Indian gaming, in the United States, gambling enterprises that are owned by federally recognized Native American tribal governments and that operate on reservation or other tribal lands. Indian gaming includes a range of business operations, from full casino facilities with slot machines and Las Vegas-style high-stakes gambling to smaller facilities offering games such as bingo, lotteries, and video poker. Because U.S. laws recognize certain forms of tribal sovereignty and self-government, native-owned casinos enjoy some immunity from direct regulation by individual states. However, tribal gaming operations must comply with the Indian Gaming Regulatory Act of 1988 and other federal laws.
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The Kickapoo Traditional Tribe in Eagle Pass has the only Texas casino authorized under a federal law giving special gaming rights to tribes. Because they don’t have that distinction, the Tigua tribe of the Ysleta del Sur Pueblo in El Paso and the Alabama-Coushatta Tribe in Livingston have faced legal challenges.
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The 11th U.S. Circuit Court of Appeals vacated a judge’s decision that dismissed the lawsuit filed by the Oklahoma-based Muscogee (Creek) Nation over the constriction of the casino in Alabama. The three-judge panel directed the trial judge to do a “claim by claim” analysis of whether officials with the Poarch Band of Creek Indians in Alabama have sovereign immunity that would prevent them from being sued.