Does the Michigan Gaming Control Board Have Immunity from Race Discrimination Claims?

Seems like a worthy research item, after reading this and the general shoddy treatment the Board has given the Sault Tribe all these years.

From Indianz:

The Michigan Gaming Control Board approved the transfer of the Greektown Casino Hotel in Detroit to a new group of owners over protests from members of the Sault Ste. Marie Tribe of Chippewa Indians.

Tribal members were upset because the tribe had to undergo an extensive investigation before obtaining the state license. The board waived the requirement for the new owners.

“A rubber glove in a doctor’s office is thorough. This was beyond that,” D.J. Hoffman, a member of the tribe’s board, said of his background check, The Detroit Free Press reported.

“It’s not fair to us,” added tribal member Denise Chase, The Detroit News reported. “You investigated us for two years.”

The tribe could have found new investors for the casino had it known about an exemption, tribal members said. “I’m just hoping that you apply the same standards that you expected of our tribe and our people,” Lana Causeley said, The Detroit News reported.

The casino went through bankruptcy proceedings.

Indian Gaming Applications Memorandum

While it’s not the memorandum floating around the Michigan state capitol from Interior to Rep. Bert Johnson regarding the Little River request, this press release and memorandum were released yesterday by Interior. (h/t Indianz).

Eastern Shawnee Tribe Also Awarded Injunction against Oklahoma Courts in Gaming Compact Disputes

Here is the opinion: Eastern Shawnee Tribe v. State of Oklahoma.

The Tribe’s motion for summary J and its complaint were posted earlier today here.

Eastern Shawnee Complaint and Motion for Summary J in Gaming Compact Arbitration Case

Similar to the Chickasaw and Choctaw case we noted last week.

Here are the materials in Eastern Shawnee Tribe v. Oklahoma:

2010172 – ESTOO v. OK – Complaint – FILE-STAMPED 5.4.10 – 1 –

2014075 – ESTOO v. OK – Plaintiff ESTOOs Motion for Summary J

Little River Withdraws Petition for Land into Trust, Will Likely Resubmit

From 6/25/10 MIRS (subscription only):

Feds Nix Indian Casino Expansion, For Now
At least for the time being, the U.S. Department of the Interior delayed a Michigan Native American tribe’s plan to move forward with a casino project near the site of the now-defunct Great Lakes Downs Racetrack near Muskegon.

The Little River Band of Chippewa Indians wants to open a casino on the Great Lakes Downs location. The tribe was one of the four tribes that compacted with the state in 1998 for the right to operate class III (Las Vegas style) casinos. It currently operates a casino in Manistee.

Because the location is not within current tribal boundaries, there are several hurdles the tribe would need to clear in order to operate a casino at the Muskegon site. One hurdle has already been cleared. On March 19, Gov. Jennifer GRANHOLM signed two amendments to the state’s compact with the Little River band that would let it build the new casino.

The Governor attached her signature after a deal was negotiated between her administration and the tribe.

“It would mean considerable revenues,” John WERNET, deputy legal counsel told MIRS today. “The good news would be that this would mean more dollars for the School Aid Fund (SAF). The bad news is that this would take years before it happened.”

The next step would be to have the Legislature approve one of the amendments. This is HCR 0054, sponsored by Rep. Doug BENNETT (D-Muskegon), which is currently before the House Regulatory Reform Committee.

Meanwhile, the other amendment to the compact was sent to the U.S. Department of Interior for approval. That’s where the project hit a roadblock.
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Choctaw and Chickasaw Nations Win Injunction against Oklahoma Courts for Accepting Jurisdiction over Claims under their Gaming Compact

Here is the order in Choctaw Nation and Chickasaw Nation v. State of Oklahoma (W.D. Okla.): choctawchickasaworder.

If you’ll recall, the Oklahoma Supreme Court in a series of cases held that state courts were “courts of competent jurisdiction” to take jurisdiction over tort claims brought under a Class III gaming compact approved by Oklahoma voters and, later, several Oklahoma tribes.

Oklahoma tribes (with the State consenting) then invoked the arbitration provision of the compacts, arguing the Supreme Court had violated the terms of the compact. They were successful.

This federal suit followed. Very interesting case.

Federal Court Slip and Fall Action against Eastern Band Cherokee Dismissed

Here is the opinion in Madewell v. Harrah’s (W.D. N.C.): DCT Order Dismissing Slip and Fall Claim

Cert Petition on Hoffman v. Sandia Resort and Casino

Available here, on Mr. Hoffman’s website. here:

Hoffman petition

UPDATE: Incidentally, Hoffman’s attorney apparently is the same Paul Livingston who challenged the Santa Fe Indian Market all those years ago in Livingston v. Ewing, known to (according to an anonymous source) “rant[] in local right wingnut rags about abolishing Indian law.”

Lower court materials here. Local TV coverage here, via Pechanga.

Questions presented:

1. Whether the doctrine of tribal immunity properly bars claims that an Indian Casino cheated a non-Indian gambler by refusing to pay a slot machine jackpot?

2. Whether the “property damage” under the waiver of immunity in Section 8 of the Tribal Gaming Compact applies only to physical damage to property?

As you might suspect, I give this petition very little chance. I would doubt any response is necessary. There’s no split in authority and the case isn’t important on a national level. As for question 1, I am always suspicious of claims that Indian casinos have cheated gamblers because casinos LOVE IT when there’s a jackpot — it means that everyone and their brother is going to show up at that casino to replicate the magic. And question 2 is just patently frivolous.

NYTs on Shinnecock Recognition

From the NYTs:

There’s no irony or attitude at the Shinnecock Nation Cultural Center and Museum, just the whaling artifacts, the carved elk on the front door, the portraits and memorabilia of a people whose history on Long Island goes back thousands of years.

Still, only a deity with a perverse sense of humor could have written the story of the Shinnecocks, which entered a new era on Tuesday when a 32-year legal effort culminated in the formal federal recognition of the tribe.

You could start with the locale: how the bays and beaches the Shinnecocks and their ancestors fished and nurtured for millennia morphed into not just the Hamptons, but some of the richest and snootiest precincts there. That left the Shinnecocks strangers in their own land, a largely poor tribe of 1,200 with an 800-acre reservation tucked amid the lime-green slacks, the $36 lobster roll (Silver’s on Main Street) and the perma-tan, perma-thin habitués of this playground of the seriously rich.

Then there’s been the long legal dance and periodic skirmishes over the tribe’s nuclear option: its threat to build a casino on the reservation that could have turned the standard East End gridlock into a graveyard of permanently immobilized Lexuses, Range Rovers and BMWs.

And now, with the economy still in the tank and development hard to come by, the outsiders at the banquet are the ones holding all the chips. The courting and wooing for what could be one of New York State’s biggest economic projects in many years have been going on quietly for some time.

But the action begins in earnest next month, when, 30 days after the designation, the tribe can start taking official steps to build what could be New York’s answer to Connecticut’s mega-casinos.

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Reorganized Greektown Casino Investors Respond to Stupak

From the Freep via Pechanga:

WASHINGTON – A week after U.S. Rep. Bart Stupak asked the federal Interior and Justice departments to put the brakes on the bankruptcy reorganization of Greektown Casino, a lawyer for the investors set to take control from the Sault Ste. Marie Tribe of Chippewa Indians, said Stupak’s claims on behalf of the tribe should not be allowed to slow the process.

Allan Brilliant, a New York lawyer representing a group of private equity and hedge funds which will take ownership of the Detroit casino, said in his letter Tuesday that U.S. Attorney General Eric Holder and Interior Secretary Ken Salazar should “disregard” Stupak’s request to look into the reorganization, saying the tribe’s “last-minute, baseless attempt to delay such exit (from bankruptcy) is detrimental to all parties that benefit from the revenues generated by the facility.”

Last week, Stupak – a Democrat from Menominee on the Upper Peninsula, where the Sault tribe is based – said Holder and Salazar should look into whether land held in trust by the federal government on behalf of a tribe can be handed over to investors without an act of Congress.

He said some of the land on Beaubien Street in Detroit where Greektown Casino is located was given to the federal government on the tribe’s behalf by private investors.

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