State sues Tribe over poker games
MAUREEN DOLAN/Staff writer | Hagadone News Network | UPDATED 10 years, 8 months AGO
COEUR d'ALENE - A rift between Idaho and the Coeur d'Alene Tribe widened Friday as the Tribe began offering poker at its Worley casino, and the state filed a federal lawsuit to stop it.
The suit, filed in U.S. District Court by Gov. Butch Otter and Attorney General Lawrence Wasden, contends that by offering poker, the Tribe is violating the Idaho Constitution and its gaming compact with the state.
"We believe we are well within our rights to offer poker," said Tribe Chairman Chief Allan, in a prepared statement issued Friday in response to the state's legal action.
The Tribe's position is that under the Indian Gaming Regulatory Act, non-banked card games permitted by the state are allowed to be played on reservations. And games of skill that are played in a tournament format, like the poker games being offered at the casino, are legal under Idaho law.
In addition, the Tribe claims that for more than 40 years, the state has turned a blind eye to poker games played in homes, at retirement facilities, charitable events and in bars.
"Idaho's own crime statistics show that enforcement against the real money poker games offered throughout the state is virtually non-existent," Allan said. "If others are able to offer poker, why shouldn't we?"
The Press reported in March that the Tribe and the state were at odds over the legality of the casino poker plan.
At that time, Helo Hancock, the Tribe's legislative director, told The Press that the Tribe considers poker, as it will be played at the casino, to be Class II gambling under federal regulations and not subject to state oversight or the state gaming compact.
"We have not received anything from the U.S. Attorney's Office or the NIGC (National Indian Gaming Commission) to tell us we're incorrect in our opinion," Hancock said in March.
State officials notified the Tribe of their differing opinion a year ago, after the Tribe first notified the lottery commission that the casino would be adding poker. Lottery Commission Director Jeffrey Anderson's response to the Tribe in May 2013 was that he had discussed the issue with the governor's office and determined that poker at the casino would violate the Indian Gaming Regulatory Act.
In announcing the state's suit against The Tribe, Otter and Wasden said the federal gaming act classifies poker as a Class III game that is prohibited by the Idaho Constitution.
"Article III Section 20 of the Idaho Constitution is clear, and it's my duty to enforce and defend the Constitution and the laws of Idaho," Otter said. "Despite discussions with tribal leaders and our best efforts at avoiding this situation, we have no choice but to act. I will continue working with the Attorney General to uphold our laws and resolve this issue."
Attorney General Wasden said he will lead the legal challenge.
"I back Governor Otter and share his belief that the state-tribal compact negotiated more than 20 years ago clearly prohibits any kind of poker," Wasden said. "My job now is to vigorously litigate this case and ensure the Tribe complies with the provisions of the compact."
The Tribe claims that its gaming board conducted an extensive review of the law before deciding to move ahead with its poker plan.
"If the state has a problem with our legal analyses, they can invoke dispute resolution under our gaming compact - that's why we have it - so we can negotiate our differences in a professional setting," Allan said. "It's ironic that their actions are not in compliance with the compact they are purporting to uphold."
Staff writer Taryn Thompson contributed to this report.
ARTICLES BY MAUREEN DOLAN/STAFF WRITER
Organizers shutting down Stop Tuition Hikes initiative
Citing a lack of finances and Statehouse support, the Stop Tuition Hikes movement is coming to a halt.
Cyclists pay their share
Survey: Bicyclists more than cover transportation costs
Advocates for non-motorized travel in Idaho say a recently completed survey helps debunk the idea that bicyclists contribute less than motorists to transportation funding.
Billboards fixed after Dems threaten to sue
A billboard along U.S. 95 in Coeur d’Alene claims “Idaho Votes,” with no reference to the Republican Presidential Primary on March 8.