Expansion of Texas Kickapoo Tribe Casino Ruled Against

Expansion plans by the Kickapoo Indian tribe to offer Las Vegas-style gambling at its casino in South Texas, USA were dashed, when a federal appeals court ruled Friday that the U.S. Department of the Interior overstepped their bounds and undermined the power of the state of Texas to restrict Indian gaming.

The Kickapoo Indians administer the Kickapoo Lucky Eagle Casino, the only legal casino in South Texas, located on the Eagle Pass reservation.

Over the past 12 years, the Kickapoos have contended to Texas state and federal officials that, according to federal law, they should be able to offer more than poker and bingo at their casino because Texas operates its own lottery.

However, Texas officials have refused to negotiate with the tribe, and in May the State Legislature refused to approve the expansion of gambling for tribes.

When state officials refused to negotiate with the tribe, Interior Department officials created rules that would have forced state authorities to the negotiating table or allowed federal officials to decide the issue.

In May, officials in the U.S. Department of the Interior gave the tribe preliminary approval to expand its offerings from poker and bingo to a range of games including blackjack, keno, roulette and off-track parimutuel betting.

U.S. Senator John Cornyn and Texas Attorney General Greg Abbott criticized the agency's decision, and noted the Texas legal challenge to federal authority was pending before the 5th U.S. Circuit Court of Appeals.

Last Friday, the appeals court sided with the state of Texas, ruling that the federal agency's permitting process violates the Indian Gaming Regulatory Act, which gives states significant power to restrict Indian gaming.

A spokesman for Attorney General Greg Abbott hailed the decision in a press release on Monday.

"The 5th Circuit Court of Appeals ruling is a clear victory for the citizens of Texas," Thomas Kelley said. "In striking down the U.S. Department of the Interior's gaming application procedures as unconstitutional, the court has reaffirmed that the State of Texas should have meaningful input in any federal decision regarding casino-style gambling, an activity that has always been illegal in Texas."

Chief Judge Edith Jones noted that now the U.S. government could sue Texas, though the tribe cannot, to determine whether the state has acted in good faith, but said that could be a long shot.

When the Kickapoos began their quest for more gambling, their negotiations with then-Gov. George W. Bush and his counsel, Alberto Gonzales, went nowhere. Gonzales is now U.S. Attorney General and the one to decide whether the federal government would sue Texas. Quite the long shot.

To view the PokerPages casino listing for Kickapoo Lucky Eagle Casino, click here.

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