The recent 2-2 deadlock over the ISA agreement with the proposed Buena Vista Casino has, in the minds of many citizens, raised more questions than answers. In a statement released last week, County Administrative Officer Terri Daly explained the future implications of the Board’s vote. “Today’s decision by the Board of Supervisors means the ISA that the County negotiated has been rejected. The Tribe or the County immediately could seek to renegotiate another ISA, or to begin the binding arbitration process,” says Daly.

The decision also means that the County can continue to fight the lawsuit that challenges the Tribe’s right to the land in question as “Indian land”. The arbitration process could be initiated at any time and a decision will be provided by a neutral arbitrator who will choose between either the County’s or the Tribe’s last best-and-final offer. At the conclusion of the arbitration process, the Tribe will be free to construct and operate a casino in Buena Vista, so long as it conforms to the arbitrator’s decision. An injunction to halt the casino construction can only be granted by the federal court hearing the County’s current challenge.