Turtle Talk

Here are the materials in State of Wisconsin v. Ho-Chunk Nation (W.D. Wis.):

25 HCN Brief

22 Wisconsin Brief

29 Wisconsin Response Brief

32 Ho-Chunk Response Brief

35 DCT Order

An excerpt:

The state of Wisconsin has brought this case to enjoin defendant Ho–Chunk Nation from offering electronic poker at Ho–Chunk Gaming Madison (formerly DeJope), the Ho–Chunk Nation’s gaming facility in Madison, Wisconsin. The question raised in the parties’ cross motions for summary judgment is whether Ho–Chunk Nation’s poker game violates a compact with the state. The answer to that question turns on whether electronic poker qualifies as a “class II” or “class III” game under the Indian Gaming Regulatory Act. Class III games are prohibited by the compact except under certain conditions not present in this case, but class II games are permitted. Because I conclude that Ho–Chunk Nation’s electronic poker game is a class III game, I am granting the state’s motion for summary judgment and denying Ho–Chunk Nation’s motion.