In Oklahoma, the Wichita and Affiliated Tribes recently filed a document in federal court claiming Governor Kevin Stitt inadvertently triggered the automatic renewal of the state’s tribal gaming compacts at the end of last year—just as Stitt claimed the 15-year agreements were going to expire.
The Wichita and Affiliated Tribes, which include the Wichita, Keechi, Waco and Tawakoni Indians, say that by signing extension agreements with the United Keetoowah Band of Cherokee Indians and the Kialegee Tribal Town, Stitt sabotaged his own legal position and launched the renewal provision for all gaming tribes. Those agreements “purported” to extend the “expiration date” of the two tribes’ compacts from January 1 to August 31, according to the Wichita Tribe. The tribes argue the compacts automatically renew if “organization licensees or others are authorized to conduct electronic gaming in any form” at the time the compacts come up for renewal.
A spokeswoman for Stitt said the governor remains confident the renewal provision was not triggered.
Meanwhile, the number of tribes suing the governor has grown to 11. The Cherokee, Chickasaw and Choctaw nations sued Stitt in federal court on December 31, and requested that Chief United States District Judge Timothy DeGiusti declare the compacts renewed automatically.
DeGiusti ordered the tribes and Stitt to enter mediation and complete it before March 31. He also appointed former U.S. District Judge Layn R. Phillips as mediator in the dispute.
Besides the original three tribes, those joining the lawsuit now include the Comanche, Delaware, Otoe-Missouria, Ponca, Seminole, Citizen Potawatomi, Muscogee (Creek), and Quapaw nations.
Quapaw Chairman John Berrey said, “This litigation allows both the tribes and the state to seek a resolution to some of the key compact negotiations issues in a neutral, judicial forum. Our leadership team has been very supportive of the parties’ working toward a resolution in a constructive and businesslike manner, and we think this litigation could be helpful to all of the participants.”
Berrey noted that gaming compact negotiations are complicated, involving 31 tribal governments that operate gaming and the state of Oklahoma, including the governor and lawmakers, as well as the U.S. Secretary of the Interior.
“This is not a simple process, because of the large number of governments involved. I think we all believe we can get to a mutually acceptable resolution. But it will take some work and a lot of listening. So far, since the compacts were first approved in 2005 the tribes and the state have had a mutually productive relationship, and I hope that continues,” Berrey said.
The Delaware Nation, in a request to intervene in the case, described itself as a small tribe of about 1,500 citizens that is highly dependent on revenue from its two gaming facilities. “These two gaming facilities have been the sole source of income for the Delaware Nation since the Delaware Gaming Compact become effective, and gaming profits are the largest source of funding to the Delaware Nation’s governmental programs and services,” the tribe stated.
