The Tahlequah, Oklahoma-based Cherokee Nation’s Principal Chief Bill John Baker recently announced work will begin next month on a new casino in South Coffeyville. “The north end of the Cherokee Nation is sorely in need of more jobs. This will be a small casino but will still employ 100 citizens in our northern end. One hundred jobs is a big deal to me and especially important if you’re one that gets one of them. It’s close to a fairly good population area up in Coffeyville, which will bring Kansas dollars into the tribe. We are excited about the opportunity, as we had no trust land in any decent place within the Cherokee Nation to put in a smaller travel plaza or casino.”
The eighth casino in the tribe’s jurisdiction, the small modular casino in South Coffeyville will be built on leased land on a restricted Indian allotment, one mile south of the Kansas border and more than 110 miles from tribal headquarters in Tahlequah. The allotment is within the tribe’s 14-county jurisdictional area and is owned by a Cherokee family. Therefore the tribe did not have to apply to the Interior Department to have the land taken into federal trust, nor will it require local or state approval to use the allotment for the casino.
Shawn Slaton, chief executive officer of Cherokee Nation Business, said the casino will offer up to 300 gaming machines, and possibly more in the future. Ultimately the tribe wants the property to resemble its Tahlequah, Ramona or Fort Gibson casinos. “We think that the area is a good area for a small offering, and we feel like that area is underserved. We think it will be a good facility, and we’re looking forward to working with that community. They’re excited for the new business and jobs that the casino is expected to bring.” Slaton stated it was too soon to determine a cost for the casino.
The Cherokee Nation also owns and operates casinos in Sallisaw, Roland, West Siloam Springs, Claremore, Catoosa, Ramona and Tahlequah.
Meanwhile, the Kialegee Tribal Town filed a suit in the 10th Circuit Court of Appeals seeking dismissal of the state of Oklahoma’s lawsuit stopping the tribe from opening a casino–also on an Indian allotment–in Broken Arrow, near Tulsa. A federal judge said the tribe lacked jurisdiction over the site, and noted the tribe can be sued for allegedly violating the Class III gaming compact.
However, the Kialegee noted the U.S. Supreme Court’s June 25 decision in Michigan v. Bay Mills Indian Community does not allow states to sue tribes for activities that do not occur on “Indian lands,” as that term is defined in the Indian Gaming Regulatory Act. Tribal officials said the National Indian Gaming Commission has determined that the site in question does not meet the definition of “Indian lands,” so the state’s suit must be dismissed.
In a supplemental brief to the 10th Circuit Court of Appeals, the tribe stated, “Bay Mills shows why Oklahoma’s complaint, which alleges unlawful gaming off Indian lands, makes out no claim ‘arising under’ IGRA.” The 10th Circuit put a hold on the case while awaiting the Bay Mills decision.
