The Quapaw Tribe of Oklahoma asked on Monday a federal judge to dismiss the suit that was filed against the tribe back in April regarding the potential expansion of its Oklahoma-based Downstream Casino into Kansas.
About two months ago, Kansas Attorney General Derek Schmidt filed a preliminary injunction to federal court against the tribe asking for it to be prevented from expanding its gambling operations in the state. The official argued that if the casino is launched in Kansas, that would have quite negative consequences for the state.
Furthermore, Mr. Schmidt said in his filing that the tribe had already moved construction equipment on the site where the potential venue is to be located. Tribal officials, however, denied this.
Mr. Schmidt also contended that the Quapaw Tribe misled both state and federal authorities in late 2011, when it applied for land in trust. Back then, tribal officials promised that the land which currently serves as a parking lot would by no means be used for the provision of gambling services. Most of the land in question is located in Oklahoma. Part of it, however, is on the territory of Kansas.
Quapaw Chairman John L. Berrey commented in April that they did not intend to mislead the state neither when they applied for the land in trust, nor when they requested a “gameability opinion” from the National Indian Gaming Commission.
Mr. Berrey said that Kansas Governor Sam Brownback asked him to get the opinion in question and that he believes it is a bit “ironic and disingenuous” for state officials to try to make tribal representatives into liars.
The motion contended that the Quapaw Tribe is sovereign and has not permitted the state to sue it, that is it has not provided a waiver of immunity. In other words, the federal court does not have the authority to rule on the matter.
The April lawsuit also named certain Downstream Casino and Quapaw Tribe officials. However, it was stated in yesterday’s motion that Kansas cannot use those officials “to support a claim that they somehow violated federal (law).”
Following the announcement about the filed motion, Jennifer Rapp, a spokesperson for the Kansas Attorney General’s office commented that the state will most definitely oppose it vigorously.
Downstream Casino is located in the town of Quapaw, Oklahoma. The venue currently features 2,000 slot machines, a number of table games, and a 14-table poker room.
