Case: 3:25-cv-00698 Document #: 1 Filed: 08/20/25 Page 35 of 47
139. Kalshi has not implemented any mechanism, such as geo-location and geo-fencing, that would prevent any person or entity from engaging in sports betting using the Kalshi app on the Nation’s Indian lands. 140. IGRA establishes a right of action by an “Indian tribe to enjoin a class III gaming activity located on Indian lands and conducted in violation of any Tribal- State compact [or Secretarial Procedures] entered into . . . that is in effect,” over which the “United States district courts shall have jurisdiction . . . .” 25 U.S.C. § 2710(d)(7)(A)(ii). 141. An actual case or controversy exists between the Nation and Kalshi, in that the Nation asserts that Kalshi is conducting class III gaming on the Nation’s Indian Lands and such conduct violates the Nation’s Compact and federal and state law, while Kalshi contends that its activities do not constitute gaming and, therefore, do not violate IGRA. WHEREFORE, the Ho-Chunk Nation prays as hereinafter set forth below. SECOND CAUSE OF ACTION (Violation of the Nation’s Gaming Ordinance) 142. The Ho-Chunk Nation realleges each of the allegations set forth in the proceeding paragraphs of this complaint and by this reference incorporates each allegation as if set forth herein in full. 143. The Nation is a sovereign governmental entity that exercises inherent powers of self-government with the jurisdiction and authority to enact its own laws and enforce those laws against both Indians and non-Indians engaging in activities on its Indian Lands. United States v. Wheeler , 435 U.S. 313, 323 (1978); Water Wheel v. LaRance , 642 F. 3d 802 (9th Cir. 2011). 144. In enacting the IGRA, Congress expressly granted Indian tribes the right to regulate gaming activities on their respective Indian lands through the enactment
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