Tribe’s fight with Texas continues, despite progress – San Angelo Standard Times

MARTY SCHLADEN, USA TODAY NETWORK 9:42 p.m. CT March 6, 2017

The Tiguas say the Attorney Generals Office must show that bingo is illegal under Texas law if it wants to stop the games at Speaking Rock Casino.(Photo: USA TODAY NETWORK)

AUSTIN Some progress was made last week in an epic lawsuit between the Texas Attorney Generals Office and El Pasos Tigua tribe, but the legal battle will continue.

The state agreed to file an amended complaint against the Tiguas, while the tribe and the AG agreed on procedures under which the state caninspect the tribes entertainment centers.

At issue is whether the Tiguas can continue to offerbingo gamesafter U.S. District Judge Kathleen Cardone last year ordered the tribe to stop offering electronic sweepstakes games.

More broadly, the Tiguas and the Alabama-Coushattas in East Texas believe they should be allowed to offerClass II gaming under the regulation of National Indian Gaming Commission.

The states case against the Tiguas was filed in 1999 and technically closed in May. But arguing that the tribe is continuing to violate the law by offering bingo, the attorney general has persisted, asking Cardone to allow its personnel to go into the Tigua entertainment centers to conduct inspections.

The Tiguas have countered that bingo is legal in Texas and that, as a sovereign tribe, it has the right to exclude state law enforcement from its premises.

Dolph Barnhouse, the tribes attorney, on Monday said that the Attorney Generals Office will file an amended complaint against the tribe, and the tribe wont contest the states request to file it in a case thats technically closed.

That doesnt mean (Cardone) has to grant it, Barnhouse said.

The Attorney Generals Office couldnt immediately be reached for comment.

Barnhouse said that progress also was made last week inregard to inspecting the tribes entertainment centers. The Attorney Generals Office has agreed to request an inspection under thefederal rules of civil procedure, Barnhouse said.

Those rules allow the Attorney Generals Office to ask to see records and inspect the entertainment centers, but they also allow the Tiguas to object to those requests.

They cant just say, I have a bad feeling about your place;let me see everything, Barnhouse said.

Barnhouse said its hard to tell how much longer the litigation will last.

The Alabama-Coushattas are embroiled in a separate case with the state over electronic bingo. If the federal courts rule that the tribe is allowed to offer Class II gaming under federal regulation, the litigation with the Tiguas seems likely to end.

Marty Schladen can be reached at 512-479-6606;mschladen@gannett.com; @martyschladen on Twitter.

Read or Share this story: http://www.gosanangelo.com/story/news/local/texas/2017/03/06/tribes-fight-texas-continues-despite-progress/98836416/

Excerpt from:

Tribe's fight with Texas continues, despite progress - San Angelo Standard Times

Related Posts

Comments are closed.