Kansas Attorney General Derek Schmidt, together with the Board of Cherokee County Commissioners, filed a preliminary injunction to federal court against the Quapaw Tribe on Thursday, April 16.
The state’s Attorney General calls for the tribe to be temporarily prevented from expanding Oklahoma-based Downstream Casino in Kansas. He pointed out that if the Quapaws are given the nod to proceed with their plan, the state will imminently suffer from this.
According to the injunction, the tribe has already moved in the construction equipment needed for the purpose.
Last year, the Quapaws were granted land in the southeastern part of Kansas. Thus, the tribe became the first one to own land in two different states.
Originally, it was planning to build a parking lot in Kansas. The National Indian Gaming Commission, however, reviewed the tribe’s application in December 2014 and allowed it to build a casino on the site.
Kansas officials claim that the Quapaws have misled both the state and the Bureau of Indian Affairs by changing their initial plan.
John Berrey, Chairman of the Quapaw Tribe, commented that it was not their intention to lie to anyone and that he believes the state’s motives are racist and dubious. He also pointed out that Gov. Sam Brownback had asked him to have their application reviewed by the National Indian Gaming Commission.
As previously reported, Kansas officials are currently considering applications for a casino in the southeastern part of the state. It, however, might not be able to deal with the competition coming from the Quapaw-owned venue.
Mr. Berrey pointed out that their primary goal is to help Cherokee County’s economy. He also explained that the equipment on their Kansas land is to be used for carpet replacement. Furthermore, the tribe has not decided yet when the construction is to commence. This is why Mr. Berrey said that the state’s injunction is “against nothing.”
According to the Quapaw Tribe Chairman, being owners of the above-mention portion of land and “a sovereign nation”, gives them the right to change their minds about what they are going to use the site for.
Mr. Berrey also responded to the accusations that his tribe is not paying any taxes to Kansas, saying that, in fact, they annually contribute $250,000 to both the state and the Cherokee County.
Shortly after the injunction was filed, tribal officials pulled out of their partnership with the developers of one of the proposed Kansas-owned casinos.
