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Quapaw Tribe sues Kansas to force gaming compact negotiations

“The Quapaw Tribe has had no choice but to file a legal challenge to Governor Brownback’s actions. The governor’s actions violate the mandates of federal law that states must (1) negotiate class III gaming compacts with Indian tribes, and (2) must negotiate in good faith. Governor Brownback has done neither.

“Governor Brownback actively encouraged the Quapaw Tribe to request a class III gaming compact, and then, solely to protect a state-owned casino that was proposed for Cherokee County from competition, stopped communicating with us. Federal law plainly requires a state to negotiate in good faith, and it does not permit a governor to refuse to negotiate simply to protect a state casino from competition.

“The Governor acted in bad faith in a number of ways, including by refusing to negotiate and by refusing to communicate after he changed his mind about the compact negotiations. Later, the State of Kansas filed a meritless suit against the Tribe and 18 tribal leaders and directors with no apparent purpose other than to serve as harassment and retaliation, and to discourage the Quapaw Tribe from pursuing its governmental rights under federal law.

“We would prefer not to be in the position of having to file this litigation. But we have to stand up for the rights of Indian tribes and for the rights of tribes under federal law.”