Gaming News

South Dakota tribe files against state

SOUTH DAKOTA – As reported by the Argus Leader: "Gov. Mike Rounds and the state refuse to negotiate in good faith a gaming compact with the Flandreau Santee Sioux Tribe, the tribe says in a federal lawsuit.

"The tribe filed the case in U.S. District Court, accusing Rounds and the state of bad-faith negotiations. The state's position, the pleadings say, cripples chances for economic development that could include a new hotel, resort, water park and convention center complex.

"Other tribes in South Dakota and neighboring states will pay close attention to the case, says Gerald Eagle Bear of the Rosebud Sioux Tribe Gaming Office.

"…A federal law allows Indian tribes to have the same types of gaming that states allow anyone else. Tribes and the state are to negotiate compacts for gambling. If a state fails to negotiate in good faith, a tribe may go to federal court. Flandreau is asking the federal court to order the state to conclude a negotiation within 60 days. That's a remedy provided under the Indian Gaming Regulations Act passed two decades ago. If that fails, a mediator could be appointed to compare each side's last offer.

"The Flandreau lawsuit contends that the tribe and its members are being denied equal protection of the law because the state has held fast to a 250-slot machine limit for each tribe. At the same time, the number of slot machines in Deadwood gaming houses has increased - by more than 2,100 since 1990, the lawsuit says - as has the number of video lottery terminals in that state-owned game - by more than 6,100 since 1990, the pleadings say…"

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