The 10th Circuit Court of
Appeals heard 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. A federal judge put a halt to the process
in response to a lawsuit filed by Martinez and the tribe is asking the 10th Circuit to overturn the injunction.
“Congress did not intend for states to be able to negotiate with impunity,” attorney Scott Crowell told the court at the hearing in Denver, Colorado, the Associated Press reported.
The tribe's last compact expired at the 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.
Get the Story:
Federal appeals court hears arguments over Pojoaque gambling pact
(AP 9/29)