Tiguas unhappy with ruling on casino

Chris Roberts

Friday, Jan. 18, 2002 | 10:06 a.m.

EL PASO, Texas -- Disappointed and defiant, the Tigua Indians late Thursday night said a federal appeals court ruling supporting the state's efforts to close their casino didn't settle issues of tribal sovereignty.

"We are disappointed in the decision in light of the fact that they chose not to address the unfair decision reached by the district court," Tigua Gov. Albert Alvidrez said in a statement. "We remain committed to our struggle against the attempt by the attorney general to overturn decades of federal law that clearly establishes our sovereign rights as a recognized Indian tribe."

The three-judge panel of the 5th U.S. Circuit Court of Appeals issued a one-sentence ruling Thursday upholding a federal district court decision but it didn't specify when the Speaking Rock Casino must cease gambling operations. The casino is on tribal land in east El Paso.

The Tiguas have two weeks to notify the court if they plan to petition for a rehearing in front of the entire court. The ruling doesn't become official until Feb. 7, or shortly thereafter, when it is processed in the federal district court in El Paso.

In October U.S. District Judge Garnet Thomas Eisele ordered the casino to shut down by Nov. 30. The appellate court in New Orleans had granted the casino a stay, allowing it to operate during the appeal.

The stay was revoked in Thursday's ruling. If the tribe doesn't apply for and receive another stay, the casino would have to close when the appeals court ruling becomes official.

Texas Attorney General John Cornyn filed suit in 1999 to close Speaking Rock, arguing that casino-style gambling is prohibited by state law.

"We are pleased with the court's ruling and we especially appreciate the expedited way in which they handled this case," Jane Shepperd, a spokeswoman for Cornyn, said.

The tribe argued when voters passed the State Lottery Act in 1991, they opened the door for the tribe's casino, which has games structured to conform to the act. And Tigua officials say the tribe isn't subject to specific state criminal laws because it is a sovereign nation.

"We still have those many issues that need to be resolved," tribal spokesman Marc Schwartz said.

Schwartz said tribal members will meet Saturday to discuss their options. Tigua leaders have said they will take their appeal to the U.S. Supreme Court, if necessary.

The 5th U.S. Circuit Court of Appeals "has been a difficult court for tribal issues, not just ours but others also," Schwartz said.

The casino pulls in $60 million a year and employs about 850 people, including about 800 who aren't tribal members. The tribe has more than 1,200 members, most of whom lived in poverty before the casino was opened.

Schwartz said casino managers met with employees late Thursday.

"They are not happy with it," Schwartz said, describing the employees' reactions. "It's obviously a decision that has devastating impact."