Litigation | Openings & Closings

MOWA Band of Choctaw Indians back in court in gaming case

Friday, August 14, 2015

Framon Weaver, the chief the MOWA Band of Choctaw Indians in Alabama. Photo from NMAI

The MOWA Band of Choctaw Indians will be back in court today as part of a gaming dispute with the state of Alabama.

The tribe opened the Choctaw Entertainment Center on its reservation in 2013. State authorities shut it down in November of that year, saying it was an illegal gambling operation.

Authorities 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.

In a March 30 decision, Judge Callie V. S. Granade said the MOWA Choctaws can't claim any rights under the Indian Gaming Regulatory Act. Congress intended the law to apply to federally-recognized tribes, she determined. The MOWA Choctaws lack federal status.

The case is back in state court but the tribe is claiming immunity under state law, The Mobile Register reported. "State law is clear; they're an Indian tribe," attorney Sam Hill told the paper.

The state is seeking to demolish the machines that were seized from the facility.

Get the Story:
Gambling machines seized from MOWA Choctaw property still in legal limbo (AL.Com 8/13)