Comments on Current Events In Criminal Law from the Federal Criminal Courts in Texas

March 17, 2008

Attorney General Abbott Takes Legal Action To Shut Down Illegal Casino Style Gambling - Tigua tribe operating eight-liner gambling machines in violation of Texas law

EL PASO – Texas Attorney General Greg Abbott today filed an enforcement action against the Tigua Indian tribe for conducting illegal gambling operations. In a motion for contempt of court, the state seeks to enforce a 2001 injunction prohibiting casino-style gambling at the tribe’s Speaking Rock Entertainment Center.

“The Speaking Rock Entertainment Center is conducting illegal, casino-style gambling in clear violation of state law and a federal court order,” said Attorney General Abbott. “Today’s enforcement action asks the federal court to hold the defendants in contempt for violating the law. As Attorney General, I am committed to vigorously enforcing Texas’ long-time prohibition on casino gambling.”

Today’s legal action, which enforces the State of Texas’ right to prohibit casino-style gambling, asks the U.S. District Court in El Paso to prevent the Tiguas from continuing to violate the law. The Attorney General took legal action after an undercover investigation revealed that the tribe was operating gambling machines in direct violation of Texas law and a 2001 federal court order.

According to state investigators, the Tiguas’ Speaking Rock Entertainment Center operates illegal “eight-liner” gambling devices, which are a type of slot machine. A recently-launched tribal advertising campaign includes billboards announcing “We now pay real cash.” Thus, the tribe is operating prohibited machines that rely upon prohibited payout methods. Affidavits filed with the court indicate the illegal eight-liners pay gamblers by transferring money onto a Visa card, which can be converted into cash. This is the case despite a September 21, 2001 injunction which restricts the tribe to amusement-style games that pay out prizes, toys, or novelties valued at less than $5.

When Congress passed the Restoration Act of 1987, the Tigua Indians of the Ysleta del Sur Pueblo first received formal tribal recognition from the federal government. The language of the Restoration Act, and a 1994 opinion by the U.S. Court of Appeals for the Fifth Circuit, plainly prohibit gambling on an Indian reservation if that same type of gaming is also prohibited by state law. That is, Restoration Act Indian tribes cannot conduct casino-style gambling if that type of gaming is prohibited by the state in which their reservation is located.

Prior to passage of the Restoration Act, the Tigua’s leadership pledged to Congress that the tribe had "no interest in conducting high stakes bingo or other gambling operations on its reservation and that it remain[ed] firm in its commitment to prohibit outright any gambling or bingo in any form on its reservation." Despite that promise, in February, 1996, the Tribal Council enacted a gaming ordinance that purported to authorize high stakes gambling on the reservation.

The Tiguas subsequently opened the Speaking Rock Casino, which featured numerous games not authorized by Texas law, including poker, Tigua 21 (a form of blackjack), slot machines, and keno for profit in a public place. As a result, then-Attorney General John Cornyn sought an injunction against the tribe, which was granted on September 27, 2001, when a federal court ordered the Tiguas to cease, desist, and terminate its illegal casino operations.

Today’s motion for contempt asks the Federal District Court to hold the tribe in contempt of court for operating eight-liners in violation of the September 21, 2001 permanent injunction and seeks to enjoin the following persons and parties: Ysleta del Sur Pueblo, the Tigua Gaming Agency, the Tribal Council, Tribal Governor Albert Alvidrez, Tribal Lieutenant Governor Filbert Candelaria and Gaming Commissioner Francisco Hernandez.

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