User Rating: 5 / 5

Star ActiveStar ActiveStar ActiveStar ActiveStar Active
 

 Tenth Circuit Ruling is a Major Blow for the Casino of New Mexico Tribe

Tenth Circuit Ruling is a Major Blow for the Casino of New Mexico Tribe

The two-year New Mexico gaming compact dispute between the state and Pueblo of Pojoaque Native American tribe has been settled. Three federal judges in the Tenth Circuit Court of Appeals in Denver ruled late last week that the tribe must come to terms on a new gaming compact with the state, not the US Department of the Interior (DOI).

The Pojoaque Pueblo people own two casinos in New Mexico, the Buffalo Thunder Resort just north of Albuquerque, and Cities of Gold Hotel in Santa Fe. Buffalo Thunder is a full-fledged real money casino with video slot machines and table games, while Cities of Gold is a smaller venue that features electronic gaming machines and bingo.

Both gaming floors, however, are currently operating as unlicensed casinos, at least that’s according to New Mexico Governor Susana Martinez (R). The tribe’s gaming compact with the state expired in 2015.

The governor in her second term says the Native American group must negotiate with the state in order to form a new gaming contract. The tribe says it owes the state nothing, and politicians in Santa Fe are trying to impose an unlawful tax. The Pueblos say they should deal with the US DOI, not the state.

But in the three-judge appeals ruling, the Tenth Circuit sided with the state. “We hope the Court of Appeals decision will bring this issue to a close,” Martinez’ spokesman Michael Lonergan said.

The tribe argued its sovereign rights are being violated in being forced to negotiate and share revenue with the state even though every other Class III Native American gaming facility in New Mexico has a compact.

The Indian Gaming Regulatory Act (IGRA), passed in 1988, established the framework for Indian gaming. One of the most important stipulations of the law is that while federally recognized tribes can operate Class I and II games on their sovereign reservations without federal or state approval, Class III games, which includes slots and table games, must be authorized by the tribe’s home state.

Under New Mexico’s new gaming compact with other tribes, the state demands tribes share up to nine percent of their annual adjusted net win. That percentage will grow to as high as 10.75 percent by 2030.

There are currently 16 other New Mexico gaming compacts in operation, including 12 sects of pueblos. But the Pojoaque people remain adamant that they aren’t willing to re-up with the state.

“The court clearly got it wrong,” the tribe said in a statement. “Since the US Supreme Court in the Seminole decision decided that states can use their immunity to prevent tribes from suing them to avoid a court ruling that the state did not negotiate a compact in good faith, IGRA cannot function as it was originally intended.”

The Seminole citation stems from Florida trying to expand gaming at its horse and greyhound racetracks, while still holding a compact with the powerful tribe. Like the Pojoaques, the Seminoles are currently operating their casino resorts in Florida without a valid compact.

Regardless, the Tenth Circuit ruling is a major blow for the New Mexico tribe.

Related articles

Take Off Your Shirt and Play Pornhub Casino
The real money casino Pornhub has just that little something that you were missing from the other online casinos! The...
System to Win at Roulette
In reality, winning gamblers at real money casino win because they know the few sacred principles of gambling and they...
Top 10 Tips for Winning at Online Baccarat
The outcome of each hand is independent of your decisions. In the real money casino all actions are automatically....
Martingale - One of the Winning Strategies on the Roulette
According to this strategy, the stakes have be done all the time on one color: red or black. Also you can bet on the...
Keno and Bingo. What is the difference?
There is an erroneous version that Keno and Bingo - this is one game. While the games do share some similarities, the...
Baccarat Glossary
Baccarat is one of the most popular table games of prestige and elegance that often takes place in the online and live...