IGRA

Michigan Gaming Compact Negotiation News Coverage

Matthew L.M. Fletcher

From the Alpena News:

The Fletcher law firm in Lansing, which specializes in Native American legal issues, has said when the 20-year-old agreements expire is up for interpretation. Some experts cite a provision implying that the deals automatically roll over for five years if no new ones are reached.

And from MLive:

The state is looking at getting back some of that revenue sharing, but tribes will generally oppose that unless the state offers meaningful concessions, said Zeke Fletcher, a Lansing-based tribal lawyer and citizen of the Grand Traverse Band. He is not representing any tribes in the negotiations.

Traditionally, “meaningful concessions” have meant statewide exclusive rights to offer Vegas-style, or class III gaming, Fletcher said. In more recent compacts the state secured revenue sharing in exchange for more of a regional protection from competition, according to a blog post from Fletcher’s colleague, Bryan Newland.

Newland’s posts are here and here.

Second Circuit Briefs in Challenge to Seneca’s Buffalo Casino

Matthew L.M. Fletcher

UPDATE — these briefs have been superceded with final form briefs (whatever that means) available here.

Here are the materials in Citizens against Casino Gambling in Erie County v. Hogen:

CACGEC Opening Brief

Federal Appellee Brief

Seneca Amicus Brief

CACGEC Reply Brief

Lower court materials here.

NIGC and Interior Opinions on Wampanoag Tribe of Gay Head (Aquinnah)

Matthew L.M. Fletcher

Here:

Aquinnah Land Opinion 10-25-13 copy

2013.08.23 – Aquinnah Settlement Act Interpretation (signed)-2 copy

Oregon COA Affirms Governor’s Authority to Enter into Indian Gaming Compacts

Matthew L.M. Fletcher

Here are the materials in Dewberry v. Kitzhaber (Or. App.):

Oregon COA Opinion

Appellants Opening Brief

Respondents Joint Answer Brief

Tribal Amicus Brief

Appellants Reply Brief

An excerpt:

In summary, the Oregon legislature authorized the Governor to enter into agreements with tribes to ensure that the state does not infringe on tribal rights under federal laws, such as IGRA. The trial court correctly concluded that the Governor acted lawfully under ORS 190.110 in negotiating and entering into the tribal-state compact with the Tribes.

Two Important ICT Commentaries on Michigan v. Bay Mills

Matthew L.M. Fletcher

The first commentary is from Native Nations Institute commentators Ryan Seelau and Dr. Ian Record:

Will the Supreme Court Use Bay Mills Case to Blow Up Tribal Sovereignty?

Read more at http://indiancountrytodaymedianetwork.com/2013/11/05/sovereign-immunity-and-bay-mills-case-how-tribes-can-prepare

 

The second commentary is from Gabriel Galanda and Ryan Dreveskracht of Galanda Broadman:

The Bay Mills Buck Stops With NIGC

Read more at http://indiancountrytodaymedianetwork.com/2013/11/06/bay-mills-buck-stops-nigc

Supreme Court Amicus Briefs in Support of Bay Mills Indian Community

Matthew L.M. Fletcher

Actually, so far, we only have one….

Here:

12-515 bsac SCHOLARS OF AMERICAN INDIAN LAW

12-515 bsac National Congress of American Indians

Seminole amicus

US Amicus Brief

Bay Mills Indian Community Merits Brief

Matthew L.M. Fletcher

Here:

BMIC Brief

 

Update in Little River Off Reservation Casino Proposal

Matthew L.M. Fletcher

Here, from LRB:

Little River Band of Ottawa Indians Ogema Larry Romanelli made a surprise announcement at the tribe’s Fall Membership meeting shortly before 2 p.m. this afternoon. He announced that Michigan Governor Rick Snyder has agreed to let the tribes’ petition to establish a casino proceed to the Bureau of Indian Affairs (BIA) for consideration.

Romanelli brought the Muskegon Casino task force members to the stage at the Makwa Endaat Entertainment Center as details of the announcement were told to the assembled tribal members. Romanelli thanked the task force and past and present members who contributed so much to the four year long effort. The announcement was officially released on the state side by Senator Geoff Hanson in Muskegon.

Tribal Council Speaker Virg Johnson, reacting to the announcement stated that, “We are ecstatic that Governor Snyder has made this move in support of consideration of our project in Muskegon. Our tribe is excited about the potential of our proposed resort to help the people of the Muskegon area and Fruitport in particular…an area hard hit by economic challenges over recent years.”

The Muskegon region is home to a large concentration of tribal citizens who, along with all units of government in the area, actively support the casino project.

Ogema Romanelli, revealed that he and task force members have been waiting to share the information for several days in order for Senator Hanson to make the official announcement. This approval by the Governor is the first step in a multi-step process of due diligence that’s required of the Secretarial Determination Process.

The proposed casino would be on the site of the old Great Lakes Downs race park just off of the intersection of I-96 and US31.

Federal Court Orders Fond du Lac Band to Pay Rent to City of Duluth for 2009-2011 as Gaming Revenue Sharing

Matthew L.M. Fletcher1 Comment

Here are the materials in this iteration of City of Duluth v. Fond du Lac Band of Lake Superior Chippewa (D. Minn.):

258 City of Duluth Motion for Stay

262 Fond du Lac Rule 60 Motion

266 Fond du Lac Response to Motion for Stay

269 City Response to Rule 60 Motion

270 Reply in Support of Rule 60 Motion

273 DCT Order

News coverage here.

This case is on remand from the Eighth Circuit; materials here.

The City has a pending matter against the NIGC here.

Federal Court Rules in Favor of Pueblo of Santa Ana in Challenge to Alleged Waiver of State Court Immunity in Gaming Compact

Matthew L.M. Fletcher1 Comment

Here are the materials in Pueblo of Santa Ana v. Nash (D. N.M.):

52 — Pueblo Motion for Summary J

55 — Judge Nash Response

63 — Pueblo Reply to Judge Nash

65 — Mendoza Response

69 — Pueblo Reply to Mendoza

90 — DCT Order

91 — Judgment

An excerpt:

Specifically, the Court hereby enters a declaration that the Indian Gaming Regulatory Act, 25 U.S.C. § 2701, et seq. (“IGRA”) does not authorize an allocation of jurisdiction from tribal court to state court over a personal injury claim arising from the allegedly negligent serving of alcohol on Indian land, and further that the New Mexico State District Court does not have jurisdiction in the case of Gina Mendoza, Michael Hart and Dominic Montoya v. Tamaya Enterprises, Inc., d/b/a Santa Ana Star Casino, CIV 2007-005711 (“underlying state court litigation”).

Prior federal court order and materials here.