Tribal history in a promenade at the Comanche Red River Hotel and Casino in Devol, Oklahoma. Photo: Comanche Red River Casino

Federal Register | Land Acquisitions | Litigation | Openings & Closings

Comanche Nation 'disappointed' with end to dispute over rival tribal casino

Thursday, May 30, 2019

The Comanche Nation has hit the end of the road with its challenge to a rival tribal casino in Oklahoma.

The tribe sued the federal government for allowing the Chickasaw Nation to open yet another gaming facility, this one only 45 miles from a Comanche property. But the U.S. Supreme Court put an end to the dispute on Tuesday.

“Obviously the Nation is disappointed,” Rick Grellner, an attorney for the Comanches, told POLITICO.

At issue was a last-minute decision of the Obama administration to acquire a 51.35-are site in trust for the Chickasaw Nation. The decision -- made only one day before President Donald Trump took office in January 2017 -- enabled the tribe to open the RiverStar Casino, which POLITICO notes is the 22nd in its vast empire.

Indianz.Com on Google Maps: Chickasaw Nation Gaming Facilities

The Comanches said they should have been consulted before the Bureau of Indian Affairs made the decision. But the 10th Circuit Court of Appeals determined otherwise in a December 2018 ruling that stands as a result of the Supreme Court's action this week.

The Comanches operate the Red River Hotel and Casino about 45 miles from Terral, which is right on the border with Texas, an important gaming market. The tribe says revenues will suffer now that the Chickasaw facility is open.

Generally, the Indian Gaming Regulatory Act bars casinos on land placed in trust after 1988. But an exception in Section 20 of the law allows gaming on properties located within the boundaries a former reservation in Oklahoma.

The Chickasaws have utilized the exception repeatedly to expand their gaming empire. Back in 2003, Indianz.Com counted 11 facilities on lands acquired after 1988.

RiverStar, which opened in March 2018, is the latest in the stable. The BIA approved the land-into-trust application for the site on January 19, 2017, the last full day of the Obama administration.

The Trump administration held up the official notice of the acquisition until July 2017. But that didn't stop the Chickasaws from breaking ground -- the tribe did so in May of that year.