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November 15, 2009

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Higher court affirms U.S. district judge’s ruling in Tigua case

Thursday, Nov. 2, 2000 | 9:49 a.m.

The Tiguas had asked that the lawsuit filed by the state attorney general seeking to shut down their casino be thrown out, claiming immunity from such a shutdown. The tribe filed the motion to dismiss in October 1999.

The state contends that slot machines and card games at the Speaking Rock casino on the tribe's southeast El Paso reservation are illegal. The Tiguas argue that as an Indian tribe, they have sovereign immunity from being sued unless Congress issues a waiver.

Attorney General John Cornyn has argued that through the Tiguas' 1987 Restoration Act, Congress waived their immunity to such a lawsuit.

In Wednesday's three-page opinion, the court said the act "clearly states that all gaming activities which are prohibited under the laws of the State of Texas are prohibited on the reservation."

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