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Judge won't stop Coeur d'Alene Tribe from offering poker game

Filed Under: Compacts | Litigation
More on: cda, idaho, immunity, poker

The Coeur d'Alene Casino Resort Hotel in Idaho. Photo from Facebook

A federal judge won't stop the Coeur d'Alene Tribe of Idaho from offering poker games but the dispute might not be over yet.

Judge Lynn Winmill said the Class III gaming compact bars Idaho from suing the tribe because the state already sent a notice of alleged non-compliance to the tribe. The letter was sent on May 1 and the compact requires a 60-day period for the parties to discuss their dispute.

"The court finds that Article 21 of the compact unambiguously prohibits the state from filing a lawsuit within the 60-day period," Winmill wrote in a nine-page decision today. "The state’s position to the contrary is unreasonable, and thus fails to create any ambiguity that would prevent the court from interpreting the compact as a matter of law."

The 60-day period ends June 30. If the dispute isn't resolved by then, either party can request binding arbitration -- however, that means the state might have to withdraw its lawsuit altogether.

"Once a party has given notice of intent to pursue binding arbitration and the notice has been sent to the non-complaining party, the matter in controversy may not be litigated in court proceedings," the compact states.

Winmill stayed the litigation and asked for an update from the parties by July 7. Meanwhile, poker games continue at the Coeur d'Alene Casino Resort Hotel.

Get the Story:
Judge Sides With Idaho Tribe On Poker Dispute (AP 6/23)

District Court Decision:
Idaho v. Coeur d'Alene Tribe (June 23, 2014)

Related Stories:
Judge holds hearing in Coeur d'Alene Tribe poker game dispute (06/04)

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