Here’s an interesting article about a family’s attempt to develop a casino on an allotment they own off-reservation in Bremerton, Washington. The allotment was originally issued to a Quinault tribal member but her descendants, who currently own it, are Samish.
gaming
Federal Court Grants Summary Judgment in Gaming Management Contract Matter
Here are the materials in Bettor Racing Inc. v. National Indian Gaming Commission (D. S.D.):
53 Bettor Motion for Summary J
Ninth Circuit to Video Stream En banc Arguments in Big Lagoon Rancheria Gaming Matter (Sept. 17, 2014)
Here is the news release. An excerpt:
On Wednesday, September 17, 2014, beginning at 10 a.m., the court will hear oral arguments in Big Lagoon Rancheria v. State of California, in which the state appeals the summary judgment by the U.S. District Court for the Northern District of California in favor of Big Lagoon Rancheria, an Indian reservation near Eureka. The lower court determined that the state violated the Indian Gaming Regulatory Act by failing to negotiate in good faith for a tribal-state gaming compact.
Here is the panel: Alex Kozinski, Harry Pregerson, Stephen Reinhardt, Diarmuid O’Scannlain, Susan Graber, William Fletcher, Richard Paez, Jay S. Bybee, Milan Smith, Morgan Christen, and Jacqueline Nguyen
En banc materials here.
Panel materials here.
Federal Court Enjoins Texas Hold ‘Em Poker at Coeur d’Alene Tribe
Here are the updated materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):
35 DCT Order Staying Proceedings
An excerpt:
The Court has before it Defendant Coeur d’Alene Tribe’s Motion to Dismiss (Dkt. 15) and Plaintiff the State of Idaho’s Motion for a Temporary Restraining Order and for a Preliminary Injunction (Dkts. 3, 4). The Court previously stayed this lawsuit based on the Tribe’s argument that the parties had agreed to arbitrate this dispute. See June 23, 2014 Order, Dkt. 35. Afterward, the Tribe changed its mind and decided it would prefer to litigate. The Court will therefore address the pending motions. For the reasons expressed below, the Court will deny the Tribe’s motion to dismiss and grant the State’s motion for injunctive relief.
Update in Massachusetts Suit over Gaming on Martha’s Vineyard
Here are the new materials in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (D. Mass.):
37 Aquinnah Community Association Motion to Intervene + Proposed Complaint
39 Town of Aquinnah Motion to Intervene
41 Wampanoag Opposition to Town Motion
42 Wampanoag Opposition to Community Association Motion
Update in Massachusetts Suit over Gaming on Martha’s Vineyard
Here are the new materials in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (D. Mass.):
37 Aquinnah Community Association Motion to Intervene + Proposed Complaint
39 Town of Aquinnah Motion to Intervene
41 Wampanoag Opposition to Town Motion
42 Wampanoag Opposition to Community Association Motion
NPR Story on Cigarette Smoking Prevention Policies on Reservations
Here.
Walking onto the gaming floor at the Twin Arrows Casino near Flagstaff, Ariz., is a sensory-rich experience, with winning bells and slot machine jingles a constant. But in addition to hearing the sounds of the gaming floor, visitors also smell cigarette smoke.
The Smoke-Free Arizona Act doesn’t apply to this casino, located just inside the southern borders of the Navajo Nation. That means smoking in an enclosed public space is legal.
But in some communities on the reservation, that’s beginning to change. Dozens of Navajo Nation communities passed local clean air resolutions this year. The measures ban tobacco use in government buildings and workplaces.
The Oso Vista Ranch Project, a youth development organization in northwestern New Mexico, is working to prevent Native American youth from smoking. In May, the group persuaded the Crownpoint chapter to ban smoking in public buildings, making it the first Navajo government entity to do so.
Ninth Circuit to Re-Hear Big Lagoon Rancheria Appeal Sept. 17, 2014
Second Edition of Indian Gaming Law and Policy by Rand & Light
Here:
Federal Bankruptcy Court Holds Congress Abrogated Tribal Immunity in Bankruptcy Act
Here are the materials in In re Greektown Holdings LLC (E.D. Mich. Bkrcy.):
453 SSM Renewed Motion to Dismiss
An excerpt:
In sum, although Indian tribes have a “thumb on the interpretive scale” tending to tip the balance in their favor in the event of an ambiguity or lack of clarity, that does not come into play because, in this Court’s view, Congress sufficiently, clearly, and unequivocally intended to abrogate their sovereign immunity in the subject statute.
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