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Tribes in Texas take a big step forward for their inherent sovereignty

Wednesday, July 24, 2019

From left: Chairperson Cecilia Flores of the Alabama-Coushatta Tribe, Sen. John Cornyn (R-Texas) and Rep. Bruce Babin (R-Texas). Photo: SupportACTribe

A bill recognizing the inherent rights of two tribes in Texas is slated for passage in the U.S. House of Representatives on Wednesday.

Unlike most Indian nations, the Alabama-Coushatta Tribe and the Ysleta del Sur Pueblo, also known as the Tigua Tribe, have been denied the right to engage in gaming on their own reservations. H.R.759, the Ysleta del Sur Pueblo and Alabama-Coushatta Tribes of Texas Equal and Fair Opportunity Settlement Act, rectifies the disparity once and for all.

"Of the three federally recognized tribes in the state of Texas, only one is allowed to have Class II gaming on its reservation, creating a situation of fundamental unfairness and inequality," Rep. Raúl Grijalva (D-Arizona), the chairman of the House Committee on Natural Resources, said when the bill was advanced at a markup session last month.

H.R. 759 goes to the floor of the House TODAY and we really need your support. Please follow the link to let your Congressional Representative know you support Naskila Gaming. Help us tell Congress that HR-759 is a win-win for Deep East Texas. https://t.co/B6fBQA7b37

— Naskila Gaming (@NaskilaGaming) July 24, 2019

Grijalva was referring to the Kickapoo Tribe, whose government operates a casino on its homelands, free of interference from Texas. The same can't be said for the two other tribes, whose gaming operations have been repeatedly targeted by the state.

"The legislation remedies this issue and ends the second-class status by putting all three tribes on equal footing," said Grijalva.

Grijalva isn't the only supporter of H.R.759. The bill was introduced by Rep. Brian Babin (R-Texas), and the bill is co-sponsored by a dozen other members of the Republican party.

"No tribe should be treated undifferently in this aspect," said Rep. Paul Gosar (R-Arizona), one of the GOP backers.

Some of the most rock-solid conservatives and staunchest liberals in Congress agree H.R. 759 needs to pass which will put all three federally recognized Indian Tribes in #Texas on equal footing. @ACtribeofTexas @NaskilaGaming #AlabamaCoushatta https://t.co/Cr3oLm64M1

— Chad Wilbanks (@ChadWilbanks) July 20, 2019

Passage of the bill comes at a critical time for both Indian nations. On March 14, the 5th Circuit Court of Appeals said the Alabama-Coushatta Tribe cannot operate a gaming facility on its reservation due to restrictive language in its federal recognition law. A month prior, a federal judge ruled against the Tigua Tribe on similar grounds.

Both tribes were restored to recognition in 1987, when Congress corrected a termination-era law that had placed both under the supervision of the state. . A year later, the Indian Gaming Regulatory Act became law but its benefits haven't reached all tribal nations.

"That's the law and I think it should be applied fairly," Gosar said at the June 19 markup.

The Alabama-Coushatta Tribe owns and operates Naskila Gaming in Livingston, Texas. Photo: Naskila Gaming

The Speaking Rock Entertainment Center on the Ysleta Del Sur Pueblo in El Paso, Texas. Photo: Speaking Rock

Besides enjoying bipartisan support, H.R.759 counts 13 lawmakers from Texas as co-sponsors. The bill due to pass the Democratic-controlled House later on Wednesday under a suspension of the rules, according to the Majority Leader's calendar, a sign of its non-controversial nature in the chamber.

Prospects in the U.S. Senate, which is in Republican hands, are less certain. Notably, Sen. John Cornyn (R-Texas), when he served as attorney general of Texas, was in charge of the litigation that led to the closure of the Alabama-Coushatta and Tigua gaming facilities in 2002. As a member of the GOP's leadership team in the chamber, he wields considerable power over legislative matters.

At the time, both tribes were offering Class III games, such as slot machines, on their reservations. Neither had signed a Class III gaming compact with the state, which is usually required in such situations.

The tribes have since switched to Class II games, such as bingo and electronic versions of bingo. Under IGRA, these types of games can be offered in Indian Country free of state interference -- that's why the Kickapoo Tribe's Lucky Eagle Casino continues to operate.

But the courts have not recognized the distinction in ruling against the Alabama-Coushatta Tribe's Naskila Gaming and the Tigua Tribe's Speaking Rock Entertainment Center.

Following the appeals court ruling, the Alabama-Coushatta Tribe petitioned the 5th Circuit to rehear the case but the request was denied. Chairperson Cecilia Flores has previously vowed to take the fight all the way to the U.S. Supreme Court.

"There are 371 full-time jobs at stake, and we have a moral obligation to fight for every one of the people working at Naskila Gaming. Our alcohol-free facility is making a significant difference in the lives of East Texans and we will continue to pursue every legal avenue to continue operating Naskila Gaming on our tribal lands," Flores said in March.

The mandate from the 5th Circuit was issued June 3, starting the clock on the Alabama-Coushatta Tribe's potential appeal to the highest court in the land. Historically, the Supreme Court has shied from accepting Indian gaming cases.

Alabama-Coushatta Tribe - H.R.759

5th Circuit Court of Appeals Decision
Texas v. Alabama-Coushatta Tribe (March 14, 2019)

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Indianz.Com on SoundCloud: 5th Circuit Court of Appeals -- State of Texas v. Alabama-Coushatta Tribe -- January 9, 2019

House Committee on Natural Resources Notice
Full Committee Markup (June 19, 2019)

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