Tribe Fights Texas’s Efforts to Shut Casino

Texas is close to winning its legal battle to close the Alabama-Coushatta tribe’s Naskila Gaming casino (l.) in East Texas. The tribe is fighting back by trying to drum up support for HR 759 in the U.S. House that would change federal law that allows Texas to prohibit Indian gaming.

Tribe Fights Texas’s Efforts to Shut Casino

The Alabama-Coushatta tribe is fighting the Lone Star State’s efforts to shut down its Naskila Gaming casino in Polk County, East Texas, which opened three years ago.

The casino hosts more than 1 million customers a year and brings in about $140 million to the reservation, providing 600 jobs. The tribe claims the money allows it to provide social services, medical car and schools.

Nevertheless the Texas Attorney General is fighting the casino in federal court. Most recently the U.S. Court of Appeals for the 5th Circuit ruled for Texas. The tribe is appealing and the casino remains open while that is pending.

The other tribe fighting the state of Texas is the Ysleta del Sur tribe which is appealing a decision by a federal judge last week, ordering the Speaking Rock Entertainment Center to close.

Judge Philip Martinez issued a permanent injunction that prevents the tribe from operating “cardmining” machines or offering bingo more than three times a week. The judge agreed with the state that the tribe has been violating the state’s gambling laws for more than ten years.

Martinez has given the tribe 90 days to appeal, noting that the casino is the tribe’s main source of revenue and jobs.

Meanwhile the Alabama-Coushatta tribe is trying to whip up community support and urging passage of HR 759 in the U.S. House that would change federal law that allows Texas to prohibit Indian gaming.

According to the bill’s sponsor Rep. Brian Babin, “This is a fairness issue – plain and simple. Out of the three Native American tribes located in Texas, the Ysleta del Sur Pueblo and Alabama-Coushatta are not allowed the same rights as the Kickapoo when it comes to Class II gaming, which only allows electronic bingo. The Kickapoo have had this right for more than 22 years. Naskila Gaming is alcohol free and developing the economy in Polk County and several other surrounding counties while supplying over 500 jobs to the local communities and infusing $140 million into our local economy each year.”

He notes that several federal judges have urged a change in federal law to solve this issue, and that’s why he introduced the bill: the Ysleta del Sur Pueblo and Alabama-Coushatta Tribes of Texas Equal and Fair Opportunity Settlement Act (H.R. 759).

More than many states, Texas opposes almost every form of gaming, and lawmakers have generally resisted all efforts to change that. It does allow lottery sales and betting on horse and greyhound races and isn’t strict about “social gambling,” such as people gathering in private for a poker game or poker clubs. It also allows charity bingo and auctions.

But when it comes to casinos, Texas is very strict.

However, two tribes operate casinos: The Kickapoo Lucky Eagle Casino near Eagle Pass; and Naskila Gaming.

Some lawmakers want the voters to decide whether the state should expand gaming. Rep. Carol Alvarado filed such a bill several years ago. She told the Texas Tribune,

“I know some of my colleagues get heartburn about allowing Texans to decide. But Texans like to gamble, and if we do it smart, we could create economic development in the state.” One poll taken several years ago showed 56 percent of voters support such a bill.

Alvarado promises to keep proposing this bill until it passes.