5th Circuit upholds contempt charges in Tigua Tribe gaming case

Friday, July 1, 2011  

The 5th Circuit Court of Appeals on Thursday upheld a contempt order against the Tigua Tribe and said the state of Texas can continue to look at the tribe's gaming records.

The tribe operated a casino with Class III games but was forced to close it due to litigation with the state. The 5th Circuit at the time ruled that the tribe agreed to abide by state gaming laws when it was restored to federal recognition.

Subsequently, the tribe offered "eight-liner" gaming devices, which are legal under state law. But the state said the tribe was awarding prizes worth cash value in violation of state law.

A federal judge agreed and said the tribe was in contempt of court for violating state law. The judge also allowed the state to look at the tribe's gaming records every month.

On appeal, the 5th Circuit upheld the contempt order. The court rejected the tribe's claim that the proceedings were civil in nature, rather than criminal.

The 5th Circuit also said the state can continue to look at the tribe's records to determine whether any laws are being broken. The tribe argued that this gave the state "regulatory or enforcement" power over the reservation but the court disagreed.

"According to the specific wording of the order, the state agents are only empowered to inspect those records," the decision stated. "Then, if they should find any irregularities, the state would have to return to the district court for further action."

5th Circuit Decision:
Texas v. Tigua Tribe (June 30, 2011)