September Trial Set For Texas Tribe

The state of Texas and the Alabama-Coushatta Indians will meet in federal court in a September trial to determine if the tribe's Naskila entertainment center (l.) can remain open and offer electronic bingo games. The state considers the games illegal and believes the tribe should be held in contempt of court and fined.

In a May 11 hearing before U.S. Magistrate Judge Keith Giblin in federal court in Beaumont, Texas, a September trial date was set to determine if the Alabama-Coushatta Indians should be held in contempt of court for operating the Naskila electronic bingo parlor on their East Texas reservation. The state claims the tribe is in violation of an injunction the federal court entered in 2002 against casino gambling, and it wants the tribe to pay a fine of ,000 for every day it offers electronic bingo.

Tribal attorneys presented a letter from the National Indian Gaming Commission approving the tribe for Class II gaming, which includes traditional and electronic bingo. Case law indicates the federal court should defer to the NIGC even if the 2002 case about Class III gaming applies.

Texas won the 2002 case which shut down the Alabama-Coushattas along with the Ysleta del Sur Pueblo’s Speaking Rock Casino, the most lucrative Indian casino in Texas. Texas had fought the casinos in court for several years prior—despite allowing a state lottery, dog and horse racetracks and authorizing charitable gambling. Federal recognition of the Alabama-Coushattas was terminated in 1954 and of Ysleta del Sur in 1968 although the two tribes had existed longer than Texas. They were federally recognized in 1987 but that law banned gaming.

The Lucky Eagle, operated by the Kickapoo Traditional Tribe of Texas, remains open. The Kickapoos were first recognized by Texas in 1977 and by the federal government in 1983.

Alabama-Coushatta tribal spokesman Carlos Bullock said after the May 11 hearing he felt “cautiously optimistic.” Tribal Chairperson Jo Ann Battise stated, “The tribal council remains confident that the tribe is legally operating Naskila Gaming under the authority of the National Indian Gaming Commission. We see the benefits daily and will continue to work to protect the 210 jobs that Naskila provides for our community.” Naskila also generates $7.9 million in annual revenue.

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