Jamul Action Committee
Jamul Action Committee Jamul Action Committee

Legal Update April 14, 2016

Over strenuous objection by the majority of speakers, including the Jamul/Dulzura Community Planning Group and Jamul Action Committee, the County Board of Supervisors voted three to one in favor of executing a Memorandum of Understanding (MOU) between the JIV and County of San Diego at their meeting on April 13th. Only Supervisor Dianne Jacob voted against the MOU (Supervisor Cox was absent).

Concerned residents of San Diego County were disappointed by salaried and elected officials that chose not to represent the residents’ best interests. Instead, we were told in a condescending manner that ‘they’ knew best, and that giving away the County’s stop work order on County regulated land wasn’t worth further negotiation and wasn’t worth waiting until our lawsuits are decided on the merits.

The County has chosen poorly in this dispute, and incurs liability, just like CalTrans, for agreeing to execute the MOU, lifting the stop work order on Country regulated land, without complying with the proper review under the California Environmental Quality Act (CEQA). Also problematic is that these actions continue to deny Walter Rosales, Karen Toggery and their families’ First and Fifth Amendment rights to the free exercise of their religion, due process and just compensation for the desecration of their families’ remains.

The residents of Jamul in attendance were able to see and hear first hand, how our county officials decided to adopt JIV’s false statements, when the JIV has never been lawfully recognized as a tribe, has never had any trust land or a reservation, and has never had any sovereignty. Even the federal government’s own documents confirm that the JIV voluntarily elected to become, and has only ever been listed as, an Indian community entitled to receive federal benefits, but has never been qualified to receive any trust land or a reservation. Those documents also confirm that the JIV has no standing to ask any court to decide otherwise, because it has never exhausted its administrative remedies in the Bureau of Indian Affairs.

Folks, this has always been, and it remains, a marathon and not a sprint. Most of you know how long this fight has been going on, and you know that until a court finally decides the merits of the pending litigation, the County Board of Supervisors’ vote is simply another administrative process in the game of special interests with investors’ money. This fight will go on until the law is enforced and the merits are finally decided in court.

I’m reminded of Aesop’s fable The Tortoise and the Hare, a story where zeal and perseverance eventually prevails. During such challenging times, I’m also reminded of the Biblical observation that “the race is not to the swift” (Ecclesiastes 9:11).

The passion and zeal that Jamulians have for their community, the perseverance Jamulians demonstrate time after time as we unify to take on this challenge to our community against the moneyed carpet-baggers from the east is inspiring and defines our true strength. All of which makes me proud to be your neighbor and friends with so many Jamulians. We will accept nothing less than a final decision on the merits of the illegality of this casino, regardless of the Board’s vote.

To those who came to the hearing and participated in the political process I thank you; it was an honor to stand with you. To those that participated behind the scenes with letters and donations to the legal fund I thank you, your support keeps us moving forward, giving notice to officials that Jamulians are involved, engaged and are willing to stand up for their community.

This fight to save the character of Jamul goes on. Every day without a casino in Jamul is a good day. The empty building stands as a monument to greed. With your continued support and a fair opportunity to be heard by the Federal Court, it will never serve as a casino. We are working very hard towards that end and remain profoundly grateful for your support and participation. No casino in Jamul, not now not ever.

Please support JAC with your donation to our legal fund. Please send your donations to:
P.O. Box 1317
Jamul, CA 91935

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