Friday, October 9, 2015


Casino backers make a point of saying "JAC has never won a case"... 

In fact, JAC has NEVER LOST a case. The lower court judges simply wiggled out of hearing the facts and making a ruling. Money talks, and lower court judges have to run for office—like all politicians. It's expedient for them to just kick the ball down the road and not cut off future donor$.  Penn National thinks they have spent enough money to influence enough people and decision-makers to have their way.  

JAC (Jamul Action Committee/Jamul Against the Casino) is proving them wrong:  Read more at:

This is why we are going to win our lawsuits. 

No casino — Not Now — Not Ever.

GET INFORMED. JIV & Penn National are gambling you won't.

  • Contrary to the falsehoods published by CalTrans and JIV, the JIV casino project is not on land held in trust by the U.S. government for any tribe.
  • The JIV has no land held in trust by the U.S. government. Nor can it have any land held in trust, since it was not under federal jurisdiction in 1934, by order of the U.S. Supreme Court in Carcieri v. Salazar (2009).
  • In fact, a portion of the cemetery was donated in 1978 by the Daleys to the United States for the express benefit of individual half-blood Indian families that were living and dying on the cemetery.
  • The Daley families specifically agreed to the form of the deed so that the United States, as a trustee, would protect the living and the dead against all forms of alienation, trespass, desecration, mutilation, and disinterment.
  • In fact, the JIV is building on 4 acres of the more than 7 acre Jamul Indian cemetery that has been sanctified as a place of worship and a religious ceremonial site since the mid-1800's.
  • The Indian cemetery has always been private property. No different than the gas station owned by the U.S. at the Naval Training Center, or the National Cemetery at Fort Rosecrans.
  • California retains concurrent jurisdiction over all of the more than 7 acre Jamul Indian cemetery.
  • Contrary to CalTrans’ and JIV’s blatantly false statements, the JIV has no right, permit or authorization to desecrate Walter and Karen’s families’ remains, to build a casino on the government’s portion of the Indian cemetery.
  • Such construction is a deliberate violation of the Indian Gaming Regulatory Act, the Indian Reorganization Act, the purported Gaming Compact, and NAGPRA.
  • JIV has never acquired, nor lawfully exercised, governmental power over the government’s portion of the Jamul Indian cemetery on which it is illegally building a casino.
  • In fact, the JIV has never applied to be, nor has been recognized as a tribe under the Indian Reorganization Act. It is nothing but a half-blood Indian community, which is not a federally recognized tribe, and has no inherent sovereignty.
  • In fact, the U.S. government admits that the JIV voluntarily and deliberately elected over 30 years ago not to become recognized, so that they could immediately obtain federal monetary benefits without exhausting their administrative remedies.
  • The listing of a half-blood Indian community in the Federal Register does not create, nor recognize, the JIV as a tribe.
  • Similarly, the state compact does not create, nor recognize, the JIV as tribe. Nor does it grant any governmental power to the JIV over the govt’s portion of the cemetery.
  • In fact, the Compact requires that the JIV prove they applied for recognition, which they haven’t and can’t. In fact, the Compact requires that construction be enjoined until the Compact is amended.
  • In fact, the IRA bars transfer of the government’s portion of the cemetery to the JIV. Hence, the individual half-blood’s beneficial ownership of their families’ final resting place has never been, and can never be, lawfully transferred, in trust, or otherwise, to the JIV.
  • Thus, the JIV has no right, permit or authorization to build a casino on any portion of the cemetery beneficially owned by the individual half-blood Indians, including Walter and Karen.
  • In fact, the JIV has no standing to appear in Court, because it has failed to exhaust its administrative remedies and is not a recognized IRA tribe.
  • The JIV has never petitioned for proclamation of a reservation, and no reservation has ever been proclaimed for the JIV.