An 18-year-old lawsuit by the state of Texas against the Tigua Indians of El Paso recently came to an end. U.S. District Judge Kathleen Cardone denied two motions by the state to hold the Tiguas in contempt for offering bingo games at their entertainment centers in Lower Valley. Cardone also denied the state’s request to allow investigators from the Attorney General’s office onto Tigua property to inspect the entertainment centers.
Cardone stated she actually closed the case almost a year ago, after she ordered the tribe to stop offering electronic sweepstakes games.
In her ruling, Cardone wrote, “The court reiterates that if the attorney general can establish through ‘clear and convincing evidence’ that the Tiguas have violated an order of this court in the instant case, a motion for civil contempt is appropriate in the instant case.”
Dolph Barnhouse, an attorney for the tribe, said Cardone’s ruling is “a big deal. She’s saying if the Attorney General’s Office thinks there’s a violation of the 1987 law recognizing the Tiguas then they need to file a new action.”
Both sides have agreed that Attorney General Ken Paxton’s office can request to conduct an inspection according to the federal rules of civil procedure. This reverses a previous Tribal Council decision from June prohibiting state police from entering the complex undercover. Investigators now may enter the gaming center and videotape their inspection. Then, if the state believes it has evidence that the tribe is violating Cardone’s earlier order, the judge said the attorney general can file a new case. Attorney General’s office spokeswoman Kayleigh Lovvorn said, “If this inspection reveals evidence of illegal activity, Texas will move forward to enjoin that activity and bring the tribe into compliance with state gaming law.”
The Tiguas and the Alabama-Coushatta tribe claim they should be allowed to offer class II gambling machines under the regulation of the National Indian Gaming Commission. Barnhouse noted the Kickapoo tribe successfully operates a casino in Eagle Pass under such an arrangement. He said, “I don’t think the courts are the answer,” and instead called on Paxton and Governor Greg Abbott to negotiate with the Tiguas and the Alabama-Coushattas for an arrangement similar to the Kickapoo’s.
The Texas-Tigua lawsuit originated in 1999, when the tribe operated a Las Vegas-style casino, Speaking Rock, which was forced to close. Since then the tribe has offered sweepstakes games, then electronic bingo machines.
