Oklahoma high court: Governor overstepped with tribal deal
Law Reviews
Oklahoma Gov. Kevin Stitt overstepped his authority when he reached a casino gambling agreement with two Native American tribes, the state Supreme Court ruled Tuesday.
In a 7-1 decision, the high court determined the compacts Stitt signed with the Comanche Nation and Otoe-Missouria Tribes are “invalid under Oklahoma law.”
The deals would have allowed the two tribes to offer wagering on sporting events and house-banked card and table games. The compacts also would have allowed the tribes to construct new casinos closer to larger population centers, and would have given the state a larger share of casino revenues from those new casinos. The U.S. Department of the Interior gave tacit approval to the compacts in June following the expiration of a 45-day review period.
But because wagering on sporting events and house-banked card and table games haven’t been authorized by the Legislature, any revenue from such games is prohibited, the court ruled.
“The court must, therefore, conclude Governor Stitt exceeded his authority in entering into the tribal gaming compacts with the Comanche Nation and Otoe-Missouria Tribes that included Class III gaming prohibited by the State-Tribal Gaming Act," the court wrote.
Otoe-Missouria Tribe Chairman John R. Shotton said in a statement that the Oklahoma Supreme Court doesn't have the jurisdiction to invalidate the tribe's compact.
“We have said all along we do not plan to offer house-banked card and table games and event wagering until they are authorized by state law," Shotton added. “Indeed, this condition was part of the compact, and it was unfortunately overlooked by the court."
Stitt said the court's decision, along with a recent U.S. Supreme Court ruling that determined much of eastern Oklahoma remains an American Indian reservation, leaves much work to be done with the tribes.
Related listings
-
Roberts a pivotal vote in the Supreme Court's big opinions
Law Reviews 07/02/2020The biggest cases of the Supreme Court term so far have a surprising common thread. On a court with five Republican appointees, the liberal justices have been in the majority in rulings that make workplace discrimination against gay and transgender p...
-
Netanyahu heads to court as 1st sitting Israeli PM on trial
Law Reviews 05/24/2020Israeli Prime Minister Benjamin Netanyahu is lashing out at Israel’s justice system, saying his trial on corruption charges is an attempt to “depose” him. Prime Minister Benjamin spoke Sunday as he arrived at a Jerusalem courthouse ...
-
Court issues temporary restraining order on Gov. Kelly's order
Law Reviews 04/19/2020A federal judge issued a limited temporary restraining order on Governor Kelly's order banning religious gatherings of ten or more people. The ruling was made by Judge John W. Broomes Saturday evening.Kelly responded, saying, "This is not about relig...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.