gaming

No Divided Argument in Carcieri v. Kempthorne

Matthew L.M. Fletcher

The Supreme Court released its other orders from last Monday’s long conference.

The motion of petitioners Donald L. Carcieri, Governor of Rhode Island, and the State of Rhode Island for divided argument is denied. The motion of petitioner Town of Charlestown for divided argument is denied. The motion of Narragansett Indian Tribe for leave to participate in oral argument as amicus curiae and for divided argument is denied.

So I assume the State will let Ted Olson on behalf of the governor argue the case against Ed Kneedler on the government’s side.

Here are the cert denials:

Continue reading →

Chao v. Spokane Tribe — FLSA Subpoena

Matthew L.M. Fletcher1 Comment

The Western District of Washington rejected a magistrate judge’s report and recommendation quashing a subpoena issued by DOL Wage and Hour regarding an FLSA complaint. The district court concluded, it appears, that gaming is not a governmental activity….

chao-v-spokane-tribe-R&R

chao-v-spokane-tribe-dct-order

Ohio Gaming Referendum

Matthew L.M. Fletcher1 Comment

Here is the website for the people proposing gaming (non-Indian) in Ohio, and a legal opinion on whether it allows for Indian gaming in Ohio (the opinion says no).

St. Croix Band v. Kempthorne Materials

Matthew L.M. Fletcher1 Comment

Here are many of the pleadings in the St. Croix Band v. Kempthorne case reported earlier today (opinion).

st-croix-amended-complaint

us-motion-to-dismiss-st-croix-complaint

st-croix-opposition-to-govt-motion-to-dismiss

govt-reply-brief

st-croix-supplemental-memorandum

govt-response-to-supplemental-memorandum

dct-order-denying-preliminary-injunction

Federal Courts Holds Artman Guidance NOT Reviewable

Matthew L.M. Fletcher

In St. Croix Band of Chippewa Indians v. Kempthorne, the District Court for the District of Columbia dismissed St. Croix’s challenge to the Secretary’s authority to refuse to take off-reservation land into trust. The court found that the Artman Guidance letter is not final agency approval.

dct-order-of-dismissal-st-croix

Saginaw Chippewa Repeals Union Ban

Matthew L.M. Fletcher

From the Morning Sun (H/T Sharon):

The Saginaw Chippewa Tribe has repealed the law that essentially outlawed unions among Tribal employees.

“The Tribal Council took this step because it found that it was in the best interests of the Tribe to withdraw its ordinance to accommodate other important interests and relationships,” according to a statement issued by the Tribal Council. “It also makes no sense to engage in expensive litigation over the ordinance when our employees have shown no interest in a union.”

Continue reading →

NYTs: McCain and Indian Gaming Ties

Matthew L.M. Fletcher

Three of the top ten gaming donors to McCain are tribal (here).

The main article from the NYTs:

Senator John McCain was on a roll. In a room reserved for high-stakes gamblers at the Foxwoods Resort Casino in Connecticut, he tossed $100 chips around a hot craps table. When the marathon session ended around 2:30 a.m., the Arizona senator and his entourage emerged with thousands of dollars in winnings.

A lifelong gambler, Mr. McCain takes risks, both on and off the craps table. He was throwing dice that night not long after his failed 2000 presidential bid, in which he was skewered by the Republican Party’s evangelical base, opponents of gambling. Mr. McCain was betting at a casino he oversaw as a member of the Senate Indian Affairs Committee, and he was doing so with the lobbyist who represents that casino, according to three associates of Mr. McCain.

Continue reading →

Challenge to Cowlitz Casino Dismissed

Matthew L.M. Fletcher3 Comments

As Indianz reported, the City of Vancouver’s challenge to the proposed Cowlitz casino, City of Vancouver v. Hogen, has been dismissed on Article III standing grounds in the Western District of Washington. The court likened the City’s injury in fact to a game of chance. 🙂 Here are the materials:

dct-order-vancouver-v-hogen

us-motion-to-dismiss

vancouver-motion-for-summary-judgment

Contract Claim Against Tonkawa Dismissed

Matthew L.M. Fletcher

The district court dismissed a simply contract claim, brought against the Tonkawa Tribe on the theory that IGRA offered a general cause of action.

tonkawa-motion-to-dismiss

dct-order-on-dismissal

Mashantucket Pequot Not Required to Disclose Financials to Conn. Town

Matthew L.M. Fletcher

In an ongoing case where the Mashantucket Pequot Nation is seeking relief from local taxation of slot machines leased by the tribe from non-Indians, the district court rejected the Town of Ledyard’s motion to compel discovery of the Nation’s entire financial records.

dct-order-on-motion-to-compel