Construction of a restaurant, known as the Embers Grille, can be seen from a highway in Broken Arrow, Oklahoma. Image: Google Maps

NIGC | Openings & Closings

Kialegee Tribal Town faces opposition to potential casino on allotment

Wednesday, August 2, 2017

The Kialegee Tribal Town isn't saying much about plans for a potential casino on an allotment in Oklahoma.

Other than confirming to KTUL-TV its interest in a Class II facility, the tribe hasn't offered further details. KJRH-TV reached out again but the tribe declined comment, the station said.

But the lack of information isn't stopping officials Broken Arrow from taking action. Although the city lacks jurisdiction over the allotment, the council passed a resolution on Tuesday evening, opposing "illegal gaming" there.

The Muscogee Nation also opposes gaming at the allotment. The tribe is asserting jurisdiction over the site, which is owned by one of its citizens.

"The Nation will not allow an unlicensed gaming facility to operate within its jurisdiction," the tribe said in a statement to KJRH.

An aerial view of Broken Arrow, Oklahoma, shows the location of Indian allotments. The Kialegee Tribal Town started building a casino on the allotment seen on the right. The tribe is interested in a gaming facility seen on the left. The Creek Turnpike runs between the allotments. Image: Google Earth

Steve Bruner is the owner of the allotment. He is allowing his land to be used for a restaurant called the Embers Grille that is supposed to open this month. Class II devices would be an addition to the business.

The National Indian Gaming Commission previously determined that the Kialegee Tribal Town cannot exercise jurisdiction over allotments within Muscogee Nation territory. It's not clear why the agency would come to a different conclusion regarding Bruner's land.

The Kialegee Tribal Town tried to open a Class II facility on a different allotment near Bruner's land. The NIGC said the tribe lacked jurisdiction, as required by the Indian Gaming Regulatory Act, and a court case prevented construction from moving forward.

National Indian Gaming Commission Indian Land Opinions:
July 8, 2013 | June 8, 2012 | May 24, 2012

10th Circuit Court of Appeals Decision:
Oklahoma v. Hobia (December 22, 2014)