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Here’s our monthly roundup of tribal gaming coverage, including casino expansions, partnerships, executive changes and and other news. 

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This month, the Southern Ute Indian Tribe sues Colorado over online sports betting regulations, while the Timbisha Shoshone Tribe secures 20 acres for a new casino. Tribal gaming hits record revenues of $41.9 billion in 2023. Microsoft partners with Kinectify for enhanced data storage, and notable executive changes at Navajo Nation Gaming Enterprise, Gun Lake Casino, and Meskwaki Bingo Casino Hotel.

Tribe sues Colorado over online sports betting, citing recent SCOTUS decision

The Southern Ute Indian Tribe is suing Colorado Gov. Jared Polis and state gaming officials over the way they’ve handled online sports betting. The lawsuit, filed in federal court, invokes the recent Supreme Court decision in the Flagler v. Haaland sports-betting case by citing it as a precedent that supports the tribe’s position.  

Per a report by Colorado Public Radio, Southern Ute Chairman Melvin J. Baker said the administration “refused to honor express commitments made to the Tribe.” 

At issue is a 10% sports betting tax levied against other gaming companies in the state. The tax was included in 2019, when Colorado added sports betting to a list of legal gambling activities. The Southern Ute-Colorado gaming compact allows the tribe to offer any gaming activities through their enterprises that are legal elsewhere in the state. 

With that in mind, the tribe spun up a sportsbook — and was met with immediate resistance, per a legal complaint, since the 10% tax didn’t apply to them. (Thanks, Turtle Talk.) State officials “waited until the last minute” to insist the Southern Ute’s sportsbook would fall under state regulation, not federal regulation, per the complaint. As such, they would be subject to the 10% tax. 

Southern Ute’s sportsbook closed in July 2023 after an embattled three years, per Colorado Public Radio’s report. The legal complaint asks for the sportsbook’s legality as a sovereign operation to be examined and confirmed by a federal district court, and for an injunction against further state interference. 

Notably, Colorado has argued that sports or mobile betting taking place off-reservation would fall under state legislation. Last month, the Supreme Court declined to hear West Flagler Associates v. Haaland, leaving in place a ruling that as long as betting servers were on tribal lands, bets were considered on-reservation. With that ruling in hand, the Southern Ute launched their lawsuit, per the complaint. 

“Litigation is not something we like to do,” Baker said. “We like to resolve our differences amicably. We have spent years trying to do so, but here we have no choice.”

Timbisha Shoshone Tribe get 20 acres taken into trust for casino

The Bureau of Indian Affairs has agreed to take 20 acres of land in Inyokern, Calif. into trust for the benefit of the Timbisha Shoshone Tribe. The land will be used to develop a tribal casino, per a report from trade publication Casino.org. The tribe plans to build a 20,000-square-foot casino with a 10,000-sq-ft gaming floor and three story hotel. 

The approval comes after nearly a decade of legal battles between the nearby city of Ridgecrest, the BIA, and the Timbisha Shoshone. The Ridgecrest City Council agreed to sell the tribe the plot in 2016, but project delays saw the deal stagnate. The agreement disintegrated by 2018 due to “division in the community” around how the casino would impact water resources, per Casino.org’s report. 

The tribe laid some of the blame for those project delays at the feet of the BIA, which didn’t approve the project until September 2018 (and apparently didn’t notify the tribe of such until 2019, after the tribe sued over the delays.) The tribe and city settled their disagreement in 2020, and the tribe has since purchased the Inyokern property for use in their casino plans.

NOTEWORTHY

The National Indian Gaming Commission announced tribal gaming broke records in 2023, pulling in $41.9 billion in revenues. Per a Tribal Business News report, acting NIGC chairwoman Sharon M. Avery called the data “proof of a strong regulatory framework combined with a diversity of tribal gaming operations.” Avery said tribal leadership and operators have “consistently shown their ability to innovate and adapt, ensuring tribal gaming remains a cornerstone of economic sustainability in Indian Country,” Avery said. The organization’s annual report attributed the growth to a willingness to embrace technological advancements and adapt to consumer preferences. 

Technology giant Microsoft has partnered with gaming technology firm Kinectify to develop data storage specifically for sovereign nations’ gaming operations. Typically, tribal operations avoid using cloud services like Microsoft Azure, which hosts huge amounts of data somewhere off-site. Per a report by betting trade publication SBC Americas, this obstructs access to a wide range of applications that rely on Azure. The partnership between Kinectify and Microsoft has produced Microsoft Cloud for Sovereignty, a cloud program with “enhanced control” over data encryption and access through Kinectify’s risk management technology. The platform should allow tribes to utilize cloud technologies like Microsoft’s Azure platform while still retaining full control over what data is shared where, per a Kinectify statement.

GAMING PEOPLE

 John James has stepped into the role of CEO for the Navajo Nation Gaming Enterprise. James comes to the role from “two decades of gaming and hospitality experience,” including CEO positions at River Rock Gaming Authority, Soboba Casino Resort, and Gila River Gaming Enterprises, per an Indian Gaming report. “Our industry is transforming rapidly and there is tremendous opportunity for Navajo Gaming to capitalize on opportunities, elevate guest experiences and solidify our reputation as exceptional destinations where memories are made,”James said. 

Gun Lake Casino, the gaming enterprise for the Match-e-be-nash-she-wish Band of Pottawatomi Indians of Michigan, promoted Jill VanderZand to Director of Human Resources for the resort, per a report by Indian Gaming. VanderZand has been with the property for five years, formerly as a recruiting manager and human resources manager. 

Kurt Schmidt has taken over as CFO for the Meskwaki Bingo Casino Hotel, the gaming operation for the Meskwaki Nation in Iowa. Schmidt brings experience working with tribal gaming organizations throughout the country, per Indian Gaming. “I look forward to making a positive contribution to build upon the past legacy of incredible success and help position Meskwaki Bingo Casino Hotel to move forward in a highly competitive market,” said Schmidt.

The American Gaming Association (AGA) has announced the Gaming Hall of Fame Class of 2024, honoring three leaders for their significant contributions to the industry. Among the inductees is Jim Allen, Chairman of Hard Rock International and CEO of Seminole Gaming. Allen has over 44 years in the gaming and hospitality industry. He oversees Seminole Gaming's operations and led the Seminole Tribe’s acquisition of Hard Rock International in 2007. Allen has expanded the company's entertainment offerings, including sports and sports betting.

If you have news or information about Indian gaming, expansions, developments,or emerging stories, shoot me a note at [email protected].

About The Author
Chez Oxendine
Staff Writer
Chez Oxendine (Lumbee-Cheraw) is a staff writer for Tribal Business News. Based in Oklahoma, he focuses on broadband, Indigenous entrepreneurs, and federal policy. His journalism has been featured in Native News Online, Fort Gibson Times, Muskogee Phoenix, Baconian Magazine, and Oklahoma Magazine, among others.
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