Compacts | Litigation

Pojoaque Pueblo secures injunction in New Mexico gaming dispute

Thursday, October 8, 2015

The Buffalo Thunder Resort at Pojoaque Pueblo in New Mexico. Photo from Facebook

A federal judge granted a preliminary injunction to Pojoaque Pueblo on Wednesday that prevents the state of New Mexico from taking action against vendors that do business with the tribe.

The tribe's Class III gaming compact expired at the end of June after negotiations with Gov. Susana Martinez (R) failed. While the Buffalo Thunder Resort and the Cities of Gold remain open to the public, the New Mexico Gaming Control Board has issued citations to vendors working with the tribe and has suspended activities on vendors that want to do business on the reservation.

As a result, both facilities have "sustained losses in revenue," Judge Robert C. Brack observed. Funding for tribal programs and salaries for hundreds of employees are at risk, he said.

"The Pueblo will suffer imminent harm, as the operations will immediately lose 17% of their current revenue from an inability to support existing games," Brack wrote in the 23-page decision.

The preliminary injunction can be taken to the 10th Circuit Court of Appeals. Just last week the court heard a dispute over the tribe's ability to secure Class III gaming procedures from the Bureau of Indian Affairs in the absence of a Class III gaming compact.

"The Pueblo is fighting protect the economic livelihood of its community but also the essential governmental services that it provides to the members of the entire Pojoaque valley," the tribe said in a statement. "The Pueblo of Pojoaque has been able to establish educational and cultural programs, employ hundreds of individuals, and provide various services to the Pojoaque Valley because of financial assistance from its gaming enterprises. The federal court decision allows the Pueblo to continue providing these programs and services to the community."

Despite the lack of a compact, the U.S. Attorney's Office has said it won't take action against the tribe until the 10th Circuit resolves the dispute.

Get the Story:
Ruling: State can’t take action vs. tribe’s casino vendors (The Santa Fe New Mexican 10/8)
Ruling: State Can't Take Action Vs Tribe's Casino Vendors (AP 10/8)