In this case, the Washington Court of Appeals, Division II, rejected various state constitutional challenges to the Washington tribal gaming compacts by an individual who wanted to operate his own gambling enterprise outside of the tribal compacting structure. As you can imagine, Rule 19 (the Washington version) was dispositive.
Here is the opinion.
The questions presented are:
Whether the State of Washington Cigarette Tax laws are federally preempted and inapplicable to an American Indian motor carrier hauling cigarettes between Indian reservations in Interstate and Indian Commerce.
Whether the laws of the State of Washington can regulate an enrolled tribal Indian shipping goods between a federally recognized Indian Reservation in Idaho to his business on the reservation of his membership located in the State of Washington.
From the opinion by the Washington Court of Appeals:
We hold that, because he did not commit any traffic violations involving the operation of a motor vehicle, the State lacked the jurisdiction necessary to prosecute Pink, an enrolled tribal member, for allegedly unlawfully possessing a firearm in violation of RCW 9.41.040 on SR 109 within the Quinault Tribe lands.
The Washington Court of Appeals recently decided Foxworthy v. Puyallup Tribe of Indians, a dram shop tort claim against a tribal business enterprise. The Court held that the Puyallup tribe hadn’t waived its immunity in state court.
The opinion is here.
The plaintiff’s brief is here: Foxworthy Opening Brief
The tribe’s response is here: Puyallup Response Brief
The plaintiff’s reply is here: Foxworthy Reply Brief
The Washington Court of Appeals recently decided Foxworthy v. Puyallup Tribe of Indians, a dram shop tort claim against a tribal business enterprise. The Court held that the Puyallup tribe hadn’t waived its immunity in state court.
The opinion was out, but is missing online at the moment. When I get a nice, clean pdf I’ll put it up. It is on Westlaw, etc.
The plaintiff’s brief is here: Foxworthy Opening Brief
The tribe’s response is here: Puyallup Response Brief
The plaintiff’s reply is here: Foxworthy Reply Brief
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