"Question: Does the Americans with Disability Act apply to an Indian casino? Are there any other federal laws or regulations that do or do not apply to Indian casinos?

Answer: The applicability of the Americans with Disabilities Act to Indian tribes that own and operate casinos will likely vary by ADA title. While Indian tribes are excluded from liability under Title I and most likely Title II of the ADA, an Indian tribe's obligations under Title III are uncertain.

Similarly, Indian tribes are generally not subject to the provisions of federal laws, such as Title VII of the Civil Rights Act of 1964 and the WARN Act, however, the applicability of other federal statutes remains unclear due to disagreement among the circuits.

It is important to discuss the concept of sovereign immunity when addressing the applicability of federal statutes to Indian tribes or entities because whether an Indian tribe is subject to a statute and whether the tribe may be sued for violating the statute are two entirely different questions. Fla. Paraplegic Ass'n v. Miccosukee Tribe of Indians of Fla., 166 F.3d 1126, 1130 (11th Cir. 1999).

Generally speaking, the doctrine of sovereign immunity precludes the institution of a lawsuit against a government without its consent. Therefore, even if a statute is held to apply to a sovereign government, state and federal courts do not have jurisdiction to hear private lawsuits brought against it without the sovereign's express or implied waiver of immunity.

Indian tribes are recognized under federal law as having sovereign authority to govern themselves and, therefore, can invoke the doctrine of sovereign immunity to avoid civil liability.

It is important to note that several courts treat Indian tribes and their business entities as one for purposes of sovereign immunity when the business is wholly owned and operated by the tribe such that the entity acts as the arm of the tribal government."

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