Court Rejects Cda Tribal Casino Gambling State Doesn’t Allow Gaming For Residents, So It Isn’t Obligated To Allow It On Reservation, Ruling Says

An Idaho Indian tribe’s effort to host casino-style gambling was rejected Thursday by a federal appeals court.

Idaho does not allow slot machines, roulette, crap tables and other casino games for other residents and therefore does not have to permit them on the Coeur d’Alene reservation, the 9th U.S. Circuit Court of Appeals said.

The northern Idaho tribe has had an economic revival since opening a $2.7 million bingo hall two years ago. Last month the Coeur d’Alenes announced plans to sponsor a national lottery, accepting bets by telephone from the 36 states and the District of Columbia where lotteries are legal.

The tribe had hoped to expand gambling operations in a negotiated agreement with the state. Under federal law, states must allow Indian tribes to conduct the same type of gambling that is allowed elsewhere in the state.

When negotiations with Idaho started, state law placed no restrictions on the type of gambling that could be conducted through the state lottery, said Raymond Givens, a lawyer for the tribe. He said the Coeur d’Alenes argued that they must be allowed slot machines and roulette because the lottery could have offered those games.

But state officials called a special session of the Legislature in 1992 and passed restrictions, later approved by voters, that narrowed the rules for the lottery. Givens said the new laws were intended to restrict Indian gambling.

The tribe went to court to fight those laws.

The appeals court, upholding a ruling by U.S. District Judge Harold Ryan, said the tribe has no right to engage in gambling activities that the state does not allow elsewhere. Givens said the court did not address his argument that the tribe’s rights should be determined by the state law that existed when negotiations started.

Expanding the scope of gambling “would have provided a great economic boost to the Coeur d’Alene tribe,” the lawyer said. “The tribe has aggressively sought economic development in other areas without a great deal of success.”

He said the state’s agreement allows the tribe to conduct lotteries, pull-tab games, and betting on horse racing and dog racing.

Deputy Attorney General David High, the state’s lawyer, said the ruling would help the state maintain control over gambling.

“If casinos were allowed throughout the state on the various reservations, we wouldn’t have much of a policy against casinos,” he said.

The 3-0 ruling was signed by Judges Harry Pregerson, Alex Kozinski and Edward Leavy.