EL PASO, Texas ? The Speaking Rock Casino, run by the Tigua Tribe of the Ysleta del Sur Pueblo, ceased gaming activities at midnight on Feb. 11.
U.S. Supreme Court Judge Anthony Kennedy rejected the tribe’s appeal without comment that morning, refusing to consider Tiguas’ emergency motion for a stay. The tribe had hoped to keep the casino open as it appealed a lower court ruling that ordered the casino’s closure.
“In an era of declining direct federal aid to Indian tribes, closure of the casino will result in devastating consequences for the tribe and the surrounding community,” the tribe said in its brief presented to Judge Kennedy.
On Jan. 17, the 5th U.S. Circuit Court of Appeals in New Orleans declined to grant a stay that would have kept the casino open.
“The tribal Council has decided to comply with the 5th Circuit Court’s order, and gaming has ceased,” Marc Schwartz, spokesman for the tribe, told ICT. “The tragedy of this whole thing is that we have great group of 700 employees who remain in limbo.” Only about 50 of the employees are members of the tribe.
“We will return,” said Tigua Gov. Albert Alvidrez after announcing the closure. “It is extreme racism. Some officials would rather see us in front of the unemployment lines begging for handouts.”
In 1999, state Attorney General John Cornyn filed a lawsuit to close the casino, which opened in 1993. The attorney general’s office maintains that Texas law prohibits casino-style gambling, and that the Tiguas are subject to that law because of a 1987 agreement signed with the federal government restoring the tribe’s trust relationship.
Tribal officials contend that as a sovereign nation, it is not subject to state laws, but insist their games of chance comply with the Texas State Lottery Act.
Schwartz told ICT that by subjecting the Tiguas to Texas law, the state is in direct conflict with Federal law. He was disappointed that the court rejected the Tiguas’ appeal without comment.
“If we have the opportunity for a fair hearing, we believe there exists conflict in the Federal statutes and Federal court rulings that would be of interest to the Supreme Court,” said Schwartz. He said the tribe still seeks an en banc hearing with all 15 members of the 5th Circuit to press its case. If the 5th Circuit declines to hear the case, Schwartz said the Tiguas will appeal to the Supreme Court.
In January, a three-judge panel of the court affirmed a lower court ruling that the Speaking Rock casino violates state law and must close. That order took effect on Feb. 11.
The casino generated an estimated $60 million annually for the tribe’s coffers. Those funds have been used to provide housing, scholarships and health insurance for tribal members.
