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JULY 18, 2000

The Prairie Island Indian Community of Minnesota is suing the US Department of Interior and Interior Secretary Bruce Babbitt over a proposed casino in Hudson, Wisconsin.

The lawsuit, filed in US District Court in Minneapolis, Minnesota, alleges Babbitt is breaking the law by not restricting the ability of tribes like the Prairie Island to comment on the proposal.

"How many times will we have to live with the federal government's broken promises to Indian Country?" asks Council President Audrey Kohnen.

Specifically, the tribe says Babbitt is overriding the Indian Gaming Regulatory Act (IGRA) of 1988. The tribe believes a 1999 agreement between the Interior and three Wisconsin tribes violates IGRA by not allowing the Department to consult with them.

The Prairie Island lawsuit is yet another in a long line of challenges to the casino. The casino, a joint effort of the Lac Courte Oreilles, Red Cliff and Sokagoan Mole Lake Ojibwe bands of Wisconsin, has come under fire by various tribes and local municipalities and was initially denied by the Interior in 1995.

Amidst allegations of impropriety regarding political contributions and a pending lawsuit against the Department, the Interior eventually settled out of court with the three tribes. In 1999, the Settlement Agreement was accepted, which calls for the Interior to consider only the facts on record as of July 1995 and to accept further written documentation addressing environmental concerns that fall under the National Environmental Policy Act.

More recently, the tribes also came to an agreement with the city of Hudson. In May, the city agreed to drop all appearances of objection to the project and write letters to the Bureau of Indian Affairs and Governor Tommy Thompson clarifying their position.

Additionally, leaders of 18 municipalities near Hudson have tentatively agreed to their proposal. The tribes have offered them $25 million over nine years in exchange for their support.

The tribes also have a legal victory in their favor which may affect the Prairie Island lawsuit. In June, the Seventh Circuit Court of Appeals ruled that the St. Croix Ojibwe of Wisconsin, who specifically cited the Settlement Agreement, could not interfere in the Hudson casino proposal.

The tribes, however, still face a major hurdle with the Governor Thompson. When presented with a petition opposing the casino on July 13, Thompson said the signatures have a "great deal of impact."

Thompson said he will not approve the casino if there is significant local opposition.

Get the Decision:
Sokaogon Chippewa Community, et al. v Babbitt, et al. (7th Circuit. No. 00-1137. June 2000)

Relevant Links:
US District Court of Minnesota - www.mnd.uscourts.gov
The Department of Interior - www.doi.gov
The Bureau of Indian Affairs - www.doi.gov/bureau-indian-affairs.html