Judge Stays Live Poker Injunction

U.S. District Judge B. Lynn Winmill recently denied a motion to suspend an injunction he imposed earlier this month on live poker games at the Coeur d'Alene Tribe's northern Idaho casino (l.). Previously the state Lottery Commission said live poker was illegal. The tribe will appeal Winmill's ruling.

When the Coeur d’Alene Tribe said it would to offer live Texas Hold ‘Em games at its Coeur d’Alene Casino and Resort in northern Idaho, the state Lottery Commission said live poker was illegal. Backing up the commission, on September 5, U.S. District Judge B. Lynn Winmill ordered the tribe to stop the poker games. On September 18, Winmill denied a motion to suspend that injunction, stating, “The court finds that the public’s interest is furthered by keeping the injunction in place. The court also finds that the public’s interest is furthered by upholding Idaho state law.”

In response, the casino’s Chief Executive Officer David Matheson noted up to 49 people could lose their jobs as a result. “If the Texas Hold ‘Em tournaments continue to be enjoined, the tribe and/or its members will suffer significant harm in that the tribe may be forced to terminate, eliminate and/or jeopardize the continued employment of its members, and other nonmembers, whose jobs support the operation of such tournaments,” Matheson wrote.

He added, due to offering live poker, the tribe benefited from “overall increased revenues from other gaming operations, increased occupancy at the casino and resort hotel, and overall increased non-gaming retail sales. These revenues go to the tribe to fund all tribal government programs, to include, but not limited to, education, police and social services.”

Tribal spokesperson Heather Keen added, “We were disappointed in that initial decision, but this stay request was primarily a procedural step and a kind of legal formality. We didn’t expect the judge to reverse course on his decision.” Keen said the tribe will move forward on an appeal to the 9th U.S. Circuit Court of Appeals to stay the injunction. Keen added the tribe also has asked the 9th Circuit to consider a hearing on the merits of the case and the legality of Texas Hold ‘Em on the tribal reservation.

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