The Choctaw Entertainment Center in Mount Vernon, Alabama, was shut down by state authorities last November. Photo © WKRG
It looks like the MOWA Band of Choctaw Indians in Alabama will be headed back to state court as part of a gaming dispute. The tribe opened the Choctaw Entertainment Center on its reservation last year. State authorities shut it down in November, saying it was an illegal gambling operation. The state brought forfeiture proceedings in state court to determine the fate of 50 machines that were seized during a raid. The tribe objected, saying the dispute belonged in federal court. Magistrate Judge Sonja F. Bivins, however, is recommending that the case be sent back to state court. She noted that the tribe does not appear on the list of Indian Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs. "Because IGRA’s text unambiguously limits its scope to gaming by tribes that have obtained federal recognition, the statute does not apply to tribal groups such as the MOWA Tribe who have not obtained such recognition from the Secretary of Interior," Bivins wrote in her July 3 report, referring to the Indian Gaming Regulatory Act. The tribe and the state have until next week to respond to the report before a federal judge makes a final decision on the venue for the dispute. Get the Story:
Fate of MOWA Choctaw gaming machines pushed back into state court (The Huntsville Times 7/9) Relevant Documents:
Report and Recommendations: Alabama v. 50 Serialized JLM Games (July 3, 2014)
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