Case: 3:25-cv-00698 Document #: 1 Filed: 08/20/25 Page 36 of 47
of tribal gaming ordinances that would become effective upon the approval of those ordinances by the Chair of the NIGC. 25 U.S.C. § 2710(b) and § 2710(d). 145. Pursuant to the IGRA and its inherent sovereign authority, the Nation has enacted a Gaming Ordinance comprehensively regulating all gaming activities on its Indian Lands. The enactment of the Ordinance was not only an exercise of the Nation’s own inherent sovereign authority but also an exercise of Congressionally delegated authority granted to the Nation by Congress with the enactment of the IGRA. United States v. Mazuire , 419 U.S. 544 (1975). 146. As such, the Nation’s Ordinance preempts the field of conduct that the Nation defines as gaming in its Ordinance, including any other federal or state law that conflicts with the express provisions of the Ordinance authorized by the IGRA and which also conflicts with the provisions of the CEA. Fisher v. District Court , 424 U.S. 383 (1976). 147. Under the Ordinance, Kalshi’s sports gambling activities meet the definition of gaming that is strictly regulated by the Nation through the Ordinance. Pursuant to its inherent sovereign and congressionally delegated authority granted to the Nation by IGRA, the Nation has jurisdiction to enforce the provisions of its Ordinance against Kalshi, including prohibiting Kalshi from engaging in sports betting on its Indian Lands by offering future event gaming contracts. WHEREFORE, the Ho-Chunk Nation prays as hereinafter set forth below. THIRD CAUSE OF ACTION (Civil RICO - 18 U.S.C. § 1962(c)) 148. 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. 149. Each member of the Gaming Racket is a “person” as that term is
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