More Tribal Resistance Emerges as Maine Introduces iGaming
The Wabanaki Nations have formally entered a legal dispute over Maine's new internet gambling framework. A state judge approved their motion to intervene one day after it was filed.
The case stems from a lawsuit filed in January by Oxford Casino, which challenges a law granting tribal nations exclusive rights to operate online casino games. The casino argues the arrangement creates what it describes as a race-based monopoly.
Related: Public Resistance Grows as Maine Weighs Online Casino BillThe legislation was allowed to pass into law on January 8 after Gov. Janet Mills declined to sign it, despite reservations and agency opposition. The measure positions Maine to potentially become the eighth state to legalize iGaming.
All four tribes, the Houlton Band of Maliseet Indians, the Mi'kmaq Nation, the Passamaquoddy Tribe and the Penobscot Nation, have aligned in defense of the law. Their filing outlines both economic stakes and broader governance concerns tied to the outcome. Tribal leaders emphasized that gaming revenue would support essential public services delivered to both tribal and nontribal communities. These include healthcare, housing support, employment initiatives, and infrastructure development.
The tribes operate under a distinct legal structure shaped by the 1980 Maine Indian Land Claims Settlement Act. That framework excludes them from benefits extended to most federally recognized tribes, including access to the Indian Gaming Regulatory Act.
As a result, they have historically been barred from participating in the broader US tribal gaming industry. Recent legislation, including the 2023 law granting exclusive online sports betting rights, marked a shift in that longstanding restriction.
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Attempting to Weaken Tribal Sovereignty
Oxford Casino, owned by Churchill Downs Inc., maintains that the law violates equal protection clauses in both state and federal constitutions. Its legal argument centers on claims that the state has improperly favored tribal entities.
Tribal attorneys counter that such classifications are based on political sovereignty rather than race. They warn that accepting the casino's argument could destabilize existing legal interpretations governing tribal authority nationwide.
The dispute presents a legal conundrum with implications beyond Maine's borders. Tribal representatives argue that weakening these distinctions could affect numerous laws tied to sovereign status. They also point to established precedent affirming the political classification of tribal nations. The outcome may shape how states balance commercial gaming interests with tribal governance rights in emerging digital markets.
Statements submitted to the court highlight the financial impetus behind the tribes' position. Leaders argue that gaming revenue would reduce reliance on federal funding while expanding services for their communities.
Legal counsel for the tribes also framed the lawsuit as a challenge to long-standing tribal-state partnerships. The case is expected to proceed with both sides preparing arguments on constitutional interpretation and regulatory authority.
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