Group weighs options in Nooksack casino fight

Thursday, July 30, 2009  

A group called the North County Community Alliance is debating whether to take further action after losing a lawsuit that challenges the federal government's approval of a gaming ordinance for the Nooksack Tribe of Washington.

The group could ask the 9th Circuit Court of Appeals to rehear the lawsuit or it could take the case to the U.S. Supreme Court. Either way, the effort could cost between $40,000 to $60,000, money that doesn't seem to be in the cards right now.

“Do we have the support of those who have contributed in the past? Is it wise to continue?” Tom Williams told The Lynden Tribune, citing potential fundraising problems.

The group already spent about $60,000 on the case, which was dismissed by a federal judge in November 2007. The 9th Circuit on July 16 upheld the dismissal and said the National Indian Gaming Commission followed the Indian Gaming Regulatory Act by approving the tribe's ordinance even though it didn't say where gaming would occur.

"There is no explicit requirement in IGRA that, as a precondition to the NIGC’s approval, a proposed ordinance identify the specific sites on which the proposed gaming is to take place," the court said in a 2-1 decision.

The tribe opened the Nooksack Northwood Casino in November 2007.

Get the Story:
Appeals court rules for casino (The Lynden Tribune 7/29)

9th Circuit Decision:
North County Community Alliance v. Salazar (July 16, 2009)

District Court Decision:
North County Community Alliance v. Kempthorne (November 16, 2007)