The way things look
right now, the Sault Tribe (Michigan) will get to finally use their casino for
what it was intended for. After filing for an injunction from the U.S.
District Court and getting some feedback from Magistrate Judge, Timothy
Greeley, it appears the Sault Tribe is one step closer to being permitted to
move table games and slots from a temporary structure into their main casino
floor while litigation with the National Indian Gaming Commission (NIGC)
continues. Gaming activities on the casino floor could be opened to the public
as early as August.
The current
controversy all began when the NIGC ruled the tribe's Kewadin Shores Casino
sits upon two tracts of where at least one of these tracks does not qualify as
reservation land. And in order for the Sault's to conduct legal gaming
business, both tracts must be designated as reservation lands by the NIGC. The
Sault tribe, however, says their land does qualify and filed a lawsuit on
November 8, 2006 to prove it. More recently, the tribe moved for a preliminary
injunction on May 24, stating they would suffer great economic losses if they
could not conduct gaming from their casino.
According to Judge
Greeley's statements, in addition to the NIGC not providing a reasoned
explanation as to why the tribe's land was not given reservation status, the
NIGC was very tardy in responding to the tribe's request to resolve the
matter. Greeley said the NIGC's explanation was anything but uniform and
consistent. He went on to say that the tribe had presented sufficient evidence
showing the losses it has incurred as a result of not being permitted to
operate their casino.
The most telling of
all of Judge Greeley's statements was when he concurred that public interest
supports the request for an injunction to operate the casino. Greeley has
given his own recommendation to the court that if the Sault Tribe is not given
an injunction, the evidence shows they will "suffer irreparable injury".