Case: 3:25-cv-00698-wmc Document #: 56-1 Filed: 01/06/26 Page 4 of 13
occur on the Nation’s tribal lands. See Seminole Tribe of Florida v. Florida , 517 U.S. 44, 73–74 (1996). Defendants’ position is absurd. Tribes have inherent authority to conduct, regulate, and (importantly here) enjoin any class III gaming activity occurring on their lands, which was expressly recognized and codified within IGRA. Class III gaming—including sports betting and therefore Defendants’ sports-betting activity—is only permitted on tribal lands when it is offered pursuant to a tribal-state compact and in accordance with any applicable tribal gaming ordinances. Neither the Nation’s compact with Wisconsin (“Compact”) nor its tribal gaming ordinance authorize Defendants’ sports-betting activities. Accordingly, all class III gaming that occurs on the Nation’s tribal lands that is not so authorized, including Defendants’ sports-betting activity, is expressly prohibited and the Nation has the authority to enjoin it. 2 Accordingly, the Nation’s motion for preliminary injunction should be granted. I. Tribes Have the Inherent and Exclusive Authority to Conduct, Regulate, and Enjoin Class III Gaming that Occurs on Their Lands. Tribes have the inherent and exclusive sovereign authority to regulate gaming occurring on their tribal lands. Defendants attempt to avoid this fact by arguing that they are nonmembers and that tribes, including the Nation, generally lack authority over nonmembers. ECF No. 29 at *21–24; ECF No. 32 at *15–18. However, this sovereign authority was expressly recognized by both the Supreme Court in Cabazon and Congress in enacting IGRA. Specifically, Congress recognized that “Indian tribes have the exclusive right to regulate gaming activity on Indian lands if the gaming activity is not specifically prohibited by Federal law and is conducted within
2 To the extent that Defendants argue their conduct is subject to the Commodity Futures Trading Commission’s exclusive jurisdiction under the Commodity Exchange Act (“CEA”), or is otherwise exclusively governed by the Unlawful Internet Gambling Enforcement Act, Tribal Amici concur with and incorporate herein the arguments raised by the Nation in their motion. See ECF No. 38, at *22–29, 30–32.
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