Court weighs Indian casino future

Doug Simpson

Friday, Jan. 11, 2002 | 9:44 a.m.

NEW ORLEANS -- The Tigua Indians must shut down their Speaking Rock Casino near El Paso, Texas, because state law bans gambling and the tribe "agreed to be bound by the laws of Texas," state officials argued Wednesday in a federal appeals court hearing.

The tribe has argued that Texas' lottery law allows gambling on tribal land, but Texas Solicitor General Julie Parsley told 5th U.S. Circuit Court of Appeals judges the casino's slot machines and blackjack games are illegal.

"Las Vegas-style gambling was not what the Texas populace had in mind when it passed the Lottery Act," Parsley told the panel Wednesday. The tribe "agreed to be bound by the laws of Texas and gambling is illegal in the state of Texas."

Attorney General John Cornyn filed a lawsuit in 1999, saying casino-style gambling is prohibited by state law. The tribe appealed to the 5th Circuit after a federal district court in El Paso, Texas, rejected the tribe's argument that the State Lottery Act in 1991 allowed them to operate a Las Vegas-style gambling hall on tribal land.

The appeals court allowed the casino to remain open while the tribe appeals the district court's ruling.

Both the attorney general and the Tiguas have said they will take the case to the U.S. Supreme Court if they lose. The appellate judges gave no indication when they would rule.