Pojoaque Pueblo keeps casino open after gaming deal expires

Wednesday, July 1, 2015

A view of the Buffalo Thunder Resort at Pojoaque Pueblo in New Mexico. Photo from Facebook

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Federal prosecutors won't take any action against Pojoaque Pueblo in New Mexico even though the tribe's Class III gaming compact expired at midnight.

U.S. Attorney Damon P. Martinez issued a statement on Tuesday explaining that the Buffalo Thunder Resort and the Cities of Gold can continue offering Class III games while a lawsuit plays out in the 10th Circuit Court of Appeals.

“I believe that the public interest is best served by maintaining the status quo while the appeal in the Tenth Circuit litigation is pending," Martinez said. "I therefore have advised the Pueblo and the state that I will exercise my discretion not to bring an enforcement action against the Pueblo during the pendency of the appeal so long as the Pueblo continues to operate its gaming facilities in accord with the terms of its expiring compact to the extent feasible."

The tribe was unable to reach a new deal with Gov. Susana Martinez. That led to a lawsuit in federal court that accused of her of failing to negotiate in good faith.

The state, however, invoked sovereign immunity and the case was dismissed .That prompted the tribe to ask the Bureau of Indian Affairs to issue Class III gaming procedures to ensure the continued legality of its operation.

But before the BIA could make a decision, the state filed its own lawsuit in federal court. Judge James Parker last October ruled that Indian Gaming Regulatory Act allows the federal government to step in only when a court has held a state to be in bad faith and only after the state has gone through a mediation process.

Neither of those conditions have been met in New Mexico, Parker determined.

The tribe and the BIA have taken the case to the 10th Circuit Court of Appeals. Briefs have been filed by all parties but a date for oral argument hasn't been set so it could take months before the matter is resolved.

“I have advised the Pueblo that it is up to me to determine whether or not the Pueblo has complied with its commitments, and that I reserve the right to seek closure of the Pueblo’s casino gambling operations in the event of any noncompliance," U.S. Attorney Martinez said "Moreover, my decision not to bring an immediate enforcement action upon expiration of Pojoaque Pueblo’s current compact only extends to the limited period of time until the Tenth Circuit Court of Appeals rules on the pending litigation.”

Turtle Talk has posted documents from the case, New Mexico v. DOI.

Get the Story:
Pojoaque compact expires; gambling goes on (The Albuquerque Journal 7/1)
Pojoaque Pueblo’s gambling compact with state to expire (AP 7/1)
U.S. attorney: Pojoaque can continue casino operations (The Santa Fe New Mexican 7/1)
Pojoaque Casinos Stay Open But War of Words Continue (The Santa Fe New Mexican 7/1) Related Stories:
Pojoaque Pueblo at critical juncture with Class III gaming deal (6/30)
Pojoaque Pueblo places casino manager on administrative leave (04/24)
Pojoaque Pueblo seeds scholarship fund with gaming revenues (01/12)
Opinion: Tribal and state governments should get out of casinos (12/22)
Appeal set in Pojoaque Pueblo Class III gaming compact dispute (12/16)
Law Article: Judge restricts BIA authority in Class III dispute (10/23)
Judge won't let BIA proceed with compact for Pojoaque Pueblo (10/20)
Judge won't issue injunction in Pojoaque Pueblo compact dispute (09/12)
New Mexico sues to stop Class III decision for Pojoaque Pueblo (08/08)