The Michigan Court of Appeals held that Michigan law relating to accounting and cash handling does not apply to Indian gaming operations, the defense raised by a defendant in a claim by the casino for $23,000 in gambling debts. The trial court had awarded $4000. The COA raised that to the full amount. Here is the unpublished opinion.
gaming
San Pasqual v. California Decision
Chao v. Spokane Tribe Materials
See our earlier post on the W.D. Wash. decision not to quash an administrative subpoena in a FLSA investigation against the Spokane Tribe’s gaming operations. Here are the rest of the materials:
dol-motion-to-enforce-subpoena
No Divided Argument in Carcieri v. Kempthorne
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:
Chao v. Spokane Tribe — FLSA Subpoena
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….
Ohio Gaming Referendum
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
Here are many of the pleadings in the St. Croix Band v. Kempthorne case reported earlier today (opinion).
us-motion-to-dismiss-st-croix-complaint
st-croix-opposition-to-govt-motion-to-dismiss
st-croix-supplemental-memorandum
Federal Courts Holds Artman Guidance NOT Reviewable
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.
Saginaw Chippewa Repeals Union Ban
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The Saginaw Chippewa Tribe has repealed the law that essentially outlawed unions among Tribal employees.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.”
NYTs: McCain and Indian Gaming Ties
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.
Turtle Talk 
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