Casino Stalker | Litigation

6th Circuit lifts injunction over Bay Mills off-reservation casino

Wednesday, August 15, 2012

The Bay Mills Indian Community of Michigan can reopen its off-reservation casino thanks to a ruling today from the 6th Circuit Court of Appeals.

A federal judge ordered the tribe to close the facility in Vanderbilt, saying it was operating in violation of the Indian Gaming Regulatory Act. But on appeal, the 6th Circuit lifted the injunction due to lack of federal court jurisdiction.

"In their complaints, the plaintiffs expressly allege that the Vanderbilt casino is not located on Indian lands, which means the plaintiffs cannot meet" the conditions of IGRA, the court stated.

Additionally, the 6th Circuit said the tribe had not waived its sovereign immunity by federal law, its own laws or through the Class III gaming compact. The court, however, said it was possible for the federal government to sue the tribe.

The tribe opened the casino last November. It's located on land acquired in connection with the Michigan Indian Land Claims Settlement Act.

Generally, IGRA bars gaming on land acquired after 1988. But Section 20 contains an exception affecting land claim settlements.

Turtle Talk has posted documents from the case, Michigan v. Bay Mills Indian Community.

6th Circuit Decision:
Michigan v. Bay Mills Indian Community (August 15, 2012)