Indian Gaming

A federal judge said an arbitrator went too far in ordering the Ho-Chunk Nation to stop offering electronic poker games.

The arbitrator said the tribe violated state and federal law by offering the games. But Judge Barbara Crabb said the arbitrator is only allowed to interpret and enforce the Class III gaming compact.

"The bottom line is that the arbitrator explained his award as an interpretation of federal and state law, not as an interpretation or enforcement of the compact," Crabb wrote in the decision. "Accordingly, I conclude that the arbitrator exceeded his powers."

The tribe installed eight electronic poker games at Ho-Chunk Gaming Madison, a Class II facility. A February 2009 opinion from the National Indian Gaming Commission classified the machines as Class II but the state has argued that they fall into the Class III category.

Turtle Talk has posted documents from the case, Wisconsin v. Ho-Chunk Nation.

Get the Story:
Judge overturns arbitrator's decision against Ho-Chunk in electronic poker dispute (The Wisconsin State Journal 12/6)

Related Stories:
Wisconsin sues Ho-Chunk Nation over electronic poker games (07/18)