Ruling could close popular bingo hall near Woodville

The machines are up and running, with players already arriving to enjoy the newly re-opened Naskila Entertainment bingo hall on the grounds of the Alabama-Coushatta Tribe's reservation Tuesday. The official opening of the venue is June 2, but word of mouth had already attracted guests to the soft opening. The bingo hall has been closed for 13 years, and the Attorney General declined to comment on whether he will seek to once again close the establishment. Photo taken Tuesday, May 17, 2016 Kim Brent/The Enterprise less The machines are up and running, with players already arriving to enjoy the newly re-opened Naskila Entertainment bingo hall on the grounds of the Alabama-Coushatta Tribe's reservation Tuesday. The official ... more Photo: Kim Brent Photo: Kim Brent Image 1 of / 18 Caption Close Ruling could close popular bingo hall near Woodville 1 / 18 Back to Gallery

Citing that the Alabama-Coushatta Tribe does not follow the "gaming laws and regulations of Texas," a federal judge ruled this week to shut down the tribe's popular electronic bingo hall 90 miles north of Beaumont.

U.S. Magistrate Keith Giblin wrote in an order filed Tuesday that he had "sympathy for the Tribe's position" because it is "bearing the brunt of a conflicting statutory scheme" that some might call "unjust."

The tribe has operated Naskila Gaming, a facility with more than 360 electronic bingo games, since May 2016 under the approval of the National Indian Gaming Commission, a federal regulatory agency.

Texas Attorney General Ken Paxton asked a federal judge in August 2016 to close the gaming site between Woodville and Livingston, claiming it violated state law.

The tribe argued the 1988 Indian Gaming Regulatory Act gives the three-member National Indian Gaming Commission governing power over all gaming on Native American lands.

The state argued the tribe's operations should be governed by the 1987 Restoration Act, which gave Indian tribes federally recognized status but included language that barred them from engaging in gambling activities on their lands.

"The Tribe submitted itself to the gaming laws of the State when it certified Tribal Resolutions in exchange for the passage of the Restoration Act," Giblin wrote in his order. "Until Congress can be persuaded to amend or repeal the Restoration Act, the Court is obligated to abide by the plain language of the statute and the Tribe must conform to the gaming laws and regulations of Texas."

Outside of betting on horse and greyhound races, gambling is illegal in Texas.

The tribe's attorneys argued that the tribal resolutions were passed under "duress" because "certain members of Congress threatened to block passage of the Restoration Act" unless the tribe agreed to "forever prevent" gaming on its lands.

"This may have indeed taken effect under duress," Giblin wrote, "but the issue is not up for consideration by this Court thirty years after the fact."

The Alabama-Coushatta Tribe filed an appeal with the U.S. Fifth Circuit Court of Appeals immediately after receiving Giblin's ruling on Tuesday.

"We are very disappointed with the ruling issued by the U.S. Federal District Court," Jo Ann Battise, tribal council chairperson, said in a Tuesday statement. "The Alabama-Coushatta Tribe remains confident in its legal position and has already filed a Notice of Appeal. The Tribe has also filed a Motion with the Court requesting the ability to stay open pending the appeal process in order to protect the 330 jobs that the Tribe provides as the third largest employer in Polk County."

A tribe spokeswoman said on Wednesday Naskila Gaming remains open.

Battise said the bingo hall generates an annual payroll and benefits for employees of almost $17 million.

The jobs created by Naskila Gaming "significantly contribute to the economies of Polk and Tyler Counties, and are vital to the greater Deep East Texas economy," she said in the statement.

In his August 2016 motion asking that the gaming site be closed, Paxton requested the court force Naskila Gaming to pay a $10,000-per-day civil fine for every day the center had been open since June 2, 2016.

That fine would be in excess of $5 million today.

Giblin wrote in his order that the court "defers request for damages and fees" until after a hearing later this month.