Oklahoma Governor Stitt Says Tribal Operations Illegal After Jan 1, Chickasaw Threatens Legal Action
Posted on: December 6, 2019, 06:12h.
Last updated on: December 9, 2019, 03:16h.
Oklahoma’s tribal casino compact negotiations could be heading for court after Governor Kevin Stitt said operators would be breaking the law if they continue to offer class III gaming beyond January 1, 2020.
Tulsa World reports that, on Thursday, Stitt questioned how the tribes could operate beyond that date without a legal contract.
Earlier in the week, the Chickasaw Nation, Oklahoma’s largest gaming operator, complained to the US Department of the Interior that Stitt’s actions represented an “intolerable risk” to the tribe and reserved the right to take legal action against the state.
Talks Collapse
The word from the tribes is that negotiations stalled within hours of getting underway in late October, after the state immediately demanded arbitration and the tribes immediately refused.
Their position is that their compacts, signed in 2004 by 35 of the state’s 38 federally recognized tribes, were expected to roll over on their January 1 expiration.
That claim is backed up by former governor Brad Henry, who negotiated the original model compact with the tribes. He said in October that his administration wanted the tribes to be tied to the agreement beyond the first term.
The model compact states the agreement will renew if “licensees or others are authorized to conduct electronic gaming in any form other than parimutuel wagering on live horse racing.”
In October, the Oklahoma Horse Racing Commission approved all horse track gaming and racing license applications for calendar year 2020, which includes electronic gaming. The tribes’ lawyers argue that this demonstrates, in clear language, that the law is on their side.
Cash Squeeze
Nevertheless, Stitt is determined to squeeze more money out of a tribal casino market that is the second-wealthiest in the US. Last year, the tribes contributed $138.6 million to state coffers on revenues of $2.3 billion.
“The truth is on our side,” Stitt claimed Thursday. “I feel so confident that Oklahomans can see right through a certain industry, the casino industry, saying, ‘These go on forever.’ That can’t be true.”
The state’s share of gross gaming revenue (GGR) from slots and other electronic games starts at 4 percent and rises to 6 percent when an operator’s GGR exceeds $20 million. For table games, including craps and roulette, it’s ten percent.
Stitt has claimed that Oklahoma tribes pay the lowest revenue-share percentages in America — a dubious assertion when you consider that Arizona-based tribes pay between one and eight percent and in Minnesota they pay nothing.
Law and Logic
The tribes have said they are prepared to negotiate, but only if they receive something in return. Stitt has said he wants 25 percent of class III gaming revenues, which includes slots and table games. But it’s unclear what the state is bringing to the table in return.
The fact is our compacts renew and that our gaming will be as lawful in January 2020 as it is in December 2019,” Stephen Greetham, senior counsel for the Chickasaw Nation, told Tulsa World. “Governor Stitt’s position is not supported by law, logic, or the compact’s plain language.
“Those are the terms the state offered to us 15 years ago, and it is beyond untenable for it to arbitrarily and at the 11th hour suddenly say it didn’t mean what it said,” he added. “Oklahoma is better than that, and the state-tribal relationship deserves better than that.”
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Last Comments ( 19 )
We should have elected Mick Cornett. He knows how to work well with others. Stitt needs to quit trying to bully and threaten the tribes, and honor the agreements that were made. If he wanted more, maybe he should have asked, instead of told!
Do the people of the Native Nations not know that a corporation named STATE OF OKLAHOMA has no jurisdiction in or over a sovereign nation? We all need to study sovereignty as a people and a nation and learn to mind our businesses and rule our own nations. I AM THAT I AM, Marcus-Loring, a spiritual being having a human experience and a living man, in whom the flesh lives and the blood flows, standing upon the land of my ancestors who discovered Columbus lost upon our shores over 500 years ago. I hereby declare and give notice of error. I am not an Indian because Columbus did not arrive in India. Nor am I properly identified as DELAHOUSSAYE, MARCUS LOVING which was created by and is a corporate franchise of THE STATE OF LOUISIANA, which is a corporate franchise of the DISTRICT OF COLUMBIA. I was biologically created by my biological father and mother who gave me a proper name with proper capitalization. My nativity is upon the land of my ancestors who were here for millenniums before we discovered Columbus lost upon our shores. I am also Cajun and a descendent of French travellers who arrived in the Canadian Maritimes in 1604 and I am not aware of any evidence as proof that I was born in or that I am a citizen of the DISTRICT OF COLUMBIA also known as the UNITED STATES. I was born as an American State National pursuant to 8 U.S.C. 1101(a)(21) which is my private legal, lawful, political, birthright status. I was born as and I remain an American State National and my birthright heritage and allegiance is to my family, tribe, State and to My Creator also known as My Father in Heaven, who shall be my sole judge. I am appointed in original, superior jurisdiction as a beneficiary of the Divine Trust published and constructed by trust indenture and found in the Book of Genesis 1:26-2:25. I have been given dominion over all things, to protect and name, made by Our Creator which includes the land, air and water and all man-made government corporations and it's agents who are hired and paid by “We the People” to provide government services. I am about My Spiritual Father's business and as a Son of the Great Spirit also known as Our Creator, I am led by the spirit. In that status, capacity, position and jurisdiction my mandate is clearly defined in Joshua 1:5-9, Isaiah 6:1 and Romans 8:14-39. And all creation eagerly awaits the revealing of the Sons of God, for all creation shall be set free from corruption into the glorious liberty of the Sons of God. PUBLIC SERVANTS obey your sovereign masters.
State of Oklahoma started putting an extra 5% tax on jackpot winners as of 2018. What more do they want!!
Does the governor not realize that tribes also build roads, pump money into school programs that would not be available otherwise and provide thousands of jobs for natives and non-natives. It appears he wants to be a one term wonder.
It’s their land!!!!!!! Why do they share at ALL??!!??!! That governor looks like a money grabbing liberal communist who wants to control EVERYTHING!
Greed so ugly we pay the lowest but yet we still pay being that we are on OKLAHOMA INDIAN TERRITORY and the number of millions does not include the amount of donations tribes give to local communities such as libraries, fire stations, parks, that are also used and service by non tribal members even with employment they hire non tribal members at times, what happen to the lottery money that was promised to go to education that some went into financial debt to teach adolescent kids for low pay but in our day and age no pay...instead paying and walk outs occur they grant epic schooling pretty much home schooling great idea when u back out on agreement...the Govna need to go Stitt down
we pay the lowest being its OUR land and we are on OKLAHOMA INDIAN TERRITORY , should be happy that we pay at all, we already contributed millions which in fact that number is not including of donations tribes give to local communities such as libraries, fire stations, parks, places that are open to the public not only for tribal members..Greeds ugly and he should address the lottery money that was supposed to go to education budgets so teachers wouldnt have to protests and walk outs ..instead of paying they do epic charter school so parents can practically home school their kids not a bad idea if you dont want to come off the money that was promised or in the original plan..Dear Govna..go stitt down
They should leave it alone. As stated before, the government, is trying to get one over on the Native Americans. We have wised up to your backstabbing ploys. Leave us alone for once. Everyone benefits from the casino moneys.
All the Oklahoma governors are trying to be like Hitler whole stole all the gold from the Jews n killed them. Closing the casinos are about the same. Killing off the livelihood of casino workers, but not bothering the white oil refineries. Think about it. I did.
Gov Stitt you are limiting your effectiveness and your time in office when you pursue your own bad logic instead of the will of those you represent. We are taxed to the hilt and something in our lives teeters on rebellion because of it. Not only are you asking for a much greater portion of our work, you take the very incentives we have of going to the casino. Do you really think we will support you in this? This is enough to stop us from patronizing the casinos. It isn't for entertainment that I go, no, I can get that from phone apps. I go to win, not to pour the money into taxes that are not being handled by good stewards of our resources. Get this Stitt, we are the voters, you work for us.
Why don't tribes ask to audit the State? Where is the money going because it's obvious it's not going to our childrens education Native or Not that is where the money is suppose to be going. We are not a State where our Casino's make a million dollars a day. My tribe is struggling and we get doubled taxed our childrens money get's tripled taxed by the State of Oklahoma. With all the revenue from marijuana sales the State needs to leave the tribes alone.
Nothing has changed. Just like the government has always done. Make a deal with the tribes then break it. Why do u think natives say white man speaks with a forked tongue. Politicians are just over paid crooks anyway. Hey governer lets think about cutting y'alls over paid selves then put that money towards Oklahoma. Just one time lets see a signed deal to the natives stand. Y'all talk so much about people just wanting hand outs but the government is the same way. Gimme, gimme,gimme.
Agreements need to be honored.
No. No. No. I say that the state has a compact... Soo honor the agreement. It's just another example of trying to screw us again. I vote no
Why doesn’t Stitt repeal the lowering of taxes Fallin allowed for the oil industry.