Maine’s 4 Wabanaki Nations are asking a federal decide to throw out Oxford Casino’s challenge to the state’s new web gaming legislation, arguing the measure is grounded in tribal sovereignty and Maine’s longstanding authorized agreements with federally acknowledged tribes.
The filing is the most recent growth in a lawsuit over Maine’s Economic Opportunity Act, which Gov. Janet Mills signed earlier this year after a heated debate over on-line on line casino playing. The legislation authorizes the Houlton Band of Maliseet Indians, Mi’kmaq Nation, Passamaquoddy Tribe and Penobscot Nation to every obtain one web gaming license and associate with outdoors operators.
Oxford On line casino, BB Growth LLC and Churchill Downs Included sued the state after the legislation took impact. The on line casino operators argue Maine created an unconstitutional monopoly by limiting on-line gaming licenses to the tribes alone. They declare the legislation violates equal safety protections and the Dormant Commerce Clause by excluding non-tribal companies, together with out-of-state firms.
The tribes rejected these arguments in forceful phrases.
“From the Founding to as we speak, the Supreme Courtroom has acknowledged that tribal nations are sovereign governments, not racial teams,” the movement states. “For equal safety functions, which means legal guidelines just like the Act that profit tribal nations draw political classifications—not racial ones.”
Wabanaki tribes defend Maine legislation in Oxford On line casino lawsuit
The tribes argued federal courts have constantly handled federally acknowledged tribes as sovereign political entities fairly than racial classifications. Due to that distinction, they stated the legislation needs to be reviewed below the extra deferential rational foundation customary as an alternative of strict scrutiny.
Their submitting additionally drew consideration to Maine’s uncommon authorized construction below the Maine Indian Claims Settlement Act and associated agreements authorised by Congress in 1980. In response to the tribes, these legal guidelines established “a singular jurisdictional framework in Maine” that permits the state and tribes to work collectively on gaming coverage.
State officers backed that place in a separate submitting, saying Maine’s relationship with the Wabanaki Nations is “nationally distinctive.”
The tribes stated web gaming income would help important tribal companies and strengthen rural economies throughout the state.
“The legislation advances state and federal pursuits by enabling the Nations to fund important authorities companies,” the tribes wrote. “It additionally advantages Maine’s rural economies, advances cooperation between the Nations and the State, eases the pressure on State funds, promotes a well-functioning web gaming market, and treatments the historic exclusion of the Nations from gaming alternatives.”
The submitting described tribal tasks that embody police and fireplace safety, healthcare, housing help, faculties, transportation tasks and water infrastructure work.
The tribes additionally famous that Oxford On line casino and Hollywood On line casino nonetheless keep unique management over Maine’s brick-and-mortar on line casino trade. The movement says the brand new legislation “doesn’t alter the longstanding monopoly on brick-and-mortar on line casino playing in Maine held by Oxford On line casino and Hollywood On line casino.”
“The Financial Alternative Act is just not such a legislation,” the tribes wrote. “It doesn’t privilege in-state companies as in opposition to out-of-state opponents. Somewhat, it privileges federally acknowledged tribal nations with whom Maine has a particular political relationship as in opposition to all others, in-state or out.”
Featured picture: Wabanaki Alliance logo
