About 40 people recently attended a meeting of the Broken Arrow, Oklahoma city council, where councilors discussed a draft resolution opposing gambling at the proposed Red Creek site and authorizing city officials to take action to stop gaming on the land which is a Muscogee (Creek) Nation land allotment.
Rumors have been swirling that a Class II casino may open at the site which also would include the Embers Grille bar and restaurant, expected to open without gambling in August. Kialegee Tribal Town, an autonomous group of the Creek Nation, has tried to provide gaming oversight for a possible casino. However, the Creek Nation and Broken Arrow officials said Kialegee Tribal Town does not have jurisdiction over the land.
City Attorney Beth Anne Childs explained the draft resolution would add a blanket objection to gaming inside Broken Arrow city limits, request the state attorney general investigate the situation, ask the tribe to address any illegal gaming and have a city official write to the National Indian Gaming Commission about Kialegee Tribal Town’s gaming oversight at the location. It also would authorize the city manager to “take all actions reasonably necessary to stop illegal gaming on this tract of land.”
Broken Arrow City Manager Michael Spurgeon said, “We want to make sure that there is no illegal gaming that occurs in that facility. We need to make sure we protect our interests if in fact there is something going on there that is not legal. If there is any sort of illegal gaming that happens the city we will seek some sort of action through the courts to stop it.” The council will consider a final draft resolution August 1.
Red Creek officials have posted online job listings for the Red Creek Casino seeking employees with casino experience. However, Red Creek LLC Principal Luis Figueredo said the job postings showed officials simply were doing their “due diligence” in case the facility does become a casino.
The current situation is similar to the Red Clay Casino project that was halted by a legal injunction in 2012 and never went forward. Some Kialegee Tribal Town and Red Creek officials also were involved in that episode.
Kialegee Tribal Town Attorney Penny Coleman confirmed the group sent a 120-day letter of intent to issue a gaming license to the National Indian Gaming Commission for the Broken Arrow site, and received a “preliminary response” indicating the NIGC still had concerns about the viability of gaming there. Coleman said NIGC judgments negating the Kialegee claim to provide oversight at the abandoned Red Clay site in Broken Arrow “are not binding and involve circumstances, which are distinguishable from the present one. There’s a lot of things being said, and we wanted to make clear that we’re not planning on doing anything illegal. We’re looking at going through all the proper processes.”
After the city council meeting, Coleman said she hopes city officials will work with Red Creek representatives. She said she doesn’t believe they have any jurisdiction to take action against them. “We want to be a good neighbor. We want to work with them,” Coleman said.
Prior to the meeting, Muscogee Creek Nation Principal Chief James Floyd issued this statement:
“The Nation is aware of the discussion at tonight’s Broken Arrow City Council Meeting regarding the Embers Grille (formerly known as Red Creek Dancehall and Restaurant) and potential gaming at that facility. While the Nation was not able to meet with Broken Arrow City officials before tonight’s meeting, the Nation plans to do so in the near future. The Nation remains opposed to any illegal gaming activity within its jurisdiction and remains committed to taking all actions necessary to ensure that illegal gaming does not occur and that all applicable laws and regulations are followed in order to ensure that any development at the site is not only legal, but safe and beneficial to the citizens of the Muscogee (Creek) Nation and the local community.”
