The House of Representatives last week passed H.R. 759, which would allow the Alabama-Coushatta Tribe of Texas to operate a Class II casino on its reservation in Naskila. It awaits action in the Senate, where it’s path to adoption isn’t nearly as clear.
The bill, called the Ysleta del Sur Pueblo and Alabama-Coushatta Tribes of Texas Equal and Fair Opportunity Settlement Act, would also allow the Tigua Tribe (Ysleta del Sur Pueblo) to operate a casino.
Normally the Indian Gaming Regulatory Act of 1988 is relatively unambiguous about the rights of tribes to offer Class II gaming without a state tribal gaming compact. However, there is ambiguous language concerning the Alabama-Coushatta Tribe which the bill authored by Rep. Brian Babin would clarify.
Babin points out that the Traditional Kickapoo Tribe of Texas has operated a casino without hindrance from the state since 1996.
Babin told a local radio station last week, “It’s a matter of fairness, that’s what this bill is all about. Treat the Alabama-Coushatta the way the Kickapoo Tribe of Texas is being treated.”
Supporters say the casino in question injects about $140 million into the local economy annually.
One of those supporters is U.S. Senator John Cornyn, who said he will push for its passage in that chamber. It’s unknown how the state’s other senator, Ted Cruz, views the matter. Thirteen other Lone Star State lawmakers also support the bill.
If the bill doesn’t pass, the Alabama-Coushatta will probably be forced to close their casino. On March 14, the 5th Circuit Court of Appeals ruled that the tribe could not operate a casino due to the language of the law that recognized the tribe. Both tribes were recognized in 1987 by an act of Congress that put the Alabama and Tigua tribes under state jurisdiction.
Chairwoman Cecilia Flores has vowed to take the case to the U.S. Supreme Court. “There are 371 full-time jobs at stake, and we have a moral obligation to fight for every one of the people working at Naskila Gaming,” she declared.
“Our alcohol-free facility is making a significant difference in the lives of East Texans and we will continue to pursue every legal avenue to continue operating Naskila Gaming on our tribal lands,” Flores said in March.
