‘Invalid under Oklahoma law’
OKLAHOMA CITY — The Oklahoma state Supreme Court ruled last week that casino gambling compacts signed by Gov. Kevin Stitt with the Otoe-Missouria Tribe and Comanche Nation are invalid.
Filed by state Senate President Pro Tempore Greg Treat, R-Oklahoma City, and state Speaker of the House Charles McCall, R-Atoka, the lawsuit challenged the compacts’ legality because the legislature was not consulted prior to the inclusion of terms that are not explicitly provided for in the state’s Tribal Gaming Act. Those terms include sports betting and house-banked card games.
In the 7-1 court ruling, the justices acknowledged the separation of powers among the state’s three branches of government and held that the governor must negotiate within the bounds of existing state laws.
“The tribal gaming compacts Governor Stitt entered into with the Comanche Nation and Otoe-Missouria Tribes are invalid under Oklahoma law,” the opinion said. “The State of Oklahoma is not and cannot be legally bound by those compacts until such time as the Legislature enacts laws to allow the specific Class III gaming at issue, and in turn, allowing the Governor to negotiate additional revenue.”
The lone dissent came from Justice John Kane, who objected because neither tribe was a party to the lawsuit.
Justices Tom Colbert and James Edmondson abstained.
The compacts were deemed approved by the Department of Interior in June and published in the Federal Register about 48 hours before attorneys made their case before an Oklahoma Supreme Court referee on the matter.
A similar lawsuit is still pending regarding two compacts signed between the governor and the Kialegee Tribal Town and the United Keetoowah Band of Cherokee Indians. The court declined to consolidate that lawsuit, filed July 14, with the litigation over the Otoe-Missouria and Comanche compacts.
Through representatives, both Comanche Nation Chairman William Nelson and Otoe-Missouria Chairman John Shotton both said their tribes would not offer house-banked games or sports betting since they are not allowed under state law. Both tribal officials also said they were contemplating invoking the severability clauses in their compacts.
Late Tuesday, McCall issued a statement, thanking the court for issuing a quick ruling.
“We appreciate the court’s quick decision and look forward to all parties proceeding in a mutually beneficial manner for Oklahoma and all sovereign nations,” he said. “From the state, this was about separation of powers and the Supreme Court affirmed as much with a decisive ruling. Oklahoma and its tribal nations can move forward from this together as partners, as we have done for decades with great success.”
Oklahoma Indian Gaming Association Chairman Matthew Morgan shared that gratitude as well.
“We appreciate the speed with which the Oklahoma Supreme Court acted on the Pro Tem and Speaker’s petition in this important matter,” he said. “Today’s decision confirms what the tribes have been saying since Gov. Stitt launched his go-it-alone drive to rewrite our compacts. We believe firmly that the state-tribal relationship works best when we each act within the roles under the law.”