Gaming Legal News - June 26, 2013 • Volume 6, Number 14

In This Issue:


Over the past several years, there have been a series of publicized tribal enrollment revocations of enrolled members – including former tribal leaders – and their entire families. While this phenomenon was extremely rare in the past, it is becoming increasingly and disturbingly common.


The National Indian Gaming Commission (NIGC) has proposed a rule that will classify one-touch bingo as Class II gaming, reversing its previous position. One-touch bingo is a networked electronic game in which the player must only press one button to wager and play. This rule confirms that Class II Indian gaming facilities, which do not require a tribal-state gaming compact, will be able to offer machines that more closely resemble slot machines. NIGC will accept comments for 60 days before promulgating a final rule.


The Supreme Court agreed this week to review the Sixth Circuit’s decision in Michigan v. Bay Mills Indian Community. The Court will decide (1) whether the Indian Gaming Regulatory Act of 1988 grants states standing to sue an Indian tribe in federal court for operating a casino on non-Indian lands and (2) whether tribal sovereign immunity prohibits such suits by a state against a federally recognized tribe. The Sixth Circuit ruled that federal courts lacked jurisdiction to enjoin Bay Mills from illegal gaming outside Indian lands and that Bay Mills was immune from the State’s suit. The Court’s ruling will resolve a circuit split over whether federal courts may enforce IGRA on non Indian land.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Dickinson Wright | Attorney Advertising

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