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Judge’s ruling keeps tribal casino open

Friday, June 24, 2005 | 9:14 a.m.

MUSKOGEE, Okla. -- A federal judge has given the United Keetoowah Band a temporary reprieve and allowed the tribe's casino in Tahlequah to remain open until at least August.

U.S. District Court Judge James Payne ruled Wednesday that closing the casino would harm the immediate area and refused the state's request to lift a July 2004 temporary order issued by Cherokee County District Judge John Garrett that protects the casino from being closed for allegedly violating state gaming laws.

Payne said the state did not submit sufficient evidence of irreparable harm under order removal criteria, and that he was also hesitant in enforcing state criminal laws in a federal court.

"What's the damage to the state of Oklahoma if this facility stays open? It's been open for years," he said. "If you want me to shut them down, we have to look at the irrevocable harm."

Oklahoma Assistant Attorney General Charles Rogers argued that the state's integrity is being harmed every day the tribe is allowed to operate a casino on questionable Indian land.

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