Comanche Nation, Otoe-Missouria
OKLAHOMA CITY — Despite objections from multiple tribes, the Comanche Nation and Otoe-Missouria Tribe are officially no longer part of a federal lawsuit against Gov. Kevin Stitt over the status of the state’s gaming compacts.
In an order issued Friday, Judge Timothy DeGuisti wrote that he was granting motions to dismiss from the Otoe-Missouria Tribe and Comanche Nation, but would not rule on the legality of the compacts they signed Tuesday.
“This lawsuit mainly concerns the continued existence or effectiveness of prior tribal gaming compacts, and any new compacts that may have been made will not affect the Court’s determination,” DeGuisti wrote.
The pair were part of a multi-tribe lawsuit initiated by the Chickasaw, Cherokee and Choctaw nations seeking a declaratory judgment that the model state-tribal gaming compact automatically renewed on Dec. 31.
Seeking higher exclusivity fees from the 30-plus gaming tribes across Oklahoma, Gov. Stitt has publicly held that the compacts expired on New Year’s Eve and that any Class III electronic gaming conducted after that date is illegal. Mediation is still ongoing in that lawsuit and a gag order is in place.
The Comanche Nation and Otoe-Missouria Tribe signed compacts Tuesday that, among other provisions, allow for sports betting at two brick-and-mortar facilities, plus an online option through a state-approved third-party vendor, such as DraftKings or FanDuel.
The state’s Tribal Gaming Act does not include language to allow sports betting, thus drawing objections from Attorney General Mike Hunter and leaders of the Oklahoma legislature.
“Regarding state-tribal gaming law, the records of the legislature and the law itself clearly show that state-tribal gaming was always intended to be handled jointly, by both the executive and legislative branches of the State of Oklahoma,” Speaker of the House Charles McCall (R-Atoka) and Senate President Pro Tempore Greg Treat (R-Oklahoma City) wrote in a joint letter issued Wednesday. “On this matter and many others, the legislative branch sets the policy and the executive branch executes the policy. The policy the legislature has set at this time does not grant the executive the authority to enter into the type of agreements signed yesterday.”
Those concerns were also echoed by leaders from several other tribes, including the Anadarko-based Dela- ware Nation, which operates casinos in Hinton and Anadarko. In a press statement issued Wednesday, the tribe’s business committee thanked Hunter and chided the governor for the unilateral addition of sports betting.
“There is a system of checks and balances built into state government for a reason,” the committee wrote. “What happened yesterday was an unlawful expansion of the Executive Branch powers by Governor Stitt and an intrusion of the duties and responsibilities of the Oklahoma State Legislature. It was a sad day in Oklahoma to see our governor make a power political play in the midst of the COVID-19 pandemic. Stay in your lane, Stitt.”
The new compacts must be approved by the Department of Interior before they take effect. As per federal law, once submitted by the state, the federal government has 45 days to act on the compacts or they are automatically considered approved.
Currently, all tribal casinos across the state are closed due to COVID-19, but prior to the pandemic, they were operating normally and remitting the exclusivity fees outlined in the original compact. Gov. Stitt’s announcement Wednesday to gradually reopen businesses across the state does not extend to tribal casinos. The decision to resume operations are instead made by each individual tribe.
As of noon Saturday, the casinos operated by the Fort Sill Apache Tribe, Kiowa Tribe, Comanche Nation and Apache Tribe of Oklahoma all remain closed until further notice. Casinos operated by the Delaware Nation and Wichita and Affiliated Tribes are tentatively closed through Thursday.