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

48 Town Reply

50 Aquinnah Reply

60 Tribe Motion to Dismiss

62 Tribe Rule 19 Motion to Dismiss

Prior posts here and here.

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

48 Town Reply

50 Aquinnah Reply

60 Tribe Motion to Dismiss

62 Tribe Rule 19 Motion to Dismiss

Prior posts here and here.

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

Here:

Big Lagoon — CA9 Order Setting Oral Argument

En banc materials here.

Panel materials here.

Second Edition of Indian Gaming Law and Policy by Rand & Light

Here:

R&L

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

463 Opposition

469 SSM Reply

474 Bankruptcy Court Order

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.

 

12th Annual Northwest Gaming Law Summit

Here:

12th Annual Northwest Gaming Law Summit Brochure

California COA Affirms Tribal Immunity from Casino Employees’ Suit

Here is the opinion in Chavez v. Morongo Casino Resort & Spa:

Opinion

Federal Cross-Motion for Summary Judgment in City of Duluth v. NIGC

Here:

26 US Cross Motion for Summary J

Also:

27-1 Fond du Lac Proposed Amicus Brief

The City’s motion is here.

New Mexico Files Suit to Challenge Application of Part 291 Secretary Procedures to Pueblo of Pojoaque

Here is the complaint in State of New Mexico v. Jewell (D. N.M.):

1 Complaint

Here are the materials in Pueblo of Pojoaque v. State of New Mexico (D. N.M.) referenced in the complaint:

11 Pueblo of Pojoaque Motion for Default Judgment

15 New Mexico Response to Motion for Default Judgment

18 Pueblo of Pojoaque Response

20 New Mexico Answer

21 DCT Order Setting Aside Default Judgment

22 DCT Order Dismissing Case

We posted the complaint in that case here.