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Yahoo
4 days ago
- Politics
- Yahoo
Kansas attorney general: State can legally negotiate gaming compact with Wyandotte Nation
Attorneys representing Gov. Laura Kelly sought a legal opinion on potential of the Wyandotte Tribe entering into a state compact to offer casino gambling that included sports betting. Attorney General Kris Kobach says a Kansas governor is obligated to negotiate in good faith with on a tribal compact. In this image, Kelly speaks at 2024 dedication of a replica of the Ad Astra statue of a Native American pointing an arrow at the North Star. (Tim Carpenter/Kansas Reflector) TOPEKA — Attorney General Kris Kobach said Gov. Laura Kelly was obligated under federal law to negotiate in good faith with the Wyandotte Nation on a compact agreement to allow operation of casino gambling, including sports betting, on tribal land. Negotiations with the Wyandotte Nation wouldn't violate state law applicable to operation of four nontribal casinos in Kansas nor would negotiations be inconsistent with compacts with four tribes in the casino business in Kansas, the attorney general said. On Friday, Wyandotte Nation Chief Billy Friend said he appreciated the attorney general's opinion affirming the tribe's contention that state and federal statute wouldn't interfere with the tribe seeking a gaming compact in Kansas. 'We were pleased with the opinion,' he said. 'We're looking forward to sitting down and negotiating in good faith and coming up with a fair compact.' Kobach's nonbinding legal opinion said the federal Indian Gaming Regulatory Act, or IGRA, governed gaming on tribal land held by the Prairie Band Potawatomi, Sac & Fox, Kickapoo and Iowa tribes in Kansas. IGRA would likewise preempt state law related to a Wyandotte Nation request for a compact applicable to its 7th Street Casino in Wyandotte County and Cross Winds Casino near Park City in Sedgwick County, the opinion said. Under the Kansas Expanded Lottery Act, or KELA, the opinion said the state's jurisdiction over gambling activities was confined to four casinos outside of tribal land in Mulvane, Pittsburg, Dodge City and Kansas City, Kansas. These Kansas Lottery facilities operated through management contracts with private companies. KELA does forbid Kansas from adding state-owned casino zones through 2032. 'Because KELA and the management contracts do not prohibit efforts that further tribal gaming under IGRA, they do not prohibit negotiating with the Wyandotte Nation over a compact,' Kobach said. Kobach said sports wagering could be featured in a compact with the Wyandotte Nation because Kansas permitted that type of gaming at casinos across the state. In 2022, the Legislature and Kelly granted the four state-owned casinos an opportunity to operate sports books. Since 2023, the Iowa, Sac & Fox and Prairie Band Potawatomie nations negotiated sports betting agreements with the state. Friend, chief of the Wyandotte Nation headquartered in northeast Oklahoma, said the intent was to seek a compact with Kansas enabling the tribe to participate in sports gambling. Justin Whitten, chief counsel to the governor, sought the attorney general's insight into the intersection of IGRA and KELA. The request reflected government and industry concern about potential violation of state management contracts with nontribal casinos. 'A compact with the Wyandotte Nation would not fall under, and would not violate, KELA,' Kobach said. 'And, because federal law trumps state law, to the extent there is any conflict between IGRA and Kansas Statutes Annotated 46-2305, IGRA prevails.' Under the existing system of developing gaming compacts in Kansas, a tribe would begin by requesting negotiations with the governor. The negotiated compact documents would be submitted to the Legislature for consideration. If approved, the compact agreement would be forwarded for review to the U.S. Department of Interior. Kobach said the U.S. Supreme Court weakened IGRA's central mechanism for getting states to negotiate with tribes by holding IGRA didn't abrogate state sovereign immunity. 'This means that if the state does not negotiate with the Wyandotte Nation, or if the Wyandotte Nation believes the state is not negotiating in good faith, the state can invoke its sovereign immunity against any resulting suit by the tribe,' Kobach said. While a tribe might not successfully pursue a lawsuit against the state of Kansas, Kobach's opinion said, the federal government could take legal action on behalf of a tribe to sidestep a sovereign immunity defense.
Yahoo
25-04-2025
- Business
- Yahoo
Grand Forks casino proposal dies in House vote
Apr. 24—BISMARCK — A portion of a state Senate bill that included language to move forward a casino proposal in Grand Forks County failed in a Wednesday House vote, likely ending the plan for the conceivable future. Senate Bill 2018, an appropriations bill, included language that sought to allow the Turtle Mountain Band of Chippewa the ability to expand its casino operation beyond current tribal land. Existing state law mandates that the tribe cannot move outside of its traditional boundary. An earlier bill, SB 2376, specifically addressed the potential change but it failed in a 29-15 Senate vote in February. In March, the proposal was inserted into a Senate Bill 2018. At the time, state Rep. Emily O'Brien, R-Grand Forks, said she wanted it in SB 2018 because she considered it an "opportunity for the state to support local and tribal (economic development)." She said the state shouldn't stand in the way of what she considers local development decisions. The proposal was only to let the casino plan move forward, and was not the final say on whether it would be built. Various other approvals — and from various levels, ranging from city to federal — would have been needed prior to construction. On Wednesday, the House voted 66-26 against SB 2018's Division C, where the proposal was inserted. Prior to the vote, several members of the House debated the casino's merits, with O'Brien notably speaking in favor and others against. "For generations, tribal nations have fought for the right to self govern and build their own economies and to provide for the people with dignity and independence," she said. "Under the Indian Gaming Regulatory Act, tribal casinos are not just entertainment venues, but engines of opportunity. They fund schools, health care clinics, housing, addiction treatment and public safety on reservations, where those needs are urgent and under-resourced. "This is not a handout." But some felt the casino would open the possibility of tribes branching outward en masse while potentially having an adverse effect on the state's charitable gaming industry. Grand Forks Republican Rep. Nels Christianson said "compromise" and "balance" with gambling already exist in North Dakota. He believes that allowing expansion of American Indian gaming outside of a tribe's borders would jeopardize that balance. "A casino in Grand Forks County upsets that great consensus. Let us not have any misconceptions about this: A casino in Grand Forks will mean, eventually, a big casino adjacent to each large city in our state," he said. "This means money leaving our community and each tribe will feel the need to upstage the next for the best location adjacent to another North Dakota community." He added: "The proposed casino in Grand Forks County represents a giant monster sucking the lifeblood and earnings out of our community. I stand against this monster and I seek to slay it." Rep. Matthew Heilman, R-Bismarck, wondered aloud if allowing the proposal to move forward would be detrimental to the existing charitable gaming industry. "I'm not really sure," he said, answering his own question. "But I don't want to find out. ..." O'Brien specifically addressed charitable gaming during her short speech on the House floor. She said she supports the industry; meanwhile, she said, North Dakota charitable gaming has grown in recent years. "As of Dec. 31, 2024, there are five tribal casinos in North Dakota, compared to 328 licensed gaming entities, which includes 846 sites and 5,250 e-tab machines," she said. "These machines are easily accessible at our local restaurants, bars and fraternal clubs. And in 2022 alone, charitable gaming generated more than $1.7 billion — that's a 560% increase in just five years." At the same time, she said, tribal casinos are confined to traditional areas and thus are being "boxed out" as other gambling grows. "They are held to a stricter set of rules, bound by federal oversight and denied the ability to expand or relocate under state law. This is not equity and it's not balance," O'Brien said. "Both (industries) deserve our support." During his testimony, Rep. Mike Nathe, R-Bismarck, said he has received numerous emails from charitable organizations "that the sky is falling." "The more charitable gaming emails I get, the more I want to investigate these guys," he said. Rep. Lawrence Klemen, R-Bismarck, said the casino proposal reminds him of the failed Fufeng proposal. Announced in 2021and abandoned in 2023, the plan called for the China-backed company to build a corn mill on the edge of the city. It was abandoned when the Air Force declared the project a potential threat to national security. "Well, I think I've heard enough from the city of Grand Forks on this subject. I don't think we should be approving what they do in the name of economic development," he said. Later in the session, O'Brien rose to address "hurtful" comments. "Our discussion should focus on the merits of the issue at hand and not on questioning each other's motives," she said, reminding members about decorum. "... While I would accept an apology, the damage has been done and I expect more from this chamber." According to a report filed Thursday by Forum Communications columnist Rob Port , Klemen did email an apology to O'Brien and Rep. Jayme Davis, R-Rolette, who is a member of the Turtle Mountain Band of Chippewa.
Yahoo
25-03-2025
- Business
- Yahoo
United Auburn Indian Community files lawsuit over casino project
( —The United Auburn Indian Community announced they have filed a lawsuit against the U.S. Department of the Interior's approval of the Scotts Valley Band of Pomo Indians' casino project in Vallejo, California. Video Above: Sky River Casino announces expansion plans with hotel In the lawsuit, UAIC claims the approval violates the Indian Gaming Regulatory Act, the National Environmental Policy Act, the Indian Reorganization Act and the Administrative Procedure Act. UAIC also states that the approval of the casino project was, 'rushed and politically motivated, occurring just days before the end of the Biden Administration.' Uproar over national security lapse The lawsuit also said the Department violated federal policy by not consulting with impacted tribal governments. 'The approval of this casino is a blatant violation of federal law and sets a dangerous precedent for tribes that have followed the established rules for Indian gaming,' said John L. Williams, Chairman of the United Auburn Indian Community. 'For decades, our tribe has worked to uphold the integrity of the Indian Gaming Regulatory Act and prevent opportunistic gaming proposals that ignore history and harm responsible tribal governments.' According to UAIC, the proposed casino would be a massive, 615,000-square-foot development in a high-traffic corridor, on a sensitive habitat at the intersection of Highway 80 and Highway 37, near the gateway to the San Francisco Bay Area. They said the location is far from the tribe's aboriginal homeland. Some of their concerns include: Encroachment upon the ancestral lands of other tribes The environmental impact Increased congestion The protection of tribal cultural resources The precedent of placing casinos in densely populated urban areas under questionable legal authority. UAIC highlights the history of the Scotts Valley Band of Pomo Indians attempting to implement off-reservation casinos, claiming they attempted it in 1991, 2012 and 2019. The Scotts Valley Band of Pomo Indians the U.S. Department of the Interior have not made a statement regarding the lawsuit. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Boston Globe
24-02-2025
- Politics
- Boston Globe
Federal Judge Bruce Selya was known for his extensive vocabulary. Here are some of his brilliant decisions.
Related : If you have the time today, here's a rundown of some of Selya's brilliant decisions during his tenure on the bench. 👨⚖️ 'This rebuttal is all foam and no beer.' – Decision denying appeal former fall river mayor Jasiel Correia, who was convicted on corruption charges. Advertisement 👨⚖️ 'Most people would think that bilking a widow out of her life's savings is outrageous; some would think that charging $5.25 for a salted caramel mocha frappuccino is outrageous. But everyone would agree that the two acts are qualitatively different, and are not deserving of the same level of opprobrium.' – Decision affirming a ruling on the Massachusetts Tips Act. Get Rhode Map A weekday briefing from veteran Rhode Island reporters, focused on the things that matter most in the Ocean State. Enter Email Sign Up 👨⚖️ 'After careful perscrutation of a scumbled record, we conclude that some of the petitioners' claims are unpreserved, some are subject to a jurisdictional bar, and others are simply not actionable. The common denominator is that none of the claims can proceed in the district court.' – Decision affirming the dismissal of a lawsuit related to ICE raids in New Bedford. 👨⚖️ 'In this diversity case, 28 U.S.C. § 1332, governed by the substantive law of Massachusetts, plaintiff-appellant Richard C. Powers had three chances to put the ball in play. He struck out. At the last, the district court dismissed Powers' second amended complaint for failure to state an actionable claim. 12(b)(6). Powers says that the strike-out call was a blunder. We find the side was retired in accordance with the rules and, therefore, affirm the dismissal." – Decision affirming a ruling on lawsuit challenging an employee's contract with a private company. Advertisement 👨⚖️ 'In sum, once Congress has spoken, a court cannot override the unambiguous words of an enacted statute and substitute for them the court's views of what individual legislators likely intended. Any other rule imports a virulent strain of subjectivity into the interpretive task and, in the process, threatens to transfer too large a slice of legislative power from Congress to the courts.' – Decision on the Indian Gaming Regulatory Act in Rhode Island. Related : 👨⚖️ 'We are equally unpersuaded that the court's policy of keeping all legal memoranda hidden from public view is warranted based upon hypothetical concerns about overzealous counsel behaving badly. Judges deal every day with the need to ensure that lawyers play fair and square, and we are unwilling to assume, without hard evidence, that lawyers who practice in the District of Rhode Island are so unruly that ordinary antidotes to fractiousness (e.g., sanctions, contempt, loss of the right to practice) will prove impuissant.' – Decision on a lawsuit brought by The Providence Journal during Buddy Cianci's corruption trial. 👨⚖️ 'The record evinces egregious governmental misconduct; the FBI agents responsible for handling Barboza exhibited a callous disregard for the scapegoats' rights. But it is our duty to interpret and apply the law even-handedly, regardless of the egregiousness of a defendant's misconduct.' – Decision upholding the award of $101.7 million in damages to mobsters who were framed for a crime they didn't commit. Advertisement 👨⚖️ 'This thriving rental market among college students has proven to be both a blessing and a curse. On the one hand, the clamor for student housing is an economic boon to property owners willing to rent their dwellings. On the other hand, the sheer mass of exuberant young people and their predilections have proven to be a threat to the quality of life in a quiet enclave.' – Decision affirming a ruling on the town of Narragansett's 'orange sticker' ordinance. This story first appeared in Rhode Map, our free newsletter about Rhode Island that also contains information about local events, links to interesting stories, and more. If you'd like to receive it via email Monday through Friday, . Dan McGowan can be reached at
