After 30 years of legal sparring between the state of Texas and the Ysleta del Sur Pueblo (Tigua tribe) and the Alabama-Coushatta tribes of East Texas, it’s time for the U.S. Supreme Court to intervene. Now it’s up to the high court to rule whether the tribes can legally offering gaming on their reservations.
The court granted the Tigua tribe’s request to appeal a two-year-old ruling that it cannot legally offer bingo-style games at its Speaking Rock Entertainment Center near El Paso. An appeals court has made similar rulings over the past 30 years; this is the first time the high court has intervened.
Brant Martin, an attorney for the tribe, said in a statement, “The Ysleta del Sur Pueblo and its members are grateful for the opportunity to present these issues to the Supreme Court.”
Martin added, “This is an important case involving the sovereignty and self-determination of Native American tribes, and the interpretation of federal statutes protecting those rights. We look forward to vindicating our clients’ position In the Supreme Court, and will have no further comment at this time.”
Texas Governor Greg Abbott and Attorney General Ken Paxton, who have led the effort to oppose gaming on tribal land, declined to comment.
Earlier this year the Justice Department filed an amicus brief supporting the tribes.
Todd Curry of the University of Texas at El Paso, argues that the influence of recently seated Supreme Court Justice Neal Gorsuch could be vital in this instance. He told El Paso Matters, “As the federal government is supporting the Tiguas, and Gorsuch has yet to vote against indigenous interests since joining the court, I think the real question will be how big is the majority.”
The legal question is whether the 1987 federal Restoration Act, which forbade gaming on land that was restored to the tribes, is superseded by the 1988 Indian Gaming Regulatory Act (IGRA).
The state has argued that if Congress wants to specify that tribes may offer gaming, it needs to pass a law that says so. “Until then, the Restoration Act as consistently interpreted for a generation is the most accurate reflection of congressional policy with respect to the two tribes within its scope,” declared the attorney general’s argument.
Meanwhile, as the Justice Department points out, the two tribes are the only one in the country that aren’t allowed to offer Class II gaming, such as bingo and non-banked card games.
Local civic and merchant groups are lining up to support Naskila Gaming, operated by the Alabama-Coushatta Tribe. As the second-largest employer in Polk County, tied to some 700 jobs tied and more than $170 million in annual economic stimulus, the gaming hall’s long-term stability is considered essential to the economic future of East Texas.
The support is bipartisan, with GOP leaders in seven counties and Democratic Party organizations in four counties passing resolutions of support. Additionally, the governing boards of 21 counties, 12 cities and nine chambers of commerce are backing to the tribe.
Nita Battise, chairwoman of the Alabama-Coushatta Tribe, expressed gratitude for the support. “We are profoundly grateful to the organizations and elected bodies that have publicly stated their support for keeping Naskila Gaming open. They understand that Naskila Gaming is critically important to the future of our Tribe and the economic health of East Texas.”
