Tribes Seek Delay In Gaming Litigation Panel Oks Shoshone-Bannock Compact

Leaders of North Idaho’s three Indian tribes asked state legislators Thursday to delay for one year any litigation on Indian gambling that may arise out of ratification of the Shoshone Bannock Tribe’s gaming compact.

Legislation that would ratify the compact and allow the state to question in court the legality of the Shoshone-Bannock gaming machines was approved Thursday by the House State Affairs Committee.

The Coeur d’Alene, Kootenai and Nez Perce tribes immediately sent a letter to committee chairman Rep. Bill Deal, R-Nampa, asking that litigation be delayed while they continue to negotiate with Gov. Dirk Kempthorne. They say they want to resolve the issue outside a federal courtroom, avoiding prolonged and costly litigation.

“Going to court always involves a risk,” said Jaime Pinkham, treasurer of the Nez Perce Tribal Executive Committee. “It’s an unnecessary risk if both the tribes and governor continue to work toward a negotiated solution.” Pinkham was in Boise to discuss the proposal with lawmakers.

The tribes say their casinos - which rely heavily on profitable video games - have brought Idaho’s tribes out of poverty and supported other businesses.

The letter was signed by Samuel Penney, chairman of the Nez Perce executive committee; Ernie Stensgar, chairman of the Coeur d’Alene Tribe; and Velma Bahe, chairwoman of the Kootenai Tribe of Idaho.

Last year, Deal led the opposition to essentially the same bill heard Thursday.

This time Deal’s committee agreed to introduce the legislation that would ratify a federally required gambling compact with the Shoshone-Bannock tribe, and includes a provision waiving Idaho’s immunity from being sued so the state and tribes can seek a judge’s ruling on the controversial machines.

Only two committee members opposed introducing the bill, at least in part out of fear that a judge’s ruling might go beyond which games are legal in reservation casinos under the federal Indian Gaming Regulatory Act.

“We’ve been surprised by the court’s rulings before against the state, and I’m just not comfortable waiving it,” Republican Rep. Shirley McKague of Meridian said. “I don’t trust the judicial system.”

The complex Shoshone-Bannock compact came before the State Affairs Committee near the end of last year’s legislative session and died there. The Nez Perce, Coeur d’Alene and Kootenai tribes at that time flatly opposed referring the question of video pull-tab and other slot machine-type games to a judge because such machines had become an important part of their reservation casinos.

Indian leaders argue that their machines only offer an electronic version of the state Lottery’s scratch-off tickets that have included such themes as poker, craps and other casino-style games. Any form of gambling allowed by the state also is authorized on the reservations.

The state and anti-gambling activists contend that the tribes are violating the Idaho Constitution’s limited acceptance of gambling. But as the boon to depressed reservation economies becomes increasingly evident, negotiations have gotten under way with Gov. Dirk Kempthorne’s office on a middle ground.

Indications are that the governor may be willing to accept the status quo. But if a judge rules against the Shoshone-Bannock tribe before an agreement is reached, the other tribes’ chances to at least preserve what they have might be forfeited.

Deputy Attorney General David High said that if the legislation is approved as written, he expects legal action to begin within a month. A federal court ruling could be at least a year away.

Republican Rep. Julie Ellsworth of Boise told her State Affairs colleagues she was confident based on court precedent that the state would prevail and the gambling machines would be found illegal. But her co-sponsor, GOP Rep. Kent Kunz of Pocatello said the potential for certainty was worth the risk.

“As gentlemen and civilized people we will resolve our differences in federal court,” he said. “If we do nothing here today, then all of your fears will be projected on into the future.”