Pojoaque Pueblo to attend 10th Circuit hearing in casino dispute

Thursday, September 24, 2015

Leaders of Pojoaque Pueblo in New Mexico: Governor Talachy, Lieutenant Governor Jenelle Roybal, Secretary Stephanie Crosby, Treasurer Mary Ann K. Fierro. Photo from Pojoaque Pueblo

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The 10th Circuit Court of Appeals will hear arguments on Monday in a gaming dispute involving Pojoaque Pueblo in New Mexico.

The tribe and the state have been unable to reach a new Class III gaming compact. The tribe refused revenue sharing demands made by Gov. Susana Martinez (R).

In hopes of moving forward, the tribe asked the Bureau of Indian Affairs to issue Class III gaming procedures for its operation. But a federal judge put a halt to the process in response to a lawsuit filed by Martinez.

The Obama administration is appealing. Arguments take place in Denver, Colorado, on Monday morning, according to the 10th Circuit's calendar.

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

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"This appeal ultimately sets precedent for other tribes as we move into the future on whether or not a state can or can't leverage a tribe into unfair compacts," Pojoaque Gov. Joseph Talachy, who will attend the hearing along with other leaders from the reservation, told the Associated Press.

As the case was proceeding, the tribe's existing compact expired at the end of June. The U.S. Attorney's Office has said it won't take action against the tribe until the 10th Circuit resolves the matter.

The tribe has since filed its own lawsuit against Martinez, accusing her of failing to negotiate in good faith as required by the Indian Gaming Regulatory Act. The complaint also accuses the New Mexico Gaming Control Board of interfering with companies that do business with the tribe.

At the tribe's request, the state Attorney General’s Office is is investigating whether the board violated the Open Meetings Act. The tribe contends its gaming matters were discussed at an executive session in July.

Get the Story:
Arguments in New Mexico gambling case to draw dozens of tribal members to federal court (AP 9/24)
Pueblo files open-meeting complaint (The Albuquerque Journal 9/24)
Pojoaque Pueblo alleges gaming board held secret meeting (AP / The Santa Fe New Mexican 9/20)
Pueblo alleges gaming board violated Open Meetings Act (The Santa Fe New Mexican 9/19) Related Stories:
Editorial: Pojoaque Pueblo acts in bad faith in gaming fight (07/24)
Pojoaque Pueblo files new suit in New Mexico gaming feud (7/21)
Santa Clara Pueblo wants Pojoaque Pueblo to shutter casinos (7/16)
Pojoaque Pueblo resists higher revenue sharing rate at casinos (7/15)
Four more tribes in New Mexico enter Class III gaming compact (07/02)
Editorial: Pojoaque Pueblo gets pass on illegal gaming operation (07/02)
Pojoaque Pueblo keeps casino open after gaming deal expires (7/1)
Pojoaque Pueblo at critical juncture with Class III gaming deal (6/30)