Court overturns order to close Indian casino

Chris Roberts

Wednesday, Nov. 28, 2001 | 9:26 a.m.

EL PASO, Texas -- The 5th U.S. Circuit Court of Appeals on Tuesday granted the Speaking Rock Casino a stay, overturning a federal judge's order that would have closed gambling operations.

"This is a recognition that the irreparable harm that would occur is something they need to review before any decisions are made," said Marc Schwartz, spokesman for the Ysleta del Sur Pueblo, which operates the casino.

For the time being, the casino will remain.

U.S. District Judge Garnet Thomas Eisele last month ordered the Speaking Rock Casino to shut down by Friday, saying it violated Texas laws against casino-style gambling.

In his ruling, Eisele agreed with the case presented by lawyers representing Texas Attorney General John Cornyn and ordered the casino to cease its gambling operations. Eisele denied a motion from the tribe asking for a stay of his order. He wrote that the law is "clear and unambiguous."

Schwartz said the court also agreed to speed up an appeal by setting a court date of Jan. 9 for oral arguments in the Indians' appeal of the federal judge's ruling.

Cornyn's office received word of the order Tuesday morning over the telephone, spokeswoman Jane Shepperd said.

"We respect the decision of the court," Shepperd said. "We particularly appreciate the court's willingness to expedite their consideration of this appeal."

The Tigua Indians have said they will be forced back into poverty if they are denied the $60 million the casino pulls in each year. The tribe has more than 1,200 members and the casino employs about 850 people, 800 of whom aren't tribal members.

The El Paso community, including the City Council, the County Commissioners and both chambers of commerce have supported the Tigua tribe, stating that the casino is vital to the city's economy.

Cornyn has said tribal elders knew that what they were doing was illegal when they opened the casino in 1993. He said he cannot enforce the state's laws selectively and suggested the tribe make further efforts in the Legislature to have the law changed.

Lawyers for the Tiguas argue that they are a sovereign nation, meaning they can do anything the state of Texas is allowed to do. They say their gaming is structured so that it meets the requirements of the state Lottery Act, which would mean the casino is legal as long as the state lottery is legal.