Blackfeet gaming getting regulator attention
Pub Date: 11/1/2006
Reports of poker and blackjack games being conducted at Glacier Peaks Casino, a new gaming operation operated by the Blackfeet Tribe in Browning, have filtered into Montana's Department of Justice Gambling Control Division and into U.S. Attorney William Mercer's Billings office.
The Blackfeet have no gaming compact with the state of Montana so, under the federal Indian Gaming Regulatory Act (IGRA), are legally limited to running non-house-banked Class II games, generally considered to be bingo and bingo derivatives such as the slot-like "Rocket Bingo" gaming m
achines.
Recent news stories, customer comments and even advertising for the casino have indicated games such as slot machines, craps, roulette and baccarat are or were being conducted at the casino. These games are not allowed under Montana law.
Montana Department of Justice Gambling Control Division Administrator Gene Huntington has said he doesn't believe the state has jurisdiction or legal standing to intervene on reservations without compacts, so wrote U.S. Attorney William Mercer September 29.
Huntington's letter to Mercer said Gambling Control had received reports "of illegal gambling activities" at the Glacier Peaks Casino, but he made specific reference only to blackjack.
"As you know," Huntington's letter continued, "states are precluded from enforcing any gambling laws in Indian Country by the Johnson Act. The Indian Gaming Regulatory Act does not provide a private right of action for a state to seek enforcement. As there is no tribal gaming compact providing for Class III gaming between the State of Montana and the Blackfeet Tribe, we understand that exclusive criminal enforcement jurisdiction rests with the United States (federal authorities)... We would appreciate being advised of any enforcement action your office will take."
A spokesman for the Montana Tavern Association, acknowledging no legal standing in the issue, said he would "reserve comment" until it is known what action may be taken by authorities, if any.
Source: The Montana Tavern Times, Nov., 2006, published monthly by Continental Communications, 125 W. Granite St., Suite 102, Butte, MT 59701.