Tribal bingo
Electronic bingo played at the Tribe’s Speaking Rock Entertainment Center was ruled to be a gaming activity regulated by the State of Texas with implications for Alabama-Coushatta
an intent to adopt Cabazon Band’s unique dichotomy.” Interestingly, Justice Roberts included with the dissent a photo of electronic bingo machines from the Tribe’s Speaking Rock Entertainment Center. In a footnote, he contends the photo confirms the electronic bingo played at the facility “is about as close to real bingo as Bingo the famous dog.” However, the propriety of the electronic bingo game was not at issue in the case. SUPREME COURT REMANDS TO FIFTH CIRCUIT TO CONSIDER “BINGO” ACTIVITIES AT PUEBLO CASINO Ultimately, the Supreme Court vacated the Fifth Circuit’s decision and remanded “[t]o allow the Fifth Circuit to revise its precedent and reconsider this case in the correct light.” On July 21, 2022, the Fifth Circuit issued an opinion stating that the Supreme Court’s decision resolved the appeal and sent the case back to the Western District of Texas for
proceedings consistent with the Supreme Court’s opinion. 2 In a footnote, the Fifth Circuit stated the District Court must decide if the Tribe’s electronic bingo “qualifies as ‘bingo’ and thus a gaming activity merely regulated by Texas, or whether it constitutes an entirely different sort of gaming activity absolutely banned by Texas and thus forbidden as a matter of federal law.” 3 On remand, the case was assigned to Judge Kathleen Cardon. In response to the Court’s request for a Joint Status Report to be submitted by September 27, 2022, the parties conferred and ultimately agreed that the Supreme Court ruling resolved all claims in the case and that there was no need for further proceedings in the Texas Federal Court. As such, the parties agreed that the case should be dismissed in its entirety. The State of Texas agreed to file appropriate court documents seeking dismissal of all claims. As a result, the decades long legal battle is finally at an end and the Tribe can legally operate its tribal casino without fear of legal repercussions.
2 Texas v. Ysleta Del Sur Pueblo, --- F.4th ----, 2022 WL 2841493 (W.D. Tex. 2022). 3 Id. at n.4.
48 • IMGL Magazine • November 2022
Made with FlippingBook flipbook maker