In 2010, Jerry Rape put into an electronic bingo machine at the Wind Creek Casino in Montgomery, Alabama, operated by the Poarch Band of Creek Indians. Soon “several noises, lights, and sirens were activated” and the “payout multiplier” indicated Rape had won ,377,000. Casino officials then took Rape’s payout ticket and made him wait 24 hours before informing him the machine had “malfunctioned.”
Rape sued the casino in tribal court but the lawsuit was dismissed. The court ruled the tribe had sovereign immunity and could not be sued. Rape appealed twice and was rejected both times.
Finally he took his case to the Alabama Supreme Court, which last week ruled 7-0 he could not sue the tribe in state court, only in tribal court. The court wrote, “The activity out of which Rape’s claim arose, however, was gambling. If it occurred on land within the regulatory and adjudicative jurisdiction of the state of Alabama, that activity was illegal. Specifically, that land is located in Elmore County and, therefore, is not located in one of the counties in Alabama where even the game commonly and traditionally known as bingo is permitted.”
The court noted because of the “unique circumstances of the case” there was “no analytical path to an award of relief” for Rape. His attorney, Matt Abbott, said Rape’s legal options now have been exhausted. “It’s over. They said they were immune to any kind of fraud that I made in the complaint. They said rules don’t apply to them, and ‘Have a nice day.'”
Poarch Band spokeswoman Sharon Delmar said, “We are pleased that the court affirmed the ruling in favor of the tribe.”
