Tiguas back in court to keep casino open

Chris Roberts

Wednesday, Jan. 9, 2002 | 9:29 a.m.

EL PASO, Texas -- The 5th U.S. Circuit Court of Appeals today is to hear an appeal of a federal district court ruling that the Tigua Indians must cease gambling operations at their Speaking Rock Casino.

Attorney General John Cornyn filed the lawsuit in 1999, saying casino-style gambling is prohibited by state law. The Tiguas contend the State Lottery Act opened the door to casino gambling on tribal land.

A federal district court in El Paso ruled last year that the Tiguas had to cease gambling operations at the casino, but the appeals court allowed Speaking Rock to remain open during the appeal.

Whatever the appeals court rules, both the Attorney General's Office and the Tiguas have said they will take the case to the U.S. Supreme Court if they lose.

Concerned about fallout from the lawsuit, the Veterans of Foreign Wars and Indian groups have filed briefs supporting the tribe.

The appeals court allowed the brief from the National Congress of American Indians and the National Indian Gaming Commission regarding the issue of tribal sovereignty.

"This court's decision (to close the casino) will have a significant impact on the tribe's status as a sovereign Indian nation and its ability to engage in activities lawful for Indian Nations under the (federal) Indian Gaming Regulatory Act," the brief states.

The Attorney General's Office has said the tribe gave up its sovereignty with regard to gaming issues when it approved the 1987 Restoration Act, which restored the Tiguas' trust relationship with the federal government.

The Alabama-Coushatta tribe also was included in the Restoration Act and it opened its own casino in November. Cornyn went to federal court earlier this month to try to close that casino using the same arguments presented in the Tigua case.

Although the appeals court on Dec. 26 denied a brief filed by the VFW, the veterans' organization has filed a separate lawsuit challenging Cornyn's ability to prosecute criminal cases in Texas.

The VFW is concerned about Cornyn's assertions in the Tigua case that certain video games are illegal. The VFW uses those slot-machine games, called eight-liners, at many of its fund-raising events.

"There are dozens and dozens of VFW halls in Texas that raise funds through eight-liners," said Anatole Barnstone, an attorney with the Austin law firm representing the VFW.

He said many of the VFW halls stopped using the machines after they were threatened by local prosecutors who were counseled by Cornyn.

Barnstone said Texas law allows eight-liners in certain circumstances, but that Cornyn has not made that distinction in his public comments. Barnstone said the VFW also contends that the Texas Constitution limits the attorney general to civil cases.

"We believe Mr. Cornyn's role is a civil one, and he's crossing over into criminal law," Barnstone said.

The Attorney General's Office challenged the VFW brief in the Tigua case on the grounds that the VFW lawsuit is the proper place to deal with the issue.

Jane Shepperd, a spokeswoman for Cornyn, said she hadn't read the VFW brief, but added: "The slot machines in operation at the Speaking Rock Casino are illegal, as are slot machines anywhere in Texas."