A view of the gaming floor of the Creek Casino Montgomery. Photo from Facebook
The Poarch Band of Creek Indians was optimistic of winning a gaming dispute after a hearing before the 11th Circuit Court of Appeals on Tuesday. The tribe operates Class II gaming facilities on its reservation in Alabama. Attorney General Luther Strange claims the operation is illegal but a tribal spokesperson believes the court will dismiss the suit just like a federal judge did. "At this time we feel positive about the way oral arguments went today, and will wait for the court's decision," spokesperson Sharon Delmar told the Associated Press. According the AP, Alabama Solicitor General Andrew Brasher told the 11th Circuit yesterday that the Indian Gaming Regulatory Act allows states to sue tribes for illegal gaming activities. However, that provision only applies to activities that occur on "Indian lands" as confirmed by the U.S. Supreme Court decision Michigan v. Bay Mills Indian Community. Additionally, the provision only applies to Class III games. The National Indian Gaming Commission has repeatedly confirmed that the Poarck Creeks are offering Class II games. The state has previously argued that the tribe's facilities are not on "Indian lands" so it would appear that Brasher was conceding a major point in the litigation. Judge Keith Watkins, in dismissing the suit, noted that the tribe's casino sites are in indeed held in trust. Get the Story:
Lawyers for Ala., Poarch Band of Creek Indians argue over gambling operations in appeals court (AP 1/13) Related Stories:
11th Circuit hears lawsuit over Poarch Creek casino operation (1/13)
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