U.S. District Court Judge Sides with Native Tribe
A U.S. District Court judge has ruled in favor of a federal agency’s approval of the Chin’an Gaming Hall, a tribal casino built by the Native Village of Eklutna. It was built on the outskirts of Anchorage.
LISTEN TO THIS ARTICLE:Local Birchwood residents opposed the casino and filed a lawsuit against it. Now, this marks a win for the tribe.
The residents' concerns were that they worried about disrupting the otherwise quiet neighborhood and questioned the tribe's federally recognized status.
Judge Upholds Federal Recognition of Eklutna Tribe
The judge in the case, Judge James L. Robart, released a 13-page decision that dismissed the plaintiffs’ claim that the Native Village of Eklutna isn’t federally recognized.
Robart mentioned a 1993 listing by the Assistant Secretary of the Interior for Indian Affairs. Back then, Eklutna was formally recognized and was eligible to receive services from the Bureau of Indian Affairs.
He also mentioned an act of Congress from 1994 that stated tribes may gain recognition through various means, including legislative, administrative, and judicial.
In sum, the tribe is federally recognized, meaning that it is entitled to tribal sovereign immunity.
Thus, the federally recognized tribe had the authority to open the Chin’an Gaming Hall on the 8-acre parcel of Native American land known as the Ondola allotment.
Additionally, Eklutna received approval from both the National Indian Gaming Commission and the Bureau of Indian Affairs.
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Tribal Leaders Celebrate; Legal Challenges May Continue
The president of the Native Village of Eklutna, Aaron Leggett, released a statement praising the decision. He referred to the decision as a “significant step forward” that confirms the tribe's identity and federally recognized status.
We are proud of the continued growth and success of the Chin’an Gaming Hall, which stands as a reflection of the Native Village of Eklutna’s resilience and vision.
Leggett also expressed hope for a stronger relationship with the local community and hoped that the casino’s benefits could be more widely distributed throughout the state of Alaska.
The plaintiff’s lead representative, Brian Holl, didn’t provide a comment. However, attorney Don Mitchell said he believes the ruling is flawed.
Mitchell has since filed a motion for reconsideration, in which he mentioned that, if denied, the plaintiffs will continue to appeal.
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