- Details
- By Chez Oxendine
- Gaming
A Minnesota casino operator will move forward with new electronic table games after the state’s high court left in place a ruling that sided against the Shakopee Mdewakanton Sioux Community, which argued the expansion crossed into gaming activity reserved for tribes.
A split decision by the Minnesota Supreme Court will allow Running Aces Casino, Hotel & Racetrack to build out more offerings despite a ruling that the tribe had standing to challenge the expansion.
The case stems from a 2023 decision by the Minnesota Racing Commission, which approved an amended plan of operation for Running Aces’ card club. The amendment allowed the racetrack to add one dealer table and 11 player stations using electronic table game technology. The tribe argued that the approval effectively authorized gambling devices or video games of chance, which state law limits to tribes operating under tribal‑state compacts.
Running Aces and the Racing Commission countered that the electronic tables did not qualify as gambling devices under state law. They also argued that the tribe was not harmed by the approval and therefore lacked standing to challenge it.
The Supreme Court disagreed on that point. The justices found that the community’s compact with the state gives it exclusive rights to operate certain types of gambling machines, and that the Racing Commission’s approval could affect those rights.
“The (tribe) has alleged a concrete and particularized invasion of its legally protected right to operate video games of chance and other gambling devices,” the court wrote.
However, the justices split evenly on the tribe’s broader challenge to the Racing Commission’s decision. Because the court was divided, it did not issue a new ruling. Instead, the Minnesota Court of Appeals decision upholding the Racing Commission’s approval remains in place.
The appellate court previously found that the electronic tables were not gambling devices, that the agency did not rely on an unapproved rule and that the updated floor plan did not exceed the state’s 80‑table limit for card clubs.
With the Supreme Court’s deadlock, Running Aces can continue implementing the amended plan approved in 2023.
