Federal Court Rejects Non-Indian Group’s Attempt to Take Advantage of IGRA

Here is the opinion in Department of Texas Veterans v. Dorning (N.D. Ala.) — Dept of Texas Veterans v Dorning

The plaintiffs argued that they were “Class II” bingo under IGRA:

Plaintiff’s final argument is that it is entitled to summary judgment on the legality of its bingo games because the gaming system at issue is a “Class II” game under the Indian Gaming and Regulatory Act.138 See 25 U.S.C. § 2701 et seq. However, that Act applies only to the conduct of gambling operations on Indian reservations, see 25 U.S.C. § 2710, and it is undisputed that the Triana operation at issue is not located on Indian lands.139 Consequently, plaintiff’s argument does not merit further discussion.

NY Gov. Paterson Endorses Shinnecock Recognition Petition

From the NYTs:

ALBANY — Gov. David A. Paterson has endorsed an Indian tribe’s bid for federal recognition, an important step for a tribe that wants to build the first casino in New York City or its suburbs.

Mr. Paterson is the first governor to make such a public embrace of the marathon effort by the Shinnecock Indian Nation to gain recognition. In a Sept. 22 letter to Ken Salazar, the secretary of the interior, the governor wrote, “to say federal recognition of the Shinnecock is long overdue would be an understatement” and called for the Obama administration to recognize the tribe, which is based in Southampton, N.Y.

Tribal leaders hailed his move as a key victory, because the federal government is in the final stages of considering the tribe’s application and might have been deterred without support from the governor.

“There have been a lot of things said about Governor Paterson in the media,” said Randy King, the chairman of the tribe. “Politics is a rough business. To us, he’s a man of principle.”

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Federal Judge Contempt Order against Ysleta Del Sur Pueblo

Here are the materials in the ongoing dispute over gaming in El Paso (reported here, via Pechanga).

Texas Motion for Contempt

Tigua Response Brief

Texas Reply Brief

DCT Order Granting Motion for Contempt

And an additional order, just for fun:

DCT Order Clarifying Judgment