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Kansas Casino Manager in Court

16 June 2004

KANSAS CITY, Kansas – As reported by the Associated Press: "Illegal gambling charges filed against the manager of a tribal casino shut down by state and local authorities should be tossed out because they have no jurisdiction over the downtown gambling hall, attorneys argued in a motion filed Tuesday.

"Prosecutors charged Ellis Enyart, 52, of Miami, Okla., with one count of possession of a gambling device, a misdemeanor, and one count of illegal commercial gambling, a felony, a few days before an April raid that closed the Wyandotte Nation's tiny 7th Street Casino.

"Enyart's attorneys argue the casino sits on tribal land, making it subject to federal oversight. State and county officials, they argue, lacked 'the legal authority/jurisdiction to enforce alleged gaming violations of state law in this or any other state court.'

"State and local officials raided the casino after the National Indian Gaming Commission said the land was not eligible for gaming under Indian gaming law. The tribe, however, says the state acted prematurely because the commission's opinion was not a final agency action…"

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