Shutdown of Indian casino in N.M. sought

Sue Major Holmes

Friday, Feb. 18, 2005 | 9:42 a.m.

ALBUQUERQUE -- New Mexico's attorney general asked a federal judge Thursday to shut down an Indian casino because the tribe has failed to pay its share of casino revenue as called for in state gambling compacts.

"If the pueblo will not honor this agreement, I ask the federal court to order the pueblo to shut down their casino operations," Attorney General Patricia Madrid said. "By failing to honor the gaming compact with New Mexico, the pueblo does not have the right to operate the casino."

The casino in question is operated by the Pojoaque tribe, just north of Santa Fe, whose financial dispute with the state dates back several years.

Pojoaque Pueblo Gov. George Rivera was in a meeting Thursday afternoon and not immediately available to comment on Madrid's action, pueblo officials said.

Madrid's motion, filed with U.S. District Judge Bruce Black, seeks a summary judgment in favor of the state. Such a motion argues that the court has all the evidence it needs to rule without going to trial.

The attorney general said the pueblo entered into an agreement with the state to share 16 percent of its slot machine revenue but has not honored the agreement.

Rivera said in July that the state had demanded too much to settle the dispute and that the pueblo was prepared to let the court resolve the matter. He sent Madrid a letter criticizing her for rejecting a pueblo settlement offer and said her proposal would wreck Pojoaque's economy.

Madrid had filed suit against 12 tribes for failing to make payments to the state as required under the terms of 1997 gambling compacts.

Ten tribes settled in 2001 and made a total of $91 in back payments. The Mescalero Apache Tribe settled in April and agreed to pay the state $25 million in back payments, leaving Pojoaque Pueblo as the only tribe that has not settled.

Under new compacts signed with other the other tribes, the state receives a maximum of 8 percent of slot machine proceeds.