Crosby Lodge v. NIGC — Facial Challenge to 25 CFR 522.10(c) Rejected

Crosby Lodge is licensed by Paiute Lake Indian tribe to conduct Class III gaming. Under the regulation, they owe at least 60 percent of revenues to the tribe. The company challenged the reg, and lost.

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Huron Nottawaseppi Gaming News — Profile of Laura Spurr

From the Western Michigan Business Review:

The Nottawaseppi Huron Band of the Potawatomi is planning to open its FireKeepers Casino east of Battle Creek next summer.

The process of getting the land into federal trust took years, and Laura Spurr was the calm public voice of the tribe throughout. She represented the tribe with a killer sense of humor and an encyclopedic command of data.

And she can’t be bullied.

What does a tribal chairman do?

“It’s kind of similar to city or township government. We have a five-member council, all elected by the tribe, then the council selects the chairman.

“Not all tribes do it that way. Some elect the chairman directly.”

Continue reading

Romulus Indian Gaming News

From the Romulus Roman:

Romulus officials hope a year-long moratorium regarding the expansion of Indian gaming that was put into place by the U.S. Bureau of Indian Affairs will be lifted, or at least more flexible, under a Barack Obama administration.

City officials met with a representative from the Hannahville Indians last week, and all involved said they felt they would receive more consideration for the tribal request to build a casino in Romulus.

“I think that once there’re more Democrats in Washington, and more people who are interested in helping Michigan, we will turn this around,” said Romulus Mayor Alan Lambert.

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Nebraska v. Dept. of Interior — NIGC Reversed on Ponca Lands

Here is the opinion, courtesy of Indianz.

And here are the briefs.

Fortunet v. Arizona Gametech Corp. — Class II Pull-Tabs Determination

This case has some discussion of Class II gaming/pull tabs in the context of an alleged Lanham Act violation.

fortunet-v-gametech-arizona-corp

Alabama v. United States Materials

The Southern District of Alabama dismissed Alabama’s challenge to the Department of Interior’s Class III procedures, on grounds of ripeness.

Here is the opinion, courtesy of Indianz.

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Boomer v. Tulalip Tribes — Tribal Sovereign Immunity

In Boomer v. Tulalip Tribes, the Washington Court of Appeals affirmed the dismissal of a slip-and-fall tort action against a tribe on the grounds of sovereign immunity. The court rejected the so-called Dry Creek Lodge exception, as well. The Tulalip Tort Claims Act waives tribal immunity for such claims in tribal court.

Harrah’s v. NGV Gaming Cert Petition

The questions presented are:

1. Does the Dictionary Act’s rule that words used in the present tense also include the future tense, unless the context indicates otherwise, only apply if the statutory text at issue is ambiguous?

2. Does the term. “Indian lands” as used in 25 U.S.C. §§ 81 and 2701-2721 include both land that “is held by the United States in trust for an Indian tribe” and land that “will be held in trust by the United States for an Indian tribe”?

Here is the brief — harrahs-v-ngv-gaming-cert-petn

And here is the lower court opinion — guidiville-band-v-ngv-gaming

Detroit Auto Bailout & Indian Gaming Proposals: A Link?

Congress effectively killed the various proposals brought by the State of Michigan, the Bay Mills Indian Community, and the Sault Ste. Marie Tribe of Chippewa Indians to ratify off-reservation gaming agreements between the three and variously the Cities of Romulus, Flint, and Port Huron. But now that the Detroit auto makers are in the very ugly throes of near-bankruptcy, and with Congress seemingly ready to let the Big Three die, maybe the off-reservation gaming proposals will have new legs in the 111th Congress?

Several questions need answering. First, how will the Obama Administration view Indian gaming, especially off-reservation? I wonder, given that the Administration doesn’t have much to gain politically by supporting tribal gaming, but might have much to lose. Tribes need to make the Obama Administration realize the benefits of off-reservation. Second, how will off-reservation gaming in southeastern Michigan help local economies? Again, tribes need to make a strong case, and it may be the same case made to answer the first question.

Romulus Casino Talk

From Indianz:

Officials in Romulus, Michigan, are still interested in hosting off-reservation casinos even after Congress killed a bill to authorize two tribal facilities.

Officials plan to meet with the Sault Ste. Marie Tribe of Chippewa Indians to discuss reviving the casino. A deal with the Hannahville Indian Community could be in the works too. With Congress looking at ways to bail out the auto industry in Michigan and considering economic packages, officials say now is a good time to think about the casinos again.

Get the Story:
Romulus casinos are still a possibility (The Journal Newspapers 11/20)