Ninth Circuit Court Reaffirms Tribal Sovereignty in Washington Gaming Case
In a unanimous decision, the Ninth Circuit Court of Appeals upheld the dismissal of a lawsuit filed by Maverick Gaming, a cardroom operator challenging the gaming compacts between Washington state and its federally recognized tribes. The ruling supports the tribes’ exclusive rights to operate sports betting under state-approved agreements, reinforcing the importance of tribal sovereignty in gaming regulations.
The case revolved around gaming compacts negotiated between Washington tribes and the state, which were later approved by the federal government. Maverick Gaming’s lawsuit sought to dismantle these agreements and expand sports betting beyond tribal casinos. However, the tribes were not named as parties in the lawsuit, a procedural oversight that significantly influenced the court’s decision.
The Ninth Circuit concluded that the lawsuit could not proceed “in equity and good conscience” without tribal participation, citing the economic and sovereign interests central to tribal self-determination. The court emphasized that Maverick’s objectives conflicted with Washington’s longstanding policy supporting regulated governmental gaming, including tribal casinos and the state lottery, while restricting private gambling enterprises.
Rebecca George, Executive Director of the Washington Indian Gaming Association, hailed the decision as a reaffirmation of tribal sovereignty. She underscored the compacts’ role in funding essential services for tribal communities and protecting against the potential social harms of expanded gambling.
Quotes:
“Washington tribes are sovereign nations,” George stated. “The gaming compacts are carefully negotiated, government-to-government agreements that are fully valid and legally binding.”
While the Ninth Circuit’s decision marks a significant victory for tribal governments, Maverick Gaming has signaled its intention to continue challenging the compacts and tribal gaming regulations. Tribal leaders, however, remain committed to defending their sovereignty and the Indian Gaming Regulatory Act, ensuring the sustainability of their gaming enterprises and communities.
