The Alabama-Coushatta Tribe is promising a fight to keep its gaming facility in Texas up and running after a loss in court. The tribe opened Naskila Gaming in 2016 after a 14-year absence from the casino industry. The state quickly countered with a lawsuit that said the facility was illegal. A federal judge has agreed with that premise. In a decision on Tuesday, Magistrate Keith Giblin said the tribe agreed to a ban on gaming when it was restored to federal recognition in 1987. 'Until Congress can be persuaded to amend or repeal the Restoration Act, the court is obligated to abide by the plain language of the statute and the tribe must conform to the gaming laws and regulations of Texas as provided by the Restoration Act,' Giblin wrote, referring to the Alabama-Coushatta Restoration Act. Immediately following the decision, the tribe filed a motion to stay the decision pending an appeal. The tribe followed up on Wednesday by filing a notice of appeal with the 5th Circuit Court of Appeals. 'The Alabama-Coushatta Tribe remains confident in its legal position and has already filed a Notice of Appeal,' Chairperson Jo Ann Battise said in a statement to The Beaumont Enterprise. 'The Tribe has also filed a Motion with the Court requesting the ability to stay open pending the appeal process in order to protect the 330 jobs that the Tribe provides as the third largest employer in Polk County.' The tribe previously lost an appeal in the 5th Circuit after it was forced to shut down an early gaming facility. The gaming prohibition in the Restoration Act was affirmed. But the landscape changed when the National Indian Gaming Commission, a federal agency, said Congress 'impliedly repealed' the 1987 Restoration Act when it passed the Indian Gaming Regulatory Act in 1988. The tribe subsequently opened Naskila, which only offers Class II games, such as bingo and electronic versions of bingo. Bingo is legal in Texas. The earlier casino, in contrast, offered Class III games like slot machines. Texas law prohibits slot machines and the state has refused to enter into a compact with the tribe for such games. Judge Giblin, however, did not address that distinction because he said it was 'unnecessary' to do so. The prohibition in the Restoration Act applies to 'all gaming under Texas law, whether Class II or Class III.' The ruling appears to run contrary to one in a similar case from Massachusetts. The 1st Circuit Court of Appeals concluded that IGRA repealed an act of Congress that placed the Aquinnah Wampanoag Tribe under state law. Last month, the U.S. Supreme Court refused to overturn the ruling, solidifying the tribe's victory. But there is no guarantee that the 5th Circuit will change course and adopt a precedent like the one from the 1st Circuit. And even if there is a disagreement between the circuits, there is no guarantee the Supreme Court will want to resolve it. Turtle Talk has posted documents from the case, State of Texas v. Alabama-Coushatta Tribe Read More on the Story:

Nestled deep in the Big Thicket of East Texas lies Texas' oldest Reservation, home of the Alabama-Coushatta Tribe of Texas. Its location is on a 4,600 acres of virgin timberland called home by some 5. Find 12 listings related to Alabama Coushatta in Livingston on YP.com. See reviews, photos, directions, phone numbers and more for Alabama Coushatta locations in Livingston, TX. Located an hour and a half north of Houston in the Big Thicket, the Alabama-Coushatta Tribe is the oldest Indian reservation in Texas. Our rich history and beautiful enclave are what tribal citizens and tourists alike love about our nation. Visit us to experience the natural beauty of the Alabama-Coushatta Tribe of Texas.

Ruling could close popular bingo hall near Woodville (The Beaumont Enterprise February 7, 2018) Alabama-Coushatta Tribe back in court to defend modest casino (May 11, 2017)
Alabama-Coushatta Tribe faces legal fight over modest casino (October 25, 2016)
Alabama-Coushatta Tribe shares economic impact of new casino (September 19, 2016)
Alabama-Coushatta Tribe back in court to defend gaming rights (August 17, 2016)

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Dianna Wray

The Alabama-Coushatta's Naskila Entertainment Center has been up and running since the beginning of June without a word of reproach from the state authorities. However, a recent decision from a federal judge in Texas could open the door to new legal problems for the Alabama-Coushatta, despite the fact that the ruling has nothing directly to do with their tribe.

The tribe has been fighting to reopen its casino, located on the reservation just outside of Livingston, ever since the state forced them to close back in 2001. The state has maintained the tribe is bound to follow state gaming laws while tribal members insist they are governed by federal law and thus allowed to have gaming on reservation lands. Ultimately, the Fifth Circuit Court of Appeals sided with Texas and that was the end of the story for more than 14 years.

Last fall the Alabama-Coushatta finally had some success when the Department of the Interior and the National Indian Gaming Association decided the Alabama-Coushatta (along with the Tigua located on a reservation near El Paso) have the right to offer bingo and electronic bingo on their reservation.

When the state didn't respond to the National Indian Gaming Association pronouncement, the tribe assumed Texas officials had accepted the decision and went about getting the casino ready to open its doors after more than a decade. The Naskila Entertainment Center opened on June 2.

However, at about the same time U.S. District Judge Kathleen Cardone ruled against the Tigua tribe's request to drop a court ordered injunction against gaming on the Tigua reservation, disregarding the decision by the National Indian Gaming Commission last fall.

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Cardone's ruling doesn't acknowledge the National Indian Gaming Association decision that the Alabama-Coushatta are using as the legal reason they can reopen. On top of that, her decision lines up with the legal stance taken by the Texas Attorney General's Office that tribes can't have reservation casinos in Texas. Even though the Alabama-Coushatta aren't named in the lawsuit or directly affected by Cardone's decision, state officials could still try and use the federal court decision to try and close the newly reopened casino in Livingston, according to World Casino News.

The thing is, the tribe has been waiting for this casino for more than a decade and right now there are more than 300 gleaming new bingo machines waiting for players to try their luck inside the Naskila Entertainment Center. Employees are due to start collecting their first paychecks and the entire reservation is buzzing with new energy, as we've previously reported. It's hard to imagine they'd just close their doors and let the casino go dark again.

We've asked Attorney Gen. Ken Paxton's Office if he'll be weighing in on the Alabama-Coushatta reopening. Spokeswoman Teresa Farfan stated via email that his office would 'not be issuing a comment or statement on this matter.'

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Alabama Coushatta Casino Livingston Tx