Speaking Rock’s future in jeopardy following federal judge’s ruling

The Tigua Native American tribe could be facing major changes at its Speaking Rock Entertainment Center.

U.S. District Judge Philip Martinez ruled on February 14 the tribe’s gaming operations violate Texas law. The Ysleta del Sur Pueblo has been tangled in a legal dispute with the State of Texas going back two decades.

A trial date had been set for March 4th in this latest case, but Judge Martinez issued the summary judgment instead and granted the state’s request for a permanent injunction.

The judge gave both sides until March 1 to suggest how the injunction should happen. He said he’d consider their recommendations and rule at a later date.

On Friday, the tribe filed documents saying it didn’t want to have their suggestions being interpreted as agreeing with the injunction in case they appeal, and asked the judge to reconsider. They argued there’s no need for a permanent injunction as his February order alone will lead them to comply.

“The failure to issue an injunction will not result in irreparable injury because bingo operations on the Pueblo will either be modified or discontinued pursuant to the terms of the Court’s final order,” the tribe said.

In 2017, Texas Attorney General Ken Paxton filed a lawsuit against the Tigua tribe alleging that the games at Speaking Rock violate state law.

The state has argued for years that the tribe’s casino, which later offered what the Tiguas called “games of chance” was operating illegally.

In 2002, an injunction led to the closure of Speaking Rock Casino, but the Tiguas were able to reopen shortly thereafter and offer a variety of games it said were compliant under state law.

Under the Restoration Act, the Tigua Tribe was allowed to offer games that were not banned in the state of Texas, so the Tiguas introduced bingo-style games.

But now those games are being called into question.

Judge Martinez ruled the bingo-style games are in violation of state law for several reasons.

For one, under state law, the Tigua Tribe is required to obtain a license to conduct bingo from the Texas Lottery Commission, which the Tigua Tribe has not done.

The law also allows for bingo to be played during four-hour sessions and only three times a week, but the Tigua Tribe’s use of the machines and its live bingo game operate 24/7.

The state argues that exceeds the volume of charitable bingo that is authorized by Texas law.

Another violation is that under state law, any bingo cardminding device must be tested by an independent testing facility or the Lottery Commission’s own testing lab.

The Tigua tribe uses its own independent facility, but the state determined that the facility the Tiguas use doesn’t evaluate the machines for compliance with Texas law.

Instead the state says the standards that the facility tests are standards that have been approved by the Pueblo Regulatory Commission.

As of Friday, Speaking Rock is still in operation, but for how long is the question.

After making his ruling in February, Judge Martinez said he is aware of the impact the injunction could have on the Tigua community.

Judge Martinez saying, “The Court is cognizant that an injunction will have a substantial impact on the Pueblo community. Accordingly, the Court joins the refrain of Judges who have urged the Tribes bound by the Restoration Act to petition Congress to modify or replace the Restoration Act if they would like to conduct gaming on the reservation.”