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Judge to Decide New York Tribal Casino Case

NEW YORK – As reported by the Associated Press: "A federal judge has announced that he will decide whether to allow the Shinnecock Indian Nation to build a casino in Hampton Bays without waiting for the Bureau of Indian Affairs to grant the tribe federal recognition.

"U.S. District Judge Thomas C. Platt said in a conference Tuesday in Central Islip that he will hold a nonjury trial early next year to determine whether the Shinnecock can build a casino on 79 acres they own on Newtown Road in Hampton Bays.

"If the trial goes ahead, it will be highly unusual, since the judge will have skipped the legal step of requiring the tribe to get federal recognition before opening a casino. The tribe is now recognized by the state but not by the federal government.

"…Also Tuesday, Platt decided to combine the state's case against the Shinnecock with a similar lawsuit by the Town of Southampton against the tribe.

"…He will need to rule on whether the Shinnecock are a sovereign nation, and are therefore immune to being sued by the state of New York. Similarly, he also may decide whether the Shinnecock should be a federally recognized tribe and therefore be allowed to continue their pursuit of a casino…"

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