economic development

Walking onto the gaming floor at the Twin Arrows Casino near Flagstaff, Ariz., is a sensory-rich experience, with winning bells and slot machine jingles a constant. But in addition to hearing the sounds of the gaming floor, visitors also smell cigarette smoke.

The Smoke-Free Arizona Act doesn’t apply to this casino, located just inside the southern borders of the Navajo Nation. That means smoking in an enclosed public space is legal.

But in some communities on the reservation, that’s beginning to change. Dozens of Navajo Nation communities passed local clean air resolutions this year. The measures ban tobacco use in government buildings and workplaces.

The Oso Vista Ranch Project, a youth development organization in northwestern New Mexico, is working to prevent Native American youth from smoking. In May, the group persuaded the Crownpoint chapter to ban smoking in public buildings, making it the first Navajo government entity to do so.

Wash. SCT Decides Outsource Servs. Mgmt. v. Nooksack Bus. Corp.

August 21, 2014Matthew L.M. Fletcher

Here is the opinion.

An excerpt:

Washington State courts have jurisdiction over civil cases arising on Indian reservations as long as it does not infringe on the sovereignty of the tribe. At issue in this case is whether Washington State courts have jurisdiction over a civil case arising out of a contract in which the tribal corporation waived its sovereign immunity and consented to jurisdiction in Washington State courts. We hold that it does not infringe on the sovereignty of the tribe to honor its own corporation’s decision to enter into a contract providing for jurisdiction in Washington State courts.

Briefs and other materials here.

Federal Court Affirms Arbitration Provision in Tribal Payday Lending But Won’t Order Arbitration Outside of Federal District

August 21, 2014Matthew L.M. Fletcher

Here are the materials in Achey v. BMO Harris Bank (N.D. Ill.):

15 Bank Motion to Transfer Case

29 Bank Motion to Compel Arbitration

33 Bank Motion to Dismiss

39 Response to Motion to Transfer

40 Response to Motion to Compel Arbitration

41 Response to Motion to Dismiss

60 DCT Order

California Next to Legalize Online Poker?

August 6, 2014August 6, 2014Ryan Mills

The California Legislature has till the end of August 2014 to decide on two bills that would regulate online poker. Both bills are backed by different interest groups, including various tribes. The bills are AB 2291 and SB 1366.

Additionally, the Iipay Nation of Santa Ysabel, CA is moving forward on an online poker site with the intention of adding real money play soon. This will be an interesting development to keep an eye on and could help set the legal landscape for future tribal online gaming.

Check out this brief blog post on the Iipay Nation’s online poker site: Here