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MONDAY, JANUARY 6, 2003

The nation's top Indian gaming regulator has the power to close tribal casinos that don't follow the law, a federal appeals court ruled last week.

Setting aside a federal judge's opinion on the subject, the 10th Circuit Court of Appeals said Montie Deer, former chairman of the National Indian Gaming Commission, was within his power to force the Seminole Nation of Oklahoma to close its casinos. The decision was unanimous.

"[T]he NIGC Chairman's authority to issue temporary closure orders clearly includes the power to close entire gaming facilities," Circuit Judge Michael Murphy wrote on December 31.

Deer, a Clinton appointee who left the NIGC last fall after his three-year term ended, acted because the Seminole tribe was offering casino games that aren't permissible in Oklahoma. The machines were of the Class III variety, which are outlawed under state law.

The tribe had argued that the commission could only a shutdown of certain casino machines. A federal judge agreed but the appeals court said otherwise.

Get the Decision:
UNITED STATES v. SEMINOLE NATION, No. 01-7108 (10th Cir. December 31, 2002)

Relevant Links:
National Indian Gaming Commission - http://www.nigc.gov

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