The Ho-Chunk Nation may continue to offer video poker at its casino in Madison, Wisconsin following the U.S. Supreme Court’s refusal—without comment–to take up the case. According to the Wisconsin State Journal, the case was just one of about 1,600 the high court declined to hear.
Earlier, the Wisconsin Department of Justice claimed the casino’s video poker games are Class III card games, prohibited under the terms of the tribe’s gaming compact. But in April, the 7th Circuit U.S. Court of Appeals ruled the video poker games were legal. The appeals court said the state first has to criminalize a gambling activity before it can stop the tribe from offering it.
