gaming

Kansas v. Kempthorne Materials

Matthew L.M. Fletcher

Recently, the Tenth Circuit decided Kansas v. Kempthorne, perhaps the final round of the Wyandotte Nation of Oklahoma’s bid to open a casino in Kansas City. After a decade of litigation, it appears the Nation has prevailed. What was interesting about the final product was that the 10th Circuit held that the State’s arguments were barred by the Quiet Title Act — because the Secretary had taken the land into trust prior to the filing of the State’s lawsuit, the QTA barred the suit.

Here’s the opinion: CA10 Opinion

Here’s the appellant brief (Kansas and three tribes): Appellant’s Opening Brief

Here’s the federal response brief: Federal Appellee Brief

Here’s the reply brief: Appellant’s Reply Brief

Ho-Chunk Nation v. Wisconsin — 7th Circuit Materials

Matthew L.M. Fletcher

The Seventh Circuit will soon decide Ho-Chunk Nation v. Wisconson. The dispute involves the Class III gaming compact signed by the parties. HCN stopped payment in violation of the compact’s revenue sharing provisions. Wisconsin seeks to compel arbitration to resolve the dispute.

The briefs are here:

Ho-Chunk’s Opening Brief: Appellant Brief

Wisconsin’s Brief: Appellee Brief

Ho-Chunk’s Reply Brief: Reply Brief

District Court Decision: March 9, 2007 Order

Bay Mills and Sault Tribe Land Settlement Bills

Matthew L.M. Fletcher

From Soo News: “The possibility of two new Michigan casinos operated by the Sault Ste. Marie Tribe of Chippewa Indians and Bay Mills Indian Community will be debated by legislators in Washington next week.

“On Thursday, the House’s Natural Resource Committee will consider bills to provide land for proposed casinos in Romulus near Detroit and Port Huron.”

Sault Tribe Land Settlement Deal and H.R. 3048

Our post on the Bay Mills bill is here.

Details about the House Resources Committee hearing will be here.

Mashantucket Pequot Appeal to NLRB

Matthew L.M. Fletcher

From the New London Day: “The Mashantucket Pequot tribe asserted their sovereign right to adhere to tribal and not federal labor law in a 50-page request for review submitted Wednesday to the National Labor Relations Board in Washington, D.C.”Expanding arguments originally laid out in a legal brief filed with the regional NLRB in Hartford, attorneys with Kilpatrick Stockton LLP of Atlanta honed in on the particulars of that tribal labor law, adopted this past summer.”

We’ll be looking for the papers filed by MPN, but please let us know if you know where we can get it. Miigwetch.

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Foxworthy Case in WA COA — Dram Shop Actions and Tribal Immunity — Updated

Matthew L.M. Fletcher

The Washington Court of Appeals recently decided Foxworthy v. Puyallup Tribe of Indians, a dram shop tort claim against a tribal business enterprise. The Court held that the Puyallup tribe hadn’t waived its immunity in state court.

The opinion is here.

The plaintiff’s brief is here: Foxworthy Opening Brief

The tribe’s response is here: Puyallup Response Brief

The plaintiff’s reply is here: Foxworthy Reply Brief

Representations of Michigan Indians in the Press

Matthew L.M. Fletcher

Nick Reo’s recent post on online posts written in response to the Inland settlement reminded me of a dissertation by Scott G. Sochay, “Newspaper Images of Native Americans: Michigan Newspaper Coverage of Treaties and Compacts Affecting Indians in the Territory and State of Michigan” (1998). The diss. covers the 1819Treaty of Saginaw, the 1836 Treaty of Washington, and the 1993 gaming compacts.

It’s a large document, but you can download it here:  Sochay Dissertation

Port Huron Favors Bay Mills Settlement Act

Matthew L.M. Fletcher2 Comments

From the Port Huron Times Herald: “Little by little, the odds for a Port Huron casino are beginning to improve. First, there was the important support U.S. Sen. Carl Levin gave the effort earlier this year, a setback to Detroit. Motor City officials have tried to block Port Huron’s bid, a development they view as a threat to Detroit’s three casinos.

“With new support from U.S. Rep. Patrick Kennedy, Port Huron’s casino effort marked another important sign of progress. The Rhode Island Democrat last week became a co-sponsor of H.R. 2176, legislation essential to Port Huron’s gambling facility.

“The bill seeks long-sought federal approval of a 2002 land trade between the state of Michigan and the Upper Peninsula’s Bay Mills Indian Community. The Chippewa band, based at Brimley, agreed to drop its claim to 110 acres of property at Charlotte Beach on the St. Marys River in exchange for the establishment of a new reservation on the property of Port Huron’s Thomas Edison Inn. The reservation would become the site of Port Huron’s Indian-run casino.”Despite his opposition to casino gambling, Gov. John Engler approved the deal. He did so largely because the Point Edward Charity Casino and Sarnia’s Hiawatha slot machines were drawing a substantial number of Americans who crossed the St. Clair River to gamble in Ontario. The Thomas Edison Inn casino would allow Port Huron to compete.”

Florida, the Seminoles, and the Class III Procedures

Matthew L.M. Fletcher

From Indianz:

Florida threatens suit over Class III procedures

Florida Attorney General Bill McCollum said he will sue the Interior Department if it issues Class III procedures for the Seminole Tribe. McCollum cited a 5th Circuit Court of Appeals decision that invalidated the Class III secretarial procedures. He said Interior can’t force a state to accept Class III gaming over the state’s objections. “They can put all they want in a letter to the governor, but I don’t think they can act on it,” McCollum told The Miami Herald. Interior says it will authorize the tribe to offer slot machines unless the state can reach a compact by November 15. The tribe and the state say they are near an agreement.

Get the Story:
State to sue feds if Seminole Tribe is given slots (The Miami Herald 11/8)

Lakes Entertainment Quarterly Report

Matthew L.M. Fletcher

Lakes has a management contract with the Pokagon Band of Potawatomi Indians and some other tribal properties. It’s report is here.

Bay Mills Charlotte Beach Land Settlement Bill Update

Matthew L.M. Fletcher2 Comments

From the Port Huron Times Herald: “Stupak’s bill is the latest of several attempts to win congressional and presidential approval of the Aug. 23, 2002, land swap approved by then-Gov. John Engler and Bay Mills, a Chippewa band based at Brimley in the eastern Upper Peninsula.“The tribe gave up its long-standing claim to 110 acres of property at Charlotte Beach, a community on the St. Marys River, in exchange for a reservation on the 15-acre Thomas Edison Inn property in Port Huron.”

Details about H.R. 2176 are here.

Bay Mills’ claim against the State of Michigan in regards to Charlotte Beach was dismissed in 2001 by the Michigan Court of Appeals. The opinion is here.