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Tulsa, Oklahoma (AP) 8-08
An Alaska tribe has withdrawn its official appeal on a tribal gambling matter that some warned could have a devastating economic impact in Oklahoma.
David Qualls, chairman of the Oklahoma Indian Gaming Association, said the Metlakatla Indian Community’s decision to withdraw its appeal essentially killed the entire matter, the Tulsa World’s Washington bureau reported.
At issue is the whether a so-called bright line needs to be drawn between Class II gambling devices, essentially bingo and similar games, and Class III devices such as slots, which can be operated only under a tribal-state compact.
Philip Hogen, chairman of the National Indian Gaming Commission, disagreed with Qualls’ interpretation.
Hogen said his decision to reject authorization of “one-touch” electronic bingo machines, which had been appealed by the Alaska tribe, now stands as the most current action coming from the commission.
“So, as other or similar matters confront us, we will be guided by that unless or until the commission changes that or a court or Congress changes it,” he said.
Joseph Webster, an attorney for the Alaska tribe, said Hogen’s previous decision on the tribe’s proposed amendment to its gambling ordinance is not a decision by the full commission and has no impact on any other tribe.
Despite the uncertainty, the development was welcomed by U.S. Rep. Tom Cole, R-Okla., who had criticized Hogen and the commission for its approach.
“Years of litigation are not the answer,” Cole said. “Hopefully now all the interested parties can come to the table and have a discussion to approach the issue more rationally.”
Hogen says changes in technology in recent years, specifically the one-touch, fully automated games, require a legal separation. He was hoping to use the Metlakatla tribe’s request to amend its gambling ordinance to get the entire issue before a court.
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