Coeur D'Alene Tribe v. State
| Decision Date | 27 January 1994 |
| Docket Number | Civ. No. 92-0437-N. |
| Citation | 842 F. Supp. 1268 |
| Parties | COEUR D'ALENE TRIBE, Kootenai Tribe of Idaho, and Nez Perce Tribe, Plaintiffs, v. STATE of Idaho, Defendant. |
| Court | U.S. District Court — District of Idaho |
Raymond C. Givens, Givens Funke & Work, Coeur d'Alene, ID, for plaintiff Coeur d'Alene Tribe.
Robert C. Huntley, Jr., Givens Pursley & Huntley, Boise, ID, Leroy W. Wilder, Hobbs Straus Dean & Wilder, Portland, OR, for plaintiff Kootenai Tribe.
Douglas Nash, Lapwai, ID, for plaintiff Nez Perce Tribe.
Larry Echohawk, Atty. Gen. State of Idaho, David G. High, Chief of Civ. Litigation, Francis P. Walker, Deputy Atty. Gen., Boise, ID, for defendant State of Idaho.
ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
Plaintiffs in the above-entitled action, the Coeur d'Alene, Nez Perce, and Kootenai Indian tribes ("the Tribes") are federally-recognized Indian tribes having tribal lands within the State of Idaho. Defendant in this matter is the State of Idaho ("the State" or "Idaho"). The Tribes and the State seek a declaratory judgment regarding their respective rights and obligations under the Indian Gaming Regulatory Act, 25 U.S.C. §§ 2701, et seq. ("IGRA"). The case has been submitted to the court for disposition on cross-motions for summary judgment. These motions have been fully briefed and a hearing was held on December 16, 1993.
Briefly, the facts of the case are as follows.1 Since 1989, Idaho has operated a state lottery as a means of raising funds for public buildings and schools. The State also licenses and regulates pari-mutuel betting on horse, mule, and dog races pursuant to state law. The present dispute between the Tribes and the State arises over the extent and types of gaming activities which the Tribes may conduct on their respective reservations. Economic conditions on the reservations are such that tribal leaders seek additional governmental revenue and employment for tribal members through Class III gaming.2
Pursuant to 25 U.S.C. § 2710(d)(3), the Coeur d'Alene Tribe asked the State on April 15, 1992, to enter into negotiations for the purpose of entering into a tribal-state compact governing Class III gaming activities on the Coeur d'Alene Reservation. The Kootenai and Nez Perce Tribes requested such negotiations with the State on June 8, 1992, and July 22, 1992, respectively. During the summer of 1992, Idaho called a special session of its legislature, enacted legislation, and drafted a proposed constitutional amendment changing Idaho law regarding gaming. The Tribes contend that these actions were taken to prevent them from conducting certain Class III gaming activities on their reservations.
Prior to 1988, Article III, Section 20 of the Idaho Constitution provided as follows: "The legislature shall not authorize any lottery or gift enterprise under any pretense or for any purpose whatever." Idaho Const. art. III, § 20 (amended 1988 and 1992). This provision was in effect until the late 1980s when certain groups within the State pushed for a change in Idaho law so that the State could operate a lottery. This movement culminated in 1988, when Idaho voters passed an amendment to Section 20. The 1988 amended version of Article III, Section 20 provided as follows:
Idaho Const. art. III, § 20 (amended 1992). This provision was again amended by the voters of Idaho in November of 1992. Thus, the provision now reads as follows:
Idaho Const. art. III, § 20(1)-(3).
The Idaho criminal statutes regarding gambling were also changed in 1992. Former Idaho Code § 18-3801 provided as follows:
18-3801. Gambling. — Every person who deals, plays or carries on, opens or causes to be opened, or who conducts, either as owner, employee, or lessee, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge et noir, rondo, Indian stick game, or any game played with cards, dice or any other device for money, checks, credit or any other representative of values, is guilty of a misdemeanor and is punishable by fine not less than $200 nor more than $1,000 or imprisonment in the county jail not less than two (2) months nor more than twelve (12) months or both such fine and imprisonment.
Idaho Code § 18-3801 (1972) (amended 1992).
Idaho Code §§ 18-3801 and -3802 now provide as follows:
Idaho Code §§ 18-3801 and 18-3802 (Supp. 1993).
After the voters passed the final amendment to Article III, Section 20 on November 3, 1992, the Nez Perce Tribe brought suit challenging that amendment on the grounds that the State failed to set forth an adequate and truthful statement of the purpose of the proposed amendment on the ballot as required under Idaho law. In a recent decision, the Idaho Supreme Court upheld the amendment, declaring that the statement of purpose placed on the ballot was sufficient and that the amendment was properly presented for voter approval on the November 3, 1992, election ballot. See Nez Perce Tribe v. Cenarrusa, No. 20281, ___ Idaho ___, 867 P.2d 911 (1993).
After numerous negotiation sessions, the Coeur d'Alene Tribe and the State entered into a partial compact in December of 1992, covering all matters which could be agreed upon. No compacts have been entered into between the State and the Kootenai and Nez Perce Tribes. The present suit was filed because negotiations between the State and all three Tribes have reached an impasse regarding Class III gaming. The Tribes have expressed their intent to engage in extensive Class III gaming activities, including casino-style gambling, which the State contends are prohibited under Idaho law and public policy. Since negotiations began, the State has taken the position that it is only required to negotiate Class III activities permitted under Idaho law. Thus, the State has agreed to negotiate only as to a lottery and pari-mutuel betting on horse, mule, and dog races.
Each of the Tribes has filed a separate complaint in the action, but they have filed a joint motion for summary judgment supported by joint memoranda. In their complaints, the Tribes claim that the State has violated IGRA by refusing to negotiate Class III games, by attempting to prevent the Tribes from conducting Class III games, by attempting to impose restrictions on Indian gaming greater than those imposed upon its own lottery and racing commissions, and by attempting to give retroactive effect to changes in state law made after the requests for negotiations were made by the Tribes. The Tribes also allege that the State cannot conduct its lottery on reservation lands without a tribal ordinance or resolution and a tribal-state compact authorizing the State to do so.
The court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1362.3 The State has consented to this suit and has waived any objection to jurisdiction based on immunity from suit under the Eleventh Amendment to the United States Constitution. In addition, the dispute between the parties arising from the negotiation of gaming compacts is an actual controversy warranting declaratory relief. See Oneida Tribe of Indians v. Wisconsin, 951 F.2d 757, 759 (7th Cir.1991).
Motions for summary judgment are governed by Rule 56 of the Federal Rules of Civil Procedure. Rule 56 provides, in pertinent part,...
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