Litigation | Openings & Closings

10th Circuit won't help United Keetoowah Band with casino

Tuesday, August 27, 2013

The 10th Circuit Court of Appeals on Monday refused to help the United Keetoowah Band of Cherokee Indians in Oklahoma keep its casino open.

The tribe asked the court to stay a ruling that prevents the Bureau of Indian Affairs from placing the Keetoowah Cherokee Casino in Tahlequah in trust. But the motion was denied, giving little hope that the facility can stay open beyond Friday.

The tribe operated the casino on a 2.08-acre site for more than 20 years. As part of a settlement with the state, the tribe agreed to close the casino by August 30 unless the land was placed in trust.

The BIA was prepared to do that until the Cherokee Nation went to court. The Cherokees claim they are the only tribe with jurisdiction in the former Cherokee reservation.

Judge Gregory Frizzell granted a preliminary injunction in favor of the Cherokees on August 12. The UKBs started the appeal process with the 10th Circuit on August 22.

About 150 people will be out of work when the casino closes, The Tulsa World reported.

Get the Story:
Appeals Court upholds injunction on UKB; tribe must close casino (The Native American Times 8/27)
UKB loses casino stay request Closure of the facility appears all but inevitable (The Claremore Daily Progress 8/27)
Appeals court denies Keetoowah motion to keep casino open, facility could close Friday (The Tulsa World 8/27)

10th Circuit Decision:
Cherokee Nation v. Jewell (August 26, 2013)