by Mescalero Apache Tribe | May 4, 2020 11:15 am
MESCALERO, NM.
May 4, 2020.
Late last week, United States District Court Judge Ellen S. Huvelle issued an opinion upholding the National Indian Gaming Commission’s (“NIGC’s”) determination that the Fort Sill Apache Tribe of Oklahoma was not eligible to game in New Mexico. Fort Sill is a federally recognized Indian tribe located in Oklahoma that has land at Akela Flats, near Deming, New Mexico.
The Akela Flats land was donated to Fort Sill in the late 90s. Fort Sill tried to open a small casino on the land in 2008. The casino was shut down quickly by the NIGC. The NIGC determined that Fort Sill did not qualify under any of the exceptions to the general prohibition against tribes gaming on lands acquired after 1988 in the Indian Gaming Regulatory Act (IGRA) was enacted by Congress. After many years of arguing that they should be able to game at Akela Flats, Fort Sill took the NIGC to court because the NIGC would not reverse its decision. District Court Judge Huvelle dismissed each argument made by Fort Sill. As a result, Fort Sill will not be gaming in New Mexico any time soon.
President Gabe Aguilar commented: “We have a shared history as Chiricahua Apache but they chose to stay in Oklahoma and lost their connection to New Mexico. IGRA was not intended to allow tribes like Fort Sill to game hundreds of miles away. Fort Sill promised Mescalero they would not game here.” President Aguilar continued: “It is hurtful because we respected their decision to stay in Oklahoma. We always tried to help them because they lost so much of their culture. They know that a casino at Akela Flats would hurt us and yet they do not seem to care. And – they have a casino in Oklahoma already – how fair would it be to let them game here?”
The Chiricahua Apache were taken as prisoners of war in 1886. In 1913, the Chiricahua were given a choice: stay in Oklahoma or return to their homelands. The vast majority returned to New Mexico to live on the Mescalero Apache Indian Reservation and became a part of the Mescalero Apache Tribe. The Chiricahua that remained in Oklahoma became the Fort Sill Apache Tribe of Oklahoma.
President Aguilar stated: “Fort Sill will probably appeal. But the Tribe is pleased with the court’s decision. With everything else going on…with the major economic pressures facing us given the coronavirus pandemic, Mescalero is relieved for this bit of good news.”
Source URL: https://mescaleroapachetribe.com/12160/mescalero-apache-tribe-applauds-federal-courts-decision-prohibiting-gaming-by-fort-sill-in-new-mexico/
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