The State of Texas has won in a battle to force the Alabama-Coushatta Tribe to close its electronic bingo hall 80 miles from Houston that violates state law.
In ruling against the tribe federal judge Keith Giblin said the tribe was “bearing the brunt of a conflicting statutory scheme” and implied that it was “unjust.” Nevertheless, he ruled that the tribe must shut the Naskila Gaming facility.
The tribe argues that the Indian Gaming Regulatory Act of 1988 allows it to offer Class II gaming without a compact with the state. However, the tribe was recognized in 1987, the year before IGRA was adopted by Congress. That means that, according to the law, the tribe is governed by the Restoration Act, which forbids the tribe from engaging in gaming not allowed under Texas law.
The tribe claimed that it agreed to abide by Texas law “under duress” and that it wouldn’t have gotten its lands restored to it unless it agreed not to offer gaming.
The tribe has said it will appeal the ruling and will file a motion to stay open pending the appeal. More than 300 jobs are at stake at the bingo parlor, which has been in operation since May 2016. It generates an annual payroll and benefits of nearly $17 million.
The lawsuit against it was brought by the Texas Attorney General, who is also seeking fines of more than $5 million.
The judge wrote, “The Tribe submitted itself to the gaming laws of the State when it certified Tribal Resolutions in exchange for the passage of the Restoration Act,” adding “Until Congress can be persuaded to amend or repeal the Restoration Act, the Court is obligated to abide by the plain language of the statute and the Tribe must conform to the gaming laws and regulations of Texas.”
Texas bans are forms of gambling except for horse and greyhound racing.
