departments and listened on as Henry Wojtaszek, corporation president and chief executive officer, and Dennis Bassett, representing the City of Rochester, discussed the situation surrounding the potential placement of a full casino in the Flower City.

The City of Buffalo, along with the counties of Monroe, Erie, Cayuga and Schuyler, have yet to appoint their board members in light of a New York State-imposed directive to disband the previous board and change the voting parameters from a one-municipality/one-vote format to a weighted system based on population.

Since most of the voting power is in the hands of Buffalo and the two large counties west and east of Genesee, the board today did not have a quorum to conduct any business.

The 12 directors in attendance are holdovers from the previous board, except for Genesee County’s representative, former County Court Judge Charles Zambito. The Genesee County Legislature, in May, appointed Zambito to replace longtime board member Richard Siebert, who resigned after learning of the structural changes.

Speaking to The Batavian after the public portion of the meeting at Batavia Downs Gaming, Zambito said he’s had his eye upon joining the board for quite a while.

“It goes back to maybe part of my background (as) my family has been involved with the horses (harness racing) for years. And I spent time as a kid here -- sitting in the kiddie stands,” Zambito, 71, said. “I think it’s an important asset that we have, not just in Genesee County, but the whole area.

“It’s always been in the back of my mind to serve on the board. When Dick Siebert decided to leave, I’d be interested in doing it.”

When it was mentioned that he was coming in at a crossroads, so to speak, Zambito said, “Yeah, it’s going to be interesting.”

“Well, I’m a little concerned about the changes that were made, I mean. Obviously, it doesn't help Genesee County in the sense of the voting power or lack of power that we have. But you know, it could work. We'll see how it goes,” he said, adding that he found it strange that nobody was there representing all of the municipalities. “It’s not a good situation if you can’t operate as a board.”

Zambito briefly commented on the prospects of legal action by the rural counties which had their voting strength diminished. County Legislature Chair Rochelle Stein has said that Zambito’s legal experience was a factor in his selection.

“I've heard that there that there may be (litigation), but as of now, I'm not part of it,” he said. “So, I don’t know exactly what’s going on. But I think that was from our legislature’s point of view. We’ll see how it goes.”

An Elba native and resident, Zambito was the county attorney for 10 years prior to becoming a judge. He also served on the Genesee County Legislature, was an assistant district attorney and has been a lawyer since 1977.

CEO PROVIDES SENECA NATION UPDATE

Wojtaszek said the state Assembly finished its business for the year on Wednesday night, and lawmakers returned home without considering a bill to extend the gaming compact with the Seneca Nation, which would have included the placement of a casino in Rochester. He bemoaned the fact that negotiations took place by the governor, Senate speaker and Assembly leader without the input of local and regional stakeholders.

“That bill was passed by the Senate, but nobody really knows what’s in it other than some tidbits, such as the Senecas would pay 9.75 (percent in taxes) the first year, and contrast that with what we pay, 49 percent (to the New York Gaming Commission),” Wojtaszek said. “And even over the next 19 years, that would be 19 percent, and contrast that with our 49 percent.”

He said that Batavia Downs joined forces with union employees from Finger Lakes and Del Lago to protest the proposal during a rally in Rochester.

“It would clearly affect our businesses; certainly, reduce the employees that we have here … and, if you think about it, would probably mean the end of Batavia Downs,” he added. “If you lose 50 percent of your jobs, we do have fixed costs here. We put together a really nice package in terms of doing the construction of a hotel. You can't really keep up with that if you're going to lose half of your staff and can't that handle the people that are coming in here.”

Wojtaszek said if and when this issue resurfaces, he hopes that for more transparency in the process – calling for public hearings and an economic analysis, among other things. The current compact with Seneca Nation expires at the end of this year.

He also found it “incredible” that the state Senate voted overwhelmingly in favor of the bill (59-4) without knowing all of the details.

“Now, the City of Rochester and the County of Monroe have weighed in – and maybe there are some places in the county – and it certainly seems as though the city is not interested in having it sited … They didn’t see the benefit from it,” he said.

Bassett emphasized the importance of supplying Monroe County and Rochester leaders with accurate data to take the emotional angle out of the picture.

“We have to be really prepared to provide the data,” he said. “I know that Rochester is pushing back because of all the … the elevated amount of crime in Rochester. The last thing we need is a gathering place such as this (but) I’ve got to believe this is years off, it is going to happen at all.

“But I think the leadership in Monroe County and Rochester is more irritated because you're going to do something in my backyard, and you don't tell me that you're coming. That is really the rub. At least, show me the courtesy to say he would like to do this in your home. And what do you think about it? What do your people think about it?

“And having not done that, that brings an emotional issue to it. And I think it's important for us to follow that emotional rub with what the true downside is from a data perspective.”

Along those lines, Wojtaszek said a consulting firm concluded that gaming in upstate New York is “clearly at the point of either saturation or oversaturation.”

A casino in Rochester would have to generate $800 million in “net win” to provide the same amount of money given to the state by Batavia Downs, Del Lago and Finger Lakes, he said.

“We combined for about $350 million to $400 million in net win, and we pay the state about $150 million. In order for them to pay $150 million, they gotta generate $750 to $800 million in net win. Think about that, because they’re only paying 20 percent; we’re paying 49. It's a staggering amount of money. Where are they going to get that from when they're already oversaturated?”

Previously: Assembly puts plan to build casino in Rochester on hold

Assembly puts plan to build casino in Rochester on hold

By Mike Pettinella

A proposal to place a Seneca Nation-owned full casino in the City of Rochester reportedly is on hold.

On Friday, New York Assembly leaders – following a protest in Rochester by unionized gaming workers -- announced that the chamber will not vote on a new 20-year compact between the state and the Seneca Nation despite the Senate’s robust approval of it.

“I believe the Seneca Nation deserves a fair deal. However, the sentiment of the Assembly’s Monroe County delegation, coupled with the potential loss of union jobs, is concerning, and we cannot move forward with a vote on the compact at this time,” said Assembly Speaker Carl Heastie on Twitter.

News of a potential deal to build a casino in Rochester came to light earlier this week, prompting immediate and strong opposition from local government officials, politicians and representatives of Batavia Downs, Hamburg and Finger Lakes gaming facilities.

"The state needs to make sure that they get local input, to make sure they have an economic analysis done relative to siting such a casino in Rochester, period, and we want to make sure we safeguard the jobs that we have at Batavia Downs as well as the money we return to our communities," said Henry Wojtaszek, president and chief executive officer of Western Regional Off-Track Betting Corp., when contacted this morning.

Assemblyman Steven Hawley made his feelings known on Thursday, stating that the construction of a new casino in the area “would be damaging to the local economy and would jeopardize the more than 400 jobs at Batavia Downs.”

“Local officials and New York lawmakers were also not included in any discussions between the governor and the Seneca Nation,” Hawley added.

In a statement released to the press, Seneca Nation President Rickey Armstrong Sr. blamed the governor’s office for failing to keep local leaders informed throughout the negotiations.

Calling the Assembly’s decision “despicable,” Armstrong said the Seneca Nation did not impose a non-disclosure agreement despite what Gov. Kathy Hochul’s administration had claimed.

A portion of Armstrong’s statement is as follows:

“The blame for keeping Rochester officials out of the loop lays directly at the feet of the Executive. The Executive and the Nation agreed not to negotiate through the press or in public, but contrary to media coverage, the parties never entered into a Non-Disclosure Agreement.

“The Nation regularly consulted our own legislative branch and expected that the Executive was doing the same. The Executive's claim that it was legally barred from communicating with other State officials is simply inaccurate. The Executive was free to communicate with local officials throughout the process on what it was negotiating for and what it agreed to.

“The failure of the Executive to communicate with its own government speaks to the utter disregard the Governor had for this process.”

The state’s gaming compact with the Seneca Nation expires on Dec. 21, leaving the door open for the Senate and Assembly to vote on a revised agreement.

WROTB president sounds the alarm regarding possible placement of full casino in Rochester

By Mike Pettinella

A potential deal between the state and the Seneca Nation to place a full casino in the City of Rochester would devastate the operation of Batavia Downs Gaming and two other established gaming facilities in Western New York.

That’s the stated view of Henry Wojtaszek, chief executive officer and president of Western Regional Off-Track Betting Corp., the public benefit company that operates Batavia Downs Gaming.

“The latest scheme by the Senecas and some New York State government officials to place a stealth casino in the Rochester area should be a non-starter for residents, community leaders and elected officials," Wojtaszek said in a statement issued this afternoon.

“Many of the more than 400 jobs here at Batavia Downs would be in jeopardy if a Rochester area casino opened, and the millions of dollars in revenue we send to 15 counties and the cities of Buffalo and Rochester would be drastically cut. There are already 10 gaming facilities less than 100 miles in any direction from Rochester; that’s the definition of saturation.”

According to published reports, the new 20-year agreement forged by the New York State Senate and Gov. Kathy Hochul with the Senecas apparently includes a casino in Rochester. Over the weekend, the Senate voted 62-1 to ratify the pact; the Assembly has yet to vote on it.

In his statement, Wojtaszek indicated that the three Video Lottery Terminal facilities of Batavia Downs, Finger Lakes Gaming and Hamburg Gaming paid $140 million in combined taxes to the state last year (and) “that is more than the Senecas did.”

“What is the point of putting yet another facility in the region? No major decision like this should ever be made without robust public input and a comprehensive economic impact analysis.  When you see this type of secret top-down governing from our elected officials, it is fair to question their motives and who they are really serving.

“We’ve seen this tried before, and the ending should be the same as the previous two failed attempts to open a casino in the Rochester area.”

Genesee County Legislature Chair Rochelle Stein, contacted by The Batavian tonight, was quick to point out that any casino within 30 miles or so away “would really be a big blow (to Batavia Downs).”

“What’s really unfortunate here is that there are no details,” she said. “The last thing I read was there was a conceptual agreement, but nobody had been able to see what the concept was.”

When it was mentioned that recent changes to the structure of the WROTB board of directors also came with no advance notice to municipal leaders, Stein added that “it seems like we’re in a vacuum constantly – by our one-party rule in Albany and it’s not working well for Genesee County.”

Stein said she and county officials are “frustrated” by the lack of information coming out of Albany and the lack of input by local governments.

“Not to have a plan that is laid out so that we all can participate in … because we’re in, I understand that we’re in that Seneca compact area,” she said. “This new plan, if it’s known to be that it will be in Rochester, will not benefit the public as Batavia Downs does.”

She also noted that rural counties are exploring litigation to stop the changes made by Albany to switch from a one-county/city, one-vote format to a weighted voting format for the WROTB board, effectively transferring power to the Democratic-leaning Erie and Monroe Counties and cities of Rochester and Buffalo.

She did not comment when asked about a conflict of interest situation involving Rochester and Monroe County representatives to the WROTB board (if and when a casino was placed in Rochester), preferring to wait until she learned more about the Seneca compact.

Democrat Jeremy Cooney (the City of Rochester, the Town of Brighton, and the western suburbs of Monroe County) was the lone senator to vote against the measure.

“I have concerns with the announced deal between New York State and the Seneca Nation,” Cooney said in a news release and reported by The Rochester Business Journal. “As a state senator, I did not feel comfortable voting in favor of legislation that removes state lawmakers from their oversight responsibilities and limits input from the public.”

Borrello introduces bill to require comptroller review of tribal - state compacts

By Press Release

Press Release: 

Sen. George Borrello

As negotiations on a new gaming compact continue between New York State and the Seneca Nation, Sen. George Borrello has introduced legislation that would enhance the integrity of the process by authorizing the New York State Comptroller to review any tribal-state compact and recommend approval or needed changes.

Senator Borrello cited the need for this change by pointing to current negotiations between the Seneca Nation and the Hochul administration. He noted that although the Governor has recused herself from compact negotiations because of the conflict of interest presented by her husband’s position with a company in competition with the Seneca Nation, she is still the only official that can approve the contract.  

“The partnership between the Seneca Nation and New York’s executive branch has been strained for several years, largely over disagreements concerning revenue from Seneca casinos. Those tensions, combined with the Governor’s institutional role in the process which makes full recusal difficult, underscore the importance of a full and impartial review by the State Comptroller,” said Senator Borrello. “There is too much at stake, not only for the Senecas but for the state, to allow the process to be compromised by politics and conflict. This is a common-sense proposal that would improve the process and help ensure a fair outcome.”  

The original Seneca Nation Compact was authorized in 2002. The agreement cleared the way for the development of three Seneca casinos in Western New York.  The Seneca Niagara Casino opened in 2002, followed by the Salamanca location in 2004 and the Buffalo location in 2007. Terms of the compact included the Seneca Nation paying 25 percent, which is approximately $100 million a year, of the slot and video lottery machine revenues to the state, with a portion of that directed to each casino’s host city. In return, the compact grants the Nation exclusive rights to operate Class III casinos in Western New York.  

The casinos and their related businesses have an estimated $1 billion annual economic impact on Western New York and provide more than 6,000 jobs. 

“The Seneca Nation territories and residents are within the 57th District which makes this issue a priority for me. They are friends and neighbors to me and other district residents, so the delays and challenges they are encountering in the negotiating process are a significant concern,” said Senator Borrello. “Their world-class gaming facilities have transformed the economy of Western New York and they have been good partners to the state. They deserve a fair and equitable compact and my bill would help advance that goal.” 

A new casino in Henrietta is a long shot, says WROTB president

By Howard B. Owens

Rochester media is buzzing today about a purported announcement by the Seneca Nation looking to open a casino in Henrietta.

WHAM 13 is among the stations reporting that the tribe wants to expand to the Rochester suburb.

Michael D. Kane, president and CEO of Western Region OTB, said this afternoon, there will be no Seneca-owned casino in Henrietta, at least not any time soon.

"Under the current statutory scheme, they will not be able to put a casino in Western New York," Kane said. "Without a statutory change, which isn't likely to happen in today's environment, they cannot do what they're looking to do."

Kane said he isn't really sure what prompted the Seneca's to announce an interest in a casino in Henrietta when something like that happening at this time is more of a dream than even a hope.

"If casino gaming became regulated in New York State rather than prohibited, then perhaps they could fashion some agreement with the federal government to do it," Kane said. "From my point of view, there's no change in enforcement from today than there was yesterday."

Western OTB runs Batavia Downs Racetrack and Casino which, under terms of an agreement between the Senecas and Gov. Andrew Cuomo, is blocked from expanding into a full-fledged casino.

According to WHAM, the Senecas have hired Flaum Management to "coordinate the development" of a casino.

"This is an exciting day," CEO David Flaum said. "I am profoundly grateful for Seneca Nation for choosing me. I hope to assist them in bringing a casino here."

Kane said Flaum has been a consultant for the Senecas for 12 years.

Also, see the Rochester Business Journal: Seneca Nation to work with Flaum on gaming, hospitality development here.

Legislative deal may cut Batavia Downs out of New York's casino action

By Howard B. Owens

It looks like Batavia Downs is a long shot to expand into a full-blown Vegas-style casino with table games and expanding gambling options.

The NYS Legislature took a big step yesterday toward opening up so-called racinos to more casino games, but capped the number of race tracks that can expand at seven.

Western Regional OTB board member Dick Siebert told WBTA that he's very concerned that Batavia Downs is being excluded from the expansion.

“Buffalo Raceway and Batavia Downs are the closest raceways to the Senecas' casinos (in Niagara Falls and Allegany), and they’re the ones putting the heat on the state,” Siebert points out. “So I’ve got a strange but very sound feeling that we’re the two being targeted.”

The seven target locations have not been disclosed.

The Senecas believe they have an exclusive lock on gambling in New York and the legislature may have caved to pressure from the Senecas by excluding Buffalo and Batavia from the expansion.

“They’re behind it,” Siebert said. “They’ve got money, and they’re throwing it around. They don’t want the competition. But not having Batavia Downs be a full casino hurts Western New York a lot more than what might happen to the Senecas.

“I’ll probably get myself in trouble to say it – but it’s the truth,” Siebert added.

Michael Kane, CEO of the Western Regional OTB remains hopeful, however.

“I don’t think it takes Batavia Downs out of the mix at all,” Kane says. “I think the number was just negotiated between the governor and the two houses.”

Negotiations over cigarette tax will precede any action by the state

By Philip Anselmo

The Buffalo News reports this morning that Gov. David Paterson will meet and negotiate with the leaders of the Seneca Nation before any shipments of cigarettes to Seneca retailers are halted. Aaron Besecker reports:

During a rally Sunday just south of the Route 438 Thruway overpass, [Seneca President Barry E. Snyder Sr.] read a letter from Gov. David A. Paterson in which the governor indicated his desire to begin talks with the Indian nation about the dispute over tax collection on cigarettes sold by Native American merchants to non-Indians.

It sounds as if the governor is considering backing off from enforcing the law that he himself signed in December that requires wholesalers to show to the state tax department that they are not selling tax-free cigarettes to retailers. If they fail to comply, they could be charged with perjury. In the meantime, a justice of the state Supreme Court "issued a temporary restraining order ... that blocks the state from enforcing its policy."

Paterson spokesman Morgan Hook said he would not comment on a private conversation between the governor and Snyder, but he did say a negotiated compromise on the cigarette tax issue “is an avenue [Paterson] would like to take.”

“The governor sees it as a window of opportunity,” Hook said.

What exactly would Gov. Paterson negotiate? This seems to be a pretty cut and dry issue. Either the state enforces the law or the law is repealed. Can you see any compromise on this?

Fellows v. Blacksmith: Number 15 in "What Made Genesee County Famous"

By Philip Anselmo

Coming in at No. 15 in the Holland Land Office Museum countdown of The Twenty-Five Things That Made Genesee County Famous is the only court case to have orginated in Genesee County that was heard by the United States Supreme Court. This was in 1857.

It all started when a representative of the Ogden Land Company, Joseph Fellows, tried to take the land of the Tonawanda Indian Reservation. Tonawanda Seneca Sachem John Blacksmith wouldn't have it. (A sachem is a sort of Native American king, by the way.) Blacksmith sued the land company and his case was eventually heard by the supreme court.

If you want to know what happened next, check out the full article by Museum Director Pat Weissend. While you're at the the museum's Web site, you can isten to podcasts of some of the other big things that made the list of The Twenty-Five Things That Made Genesee County Famous.

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