Oklahoma high court: Governor overstepped with tribal deal
Legal Business News
Oklahoma Gov. Kevin Stitt overstepped his authority when he reached a casino gambling agreement with two Native American tribes, the state Supreme Court ruled Tuesday.
In a 7-1 decision, the high court determined the compacts Stitt signed with the Comanche Nation and Otoe-Missouria Tribes are “invalid under Oklahoma law.”
The deals would have allowed the two tribes to offer wagering on sporting events and house-banked card and table games. The compacts also would have allowed the tribes to construct new casinos closer to larger population centers, and would have given the state a larger share of casino revenues from those new casinos. The U.S. Department of the Interior gave tacit approval to the compacts in June following the expiration of a 45-day review period.
But because wagering on sporting events and house-banked card and table games haven’t been authorized by the Legislature, any revenue from such games is prohibited, the court ruled.
“The court must, therefore, conclude Governor Stitt exceeded his authority in entering into the tribal gaming compacts with the Comanche Nation and Otoe-Missouria Tribes that included Class III gaming prohibited by the State-Tribal Gaming Act," the court wrote.
Otoe-Missouria Tribe Chairman John R. Shotton said in a statement that the Oklahoma Supreme Court doesn't have the jurisdiction to invalidate the tribe's compact.
“We have said all along we do not plan to offer house-banked card and table games and event wagering until they are authorized by state law," Shotton added. “Indeed, this condition was part of the compact, and it was unfortunately overlooked by the court."
Stitt said the court's decision, along with a recent U.S. Supreme Court ruling that determined much of eastern Oklahoma remains an American Indian reservation, leaves much work to be done with the tribes.
Related listings
-
No peeking, voters: Court keeps Trump taxes private for now
Legal Business News 07/12/2020Rejecting President Donald Trump’s complaints that he’s being harassed, the Supreme Court ruled Thursday in favor of a New York prosecutor’s demands for the billionaire president’s tax records. But in good political news for T...
-
High court won't hear abortion clinic 'buffer zone' cases
Legal Business News 07/02/2020The Supreme Court on Thursday turned away pleas from anti-abortion activists to make it easier for them to protest outside clinics, declining to wade back into the abortion debate just days after striking down a Louisiana law regulating abortion clin...
-
Supreme Court rules SEC can recoup money in fraud cases
Legal Business News 06/23/2020The Supreme Court on Monday preserved an important tool used by securities regulators to recoup ill-gotten gains in fraud cases.By an 8-1 vote, the justices ruled that the Securities and Exchange Commission can seek to recover the money through a pro...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child. Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.