racetrack

Coeur d’Alene Tribe Wins Writ of Mandamus from Supreme Court of Idaho

Sarah M Donnelly

Opinion in Coeur d’Alene Tribe v. Lawrence Denney here.

Star Tribune article covering decision here.

The Supreme Court of Idaho ruled in the Coeur d’Alene Tribe’s favor yesterday when it ordered the Secretary of State to put in effect S.B. 1011.  The bill repeals a section of Idaho code enacted in 2013 that permitted wagering on “historical” horse races.  That law led to millions being invested in racing machines at non-Indian racetracks, but the Tribe and other critics claimed they were more similar to slot machines illegal under Idaho law.

The repeal went before the Governor on March 30, 2015.  However, he did not veto the bill until April 6, after the constitutionally mandated 5-day deadline.  Despite the violation, Idaho’s legislature took a vote to override the veto but it did not get a supermajority and the Secretary of State refused to certify the bill into law when the Tribe requested.

The Shinnecock Tribe and the Handbook of Federal Indian Law

Matthew L.M. Fletcher

The Shinnecock tribe has an interesting argument in favor of their federal recognition. From the East Hampton Star:

“The Shinnecocks have since sued the Department of Interior in federal district court to be placed on the list. They maintain it is illegal to not place them on the list after they have received federal judicial recognition.

“The tribe also filed an amended complaint incorporating documents that show that the tribe was listed in a 1914 Department of Interior report to the United States Congress as a tribe in New York State subject to federal jurisdiction with federally protected lands. This was reaffirmed in other department lists dated 1929, 1938, and 1941, according to the Shinnecocks.

“Mr. Gumbs noted that the tribe was also included in a book “The Handbook of Federal Indian Law,” compiled by Felix Cohen for the Department of the Interior in 1945, which includes the Shinnecocks in its listing of tribes in New York State. The tribes listed here and in the other department lists have all since been added to the department’s current list of federally recognized tribes or have successfully sued to be placed on it without having to go through the Bureau of Indian Affairs review, he said.”

More details of the tribe’s claims are here.

Shinnecock Alters Gaming Proposal

Matthew L.M. Fletcher

Now it’s not going to be a casino….

Here’s the story, from Indianz…. “The Shinnecock Nation of New York is offering to drop its controversial plans for a casino on Long Island.

The tribe instead wants to build a $1.4 billion gaming resort at the Aqueduct Racetrack in Queens. A last-minute proposal is being submitted today.”

Update: The New York Times coverage is here.