In Oklahoma, the 10th U.S. Circuit Court of Appeals recently ruled the Chickasaw Nation’s Riverstar Casino near Terral, which opened March 1, can continue to operate. The Comanche Nation, which operates a casino about 45 miles away, had argued the U.S. Secretary of the Interior erred when he allowed land near Terral to be placed in trust for gambling purposes by the Chickasaw Nation. The Comanches claimed the Interior Department failed to determine the Chickasaw Nation “exercised governmental authority” over the property before it was taken into trust.
Oklahoma City Federal Judge Joe Heaton rejected that argument in November 2017, and denied the Comanches’ motion to issue an injunction blocking the casino from opening. He said the Interior Secretary’s decision was based on a determination that the Chickasaw Nation did not have a reservation but that the proposed site was within the boundaries of its former reservation and therefore be taken into trust as an “on-reservation” acquisition to be used for gaming.
The appeals court upheld Heaton’s decision. “We take the view of the district court that Comanche Nation is unlikely to succeed on the merits of its challenge to a decision by the Secretary of the Interior to take land into trust for the benefit of Chickasaw Nation and approve the land for gaming,” Judge Carlos F. Lucero wrote for the court in the 13-page ruling.
The Comanches also claimed the Chickasaw casino will cause revenue at Red River to drop 25 percent. The appeals court noted, however, that the BIA is not required to consult other tribes about economic concerns before approving a land-trust application. “Comanche Nation again relies solely on socioeconomic effects of the new casino, and for the reasons stated above, that is not enough to show it was necessarily an appropriate consulting tribe in this case,” the decision stated.
Chickasaw Nation Senior Counsel Stephen Greetham said, “We are pleased the court of appeals agreed with our original assessment. As we have said, the Comanche Nation’s lawsuit fails to raise any factual or legal point of merit. With this appeal completed, we are confident the district court will now proceed with dismissal of the entire case, not just the Comanche motion for preliminary injunction.”
A Comanche attorney said the tribe is considering an appeal to the U.S. Supreme Court.
