The Denver City and County Court thought so. In a case where the Colorado AG asked a Colorado trial court to issue subpoenas to internet money lenders owned by the Miami Nation of Oklahoma and the Santee Sioux Tribe of Nebraska. The tribal enterprises appeared for the purpose of contesting jurisdiction, raising tribal sovereign immunity as a bar to the subpoenas. The trial court denied the order. The case is now pending before the Colorado Court of Appeals.
If the characterization of this case on page 13 of this prepared statement before the House Subcommittee on Domestic Policy of the Committee on Oversight and Domestic Reform is even half accurate (the whole “rent-a-tribe” thing), then this is an ugly case. It is an ugly case regardless.
The Colorado Court of Appeals briefs are here:
I agree.I hope the tribes involved settle this quickly and by doing so do not give Colorado the opportunity to diminish sovereignty.Too often over the past 25 years we have seen cases with bad facts wind there way through the court system;( federal and state) and we end up with a decision which impacts Indian Countryfor the worse.