gaming – Page 20 – Turtle Talk

Plaintiff State of New Mexico challenges the Department of the Interior and the Secretary of the Interior’s legal authority to implement regulations found in 25 C.F.R. § 291 (“Secretarial Procedures” or “Part 291 regulations”). The Secretarial Procedures, if adopted, would allow the Pueblo of Pojoaque to conduct Class III gaming on its reservation. New Mexico asks this Court to declare the Secretarial Procedures invalid because they conflict with the unambiguous terms of the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. § 2701 et seq. and violate New Mexico’s sovereign immunity under the Eleventh Amendment.

California Sues Chukchansi for Emergency Relief (Updated with Federal Court Closure Order)

October 13, 2014October 14, 2014Matthew L.M. Fletcher3 Comments

Here is Friday’s complaint in State of California v. Picayune Rancheria of Chukchansi Indians (E.D. Cal.):

1 Complaint

An excerpt:

This action seeks emergency and other appropriate injunctive relief to prevent an imminent threat to the public health and safety. Opposing tribal groups of the Picayune Rancheria of Chukchansi Indians of California (Chukchansi) claim to constitute the tribal government and have the right to control the Chukchansi Gold Resort and Casino (Casino) located in Madera County, California. Even though the State gives deference to Chukchansi’s sovereignty to resolve its intra-tribal dispute, public health, safety, and welfare have become threatened. Supported by armed security forces, the groups have taken actions to occupy, control, or forcibly enter facilities in, adjacent to, and near the Casino located in Coarsegold, California. This is an imminent threat to the public health and safety of Chukchansi’s members, the Casino’s patrons and employees, and the State’s residents. Therefore, this Court should issue orders to protect the public, including temporarily restraining, and permanently enjoining, attempts to take control, or possession, of the Casino and related or nearby facilities, deploying armed personnel at or near the Casino, and carrying firearms at the Casino and related tribal properties; and, further prohibiting operation of the Casino unless and until it is established before this Court that the public health and safety of Casino patrons, employees, and tribal members can be adequately protected from the violent confrontations and threats of violent confrontation among the tribal factions disputing leadership of the Tribe and control of the Casino.

Update:

2-2 California Motion for TRO

2-3 Declaration

5 DCT Order Granting TRO

Video Detailing Drama at Chukchansi

October 13, 2014October 13, 2014Matthew L.M. Fletcher

From Fresno Bee, “Chukchansi Gold casino shut down temporarily by state, feds (video).”

More news coverage here, “Chukchansi casino remains closed, tribal factions chafe over lost revenues.”

Federal Court Dismisses Slip-and-Fall Action against Wyandotte Casino in Kansas

October 9, 2014Matthew L.M. Fletcher

Here are the materials in Johnson v. Wyandotte Tribe of Oklahoma (D. Kan.):

7 Wyandotte Motion to Dismiss

12 Johnson Response

15 Wyandotte Reply

19 DCT Order

An excerpt:

Plaintiff brings this personal injury action against the Wyandotte Nation for injuries she sustained when she fell down a flight of stairs at the 7th Street Casino, which is located on land held in trust by the United States for the benefit of the Wyandotte Nation. This matter comes before the Court on defendant’s Motion to Dismiss (Doc. 6). Defendant argues that the Court must dismiss plaintiff’s lawsuit because defendant, a federally recognized Indian tribe, is immune from unconsented suit and, therefore, the Court lacks subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1).1 After considering the arguments made by both parties, the Court grants defendant’s Motion to Dismiss.