Indian Gaming > Editorial: Sovereignty and Oklahoma tribes

February 11, 2008

Editorial: Sovereignty and Oklahoma tribes

"The state Supreme Court says tribal sovereignty can't be used as a shield by a tribe that's being sued because a casino patron allegedly drove drunk.

The Absentee Shawnee Tribe and Thunderbird Entertainment Center are being sued by a woman who was injured when her car was struck by a vehicle whose driver, she contends, had earlier been drinking at the casino. She alleges casino employees served alcohol to the driver when he was clearly drunk.

But the Supreme Court, in a 7-2 ruling, said that in cases involving liability tied to alcohol sales, immunity doesn't apply. Justice Steve Taylor noted that Congress has passed laws requiring tribes to comply with state law regarding alcohol sales. The court said the tribe waived any immunity when it applied for a state alcohol license.

It'll be interesting to see how this ends up. Might tribal immunity from public smoking rules be next to fall?"

Get the Story:
Editorial: Court rejects sovereignty claim [first item] (The Oklahoman 2/9)
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