The state of Kansas filed a petition filed with the Supreme Court on September 25, arguing the 10th Circuit Court of Appeals was wrong when it ruled National Indian Gaming Commission’s opinion was merely “advisory” in regard to the Quapaw Indians’ Downstream Casino Resort. The Quapaws want to expand the casino. However, it sits on land where Oklahoma, Kansas and Missouri come together. Gambling has been limited to the Oklahoma portion because it was the only one in trust when the facility opened in 2008.
However, the Kansas portion was placed in trust in 2012. That’s when the NIGC issued its opinion. Kansas sued the NIGC and the 10th Circuit ruled against the state. It claims the NIGC opinion gives the tribe the “legal assurance it needed to expand its casino to Kansas” so it should be considered a final action. “Without the NIGC legal opinion, the uncertainty regarding whether the Kansas land is eligible for gaming would have precluded the tribe from expanding its gaming operations to the Kansas land,” the state said.
Downstream has not expanded gambling despite the NIGC opinion because Kansas will not negotiate a Class III gaming compact with the tribe. The Quapaws sued Kansas but dropped the case when the state
asserted its sovereign immunity.
The Kansas portion at Downstream totals about 124 acres and is being used as a parking lot and support area for the casino. The tribe had said it would build a 40,000 square foot, two-story addition with a gaming floor offering Class III games and other amenities.
The Department of Justice has until October 30 to respond to the state’s petition.
