Judge issues injunction ordering Tiguas to stop bingo gaming in 90 days, then stops order
A federal judge on Thursday ruled the Tigua Tribe’s bingo and gaming operations must stop in 90 days, then immediately stopped his own order, pending appeal, citing ” irreparable harm ” that may be suffered by the Tribe.
Judge Philip Martinez issued a permanent injunction for Speaking Rock and other properties, saying the tribe’s activities violate Texas gaming laws. The judge’s injunction includes an order prohibiting the tribe from using any cardminding gaming device that has not been tested by an independent testing facility or the Texas Lottery Commission.
” This injunction applies on the territory of the Ysleta Del Sur Pueblo’s reservation, Speaking Rock Entertainment Center, Socorro Tabacco Outlet, and any other property controlled ” by the tribe, the injunction states.
The pueblo has indicated it would appeal and Judge Martinez ruled the status quo should remain place pending the appeal process.
In the court’s Order Staying Permanent Injunction, the judge explains why he immediately stopped the injunction against gaming activities on Tigua property while the appeal process unfolds. ” Any harm to the State as a result of a stay is temporal: if a stay is granted, then the State’s ability to enforce its laws is frustrated only for the duration of an appeal, ” the judge wrote, ” On the other hand, the harm the Tribe faces is truly irreparable. ”
The judge further wrote, ” The injunction will impact the lives of many members of the Pueblo community. The Court is mindful that Speaking Rock is a primary employer for the Tribe’s members and that Speaking Rock’s revenue supports significant educational, governmental, and charitable initiatives. ”
According to the Order Staying Permanent Injunction, the Tigua Tribe reported the economic impact of operations at Speaking Rock was $161.5 million in 2017, including 1,156 jobs with labor income of approximately $39.3 million.
This is the chapter in a bitter dispute between the Ysleta del Sur Puebo , also known as the Tiguas , and the State of Texas going back 17 years.
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 Tiguas were allowed to offer games that were not banned in the State of Texas, so the tribe introduced bingo-style games.
Now, those games are being called into question. In 2017, Texas Attorney General Ken Paxton filed a lawsuit against the Tiguas , alleging the games at Speaking Rock violate state law.
Earlier this month, 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.
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. The state determined that facility the Tigua Tribe uses does not evaluate the machines for compliance with Texas law.
