The Ho-Chunk Nation recently filed a brief in federal court urging a judge to reject the Stockbridge-Munsee Band of Mohicans’ lawsuit seeking to halt Ho-Chunk’s plans to expand their Wittenberg, Wisconsin casino. Stockbridge-Munsee sued Ho-Chunk and the state of Wisconsin in federal court last month claiming the expansion will hurt Stockbridge-Munsee’s North Star casino-resort located 20 miles east of Wittenberg.
Ho-Chunk said in the brief, “Even if the Stockbridge-Munsee’s allegations are accepted at face value, they amount to nothing more than a poorly disguised attempt to protect its revenue stream by interfering with the business operations of a competitor.”
Stockbridge-Munsee spokeswoman Megan Hakes said, “All we are seeking is fair enforcement of gaming compacts for all tribes.”
Construction already has begun at Ho-Chunk’s Wittenberg casino, which will add slot machines, table games, a restaurant and hotel. In its lawsuit, Stockbridge-Munsee argue the Ho-Chunk’s plans go beyond an ancillary facility, as outlined in its gaming compact.
In addition, the lawsuit contends the Ho-Chunk received the Wittenberg land from the Native American Church in 1969 contingent on building housing on it in five years. No housing was built so the land technically reverted back to the church in 1974. Federal law prohibits gambling on trust land acquired after 1988, so the Stockbridge-Munsee allege the Ho-Chunk can’t legally offer gambling in Wittenberg at all. In response, the Ho-Chunk said it built housing for church members on the site shortly after the 1969 deed was signed, which church leaders acknowledged in 2008.
The Ho-Chunk also argue a preliminary injunction would lead to expensive delays and interfere with the tribe’s right to self-government on its lands. The Ho-Chunk said if a judge issues an injunction, the Stockbridge-Munsee should be required to post a bond of at least $10 million to protect from potential damage.
Furthermore, in the brief the Ho-Chunk said the Stockbridge-Munsee only are speculating their casino will lose money because of the Ho-Chunk expansion. They said to save money, the Stockbridge-Munsee can withhold payments to the state—which is what Stockbridge-Munsee informed Governor Scott Walker’s administration it intends to do, in the amount of $923,000.
