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A hearing on whether a federal judge will hold the Tiguas in contempt for allegedly violating state gambling laws continues today, but it is unclear when the judge will rule.
The hearing, which included testimony from undercover investigators, began Monday in U.S. District Court in Downtown El Paso.
Officials with the Texas Attorney General's Office are asking U.S. District Judge Kathleen Cardone to hold the Tiguas in contempt for allegedly violating a 2001 injunction, and to award remedies that will severely limit the Tiguas' business ventures.
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Adriana M. Chávez
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According to court documents, Texas Attorney General Greg Abbott and other officials with the state Attorney General's Office allege the Tiguas have violated a Sept. 27, 2001 injunction that shut down the Ysleta del Sur Pueblo's Speaking Rock Casino, now known as the Speaking Rock Entertainment Center, and prohibits the tribe from hosting gambling activities there.
State officials are asking Cardone to award remedies that include stopping all business operations at Speaking Rock and the Socorro Entertainment Center "other than ticket sales for the conduct of concerts," removing all electronic equipment being used as gaming devices and imposing a civil penalty of $500 a day since July 30, 2009 — more than $750,000.
The contempt hearing began Monday and witnesses included state law enforcement officials who testified about the "casino-like" atmosphere at two entertainment centers owned by the tribe.
Officials are also asking Cardone to order the tribe to pay nearly $58,000 for "undercover investigations" at Speaking Rock, located at 122 S. Old Pueblo, and the Socorro Entertainment Center at 11200 Santos Sanchez in 2012. The investigations allegedly uncovered evidence that the two entertainment centers are actually casinos.
James Craig Dewees, a Dallas-area police officer who specializes in gambling-related investigations, testified Monday he visited Speaking Rock about four years ago.
It had "all the sights and sounds of a normal casino," Dewees testified. He also said while on the stand that people playing the gaming devices at Speaking Rock were able to "cash out" the money put into the machine plus their winnings. In many sweepstakes games, Dewees testified, the machine will collect a "donation" amount but only pay the player what he or she has won.
Lawyers for the tribe argue the eight-liner games qualify as "sweepstakes" conducted by third-party national vendors seeking donations for the tribe.
Richard Williamson, who worked at the BMM gaming test lab when he performed an analysis on the gaming systems used by the Tiguas, testified the gaming systems the tribe used were "in compliance" and qualified as sweepstakes games.
The contempt hearing continues today in Cardone's court.
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