Texas casino shuts down; tribe vows fight to reopen

Juan A. Lozano

Friday, July 26, 2002 | 10 a.m.

ALABAMA-COUSHATTA RESERVATION, Texas -- Heeding a federal court order, the Alabama-Coushatta Tribe shut down its casino at midnight Thursday.

"We have come together in a time of disappointment for our people," tribal Chairman Kevin Battise said earlier in the day at a news conference. He was surrounded by supporters holding signs such as "Sovereignty not Poverty" and "We Will Fight and Win."

The closure came a month after U.S. District Judge John Hannah Jr. of Lufkin ordered the casino out of business by the end of day on July 25.

In his ruling, Hannah said the casino is illegal because of the Native American Restoration Act of 1987.

In return for federal recognition, the tribe agreed in 1987 that it would not sponsor any gambling activities that were otherwise illegal in the state of Texas.

"We seek what all Americans seek -- better schools, better health and better homes. Unfortunately for the Alabama-Coushatta tribe, we are not part of the American dream," Battise said.

The tribe on Monday filed an emergency motion with the 5th U.S. Circuit Court of Appeals in New Orleans, asking it to stay Hannah's ruling while it goes through the appeals process.

The casino, which employs nearly 300 people, including 70 tribe members, is located about 90 miles northeast of Houston, near Livingston.

Tribal leaders said that all casino employees would be kept on payroll and be given insurance benefits for another three months.

Many casino employees said they were angered and saddened by the court's decision to shut down the facility.

"It's also a disappointment for all the employees here," said Carla Edwards, who has worked at the casino since October. "It's just not fair. We are good, hardworking people that don't deserve top be on welfare."

Tribal leaders said they are concerned how they will maintain the tribe's economic viability and its ability to provide services and jobs to its members with the casino shut down.

Estimates show the casino brought the tribe at least $1 million a month.

Alabama-Coushatta leaders and many supporters who attended Thursday's rally directed their anger at Texas Attorney General John Cornyn, who has sought to close the casinos of both the Alabama-Coushatta and the Tiguas in El Paso.

Cornyn's office has maintained that state law prohibits casino gambling.

Jane Dees Sheppard, a spokeswoman for Cornyn's office, declined to comment on Thursday.

The Alabama-Coushatta, as well as the Tigua Indians, have argued they are sovereign nations, meaning they can do anything the state of Texas is allowed to do.

The tribes also contend they were coerced into signing the Restoration Act and that the state's loosely written lottery statute allows them to open casinos.

While the Alabama-Coushatta were denied a stay by the 5th Circuit, the Tiguas did win one in November to keep their casino open. Ultimately, the court forced it to close Feb. 11.

Alabama-Coushatta tribal leaders said they would now look to the Texas Legislature and the U.S. Congress for help.

"I'm disappointed, disgusted, but not defeated," tribal Vice Chairman McClamroch Battise said.