For Immediate Release

September 11,2003

Tanna Chattin

202-632-7003

 

NlGC Decides To Continue Closure of the Sac and Fox Tribal Casino

 

Washington, DC - The National Indian Gaming Commission today announced its decision to continue the closure of the tribal casino of the Sac and Fox Tribe of Mississippi in lowa, located in Tama, lowa. The Meskwaki Casino Bingo Hotel was closed in May, when the Chairman of the Commission, Philip Hogen, issued a temporary closure order for the Tribe's failure to correct gaming violations. The Casino remains closed.

 

The decision to affirm the order of closure was unanimously supported by the full three member Commission. The Commission based its closure of the Casino on substantial gaming violations that were not contested by the Tribe on appeal. The Commission found that gaming at the Meskwaki Casino was unregulated because the federally recognized tribal leadership was not in control of either the tribal government or gaming at the Casino. The Commission decided that closure of the Casino was the only appropriate remedy.

 

In its decision, the Commission explains exactly what needs to occur before gaming may resume. The Tribe will need to convince the Commission that the Tribe, acting through a federally recognized Tribal Council, duly elected under the Tribe's constitution, is in control of the tribal government and the Casino. The Tribe will also be required to show that no gaming violations exist.

 

In March, a dissident faction of the Sac and Fox Tribe, led by Homer Bear, Jr., occupied the Casino and tribal government offices after petitions to recall Tribal Chairman Alex Walker, Jr., were ignored. The Commission's decision noted that the dissident faction has no right to hold or exercise government authority under the Tribe's constitution. Consequently, it has not received federal recognition as the Tribe's governing council.

 

The Bureau of lndian Affairs recognized Alex Walker's elected leadership, and the NlGC accepted this recognition. The NlGC then issued a warning to the Tribe that it was violating the lndian Gaming Regulatory Act and related laws because the federally recognized tribal government was not in control of the Casino.

 

Commission Vice-Chairman Nelson Westrin said, "The goal of the lndian Gaming Regulatory Act to promote strong tribal governments is best served by requiring that tribes follow the rule of law, in this case, by having federally recognized leadership. Allowing the unrecognized faction to retain control of an operating casino would create instability and a harmful precedent in lndian country, ultimately undermining the integrity of lndian gaming."

 

The National lndian Gaming Commission was created by the lndian Gaming Regulatory Act of 1988 as an independent federal regulatory authority for tribal gaming operations. The mission of the National lndian Gaming Commission is to meet congressional concerns that tribal, state and federal regulation is adequate to shield lndian gaming from organized crime and other corrupting influences, ensure that lndian tribes are the primary beneficiaries of their gaming operations, assure that lndian gaming is conducted fairly and honestly, and protect the use of

gaming by tribes as a viable means of generating governmental revenue and promote tribal economic development and strong tribal government.

 

The Commission's three members are: Chairman Phil Hogen, Vice-Chair Nelson Westrin and Associate Commissioner Cloyce "Chuck" Choney.