Second appeals court ruling upholds reservation gambling

Wednesday, July 13, 2005 | 9:05 a.m.

CHEYENNE, Wyo. -- Developers say the planned Wind River Casino could open by next spring following a second appeals court ruling that says the state didn't negotiate in good faith with the Northern Arapaho tribe.

The tribe claims it is entitled to offer full, casino-style gambling on the Wind River Indian Reservation because the state allows that for social or nonprofit purposes.

Attorneys for Wyoming countered that neither state law nor the federal Indian Gaming Act gives the tribe the right to run such a Class III casino.

The full 10th Circuit Court of Appeals on Friday stood by a ruling by three of its judges in November that the state had negotiated with the tribe in bad faith and was entitled to offer casino-style gambling.

Attorney General Pat Crank sought the review of the full court after the three-judge ruling. Neither the administration of Gov. Dave Freudenthal nor that of his predecessor, Gov. Jim Geringer, supported full gambling on the reservation.

"The decision isn't what we hoped for," Freudenthal spokeswoman Lara Azar said. "But the governor hasn't had a chance to review it yet."

Crank likewise said he was disappointed and was waiting to see how the U.S. Department of the Interior may change its rules for reservation gambling ahead of the case being sent back to U.S. District Court.