The Tohono O’odham Nation has won another court battle related to its newly opened casino in Glendale, Arizona. The Ninth US Circuit Court of Appeals ruled on Tuesday in the tribe’s favor in a lawsuit appeal against the launch of the said casino, stating that it has the legal right to operate Class III gaming options.
Desert Diamond West Valley Casino and Resort has faced numerous challenges prior to and after it opened doors in December 2015. The latest one came from Arizona, the Salt River Pima Maricopa Indian Community, and the Gila River Indian Community. All three parties claimed that by launching the gambling venue, the Tohono O’odham Nation has violated a 2002 tribal gaming compact.
Opponents of the casino managed to limit the gambling offering at the venue upon opening. At present, it operates as a Class II facility. The Ninth US Circuit Court of Appeals ruled on Tuesday that the tribe can offer Class III gaming options at the casino, that is, it can feature traditional casino games such as slots and table games.
According to the state and the above-mentioned two Indian nations, the Tohono O’odham has violated the 2002 pact as the land the gambling venue was built on was not part of the original tribal property. Under the Tuesday ruling, however, the launch of the gaming facility cannot be considered violation of the compact as it was established on land that had been taken into trust.
Commenting on the latest court victory, Edward Manuel, Chairman of the Tohono O’odham, said that the Ninth US Circuit Court of Appeals ruling was reaffirmation of the fact that the tribe had complied with the National Indian Gaming Regulatory Act and that their casino did not violate the 2002 compact in any way.
Following Tuesday’s happenings, the Tohono O’odham tribe did not provide any timetable for the addition of table games and slot machines at the Glendale casino.
Both the Salt River Pima Maricopa Indian Community and the Gila River Indian Community said that the court’s decision was disappointing. However, it is still unclear whether the two tribes or the state would appeal the ruling to the US Supreme Court.
