Abilene

A federal judge on Friday declared that an 18-year-old lawsuit by the state against El Paso’s Tigua Indians was closed. She said Texas Attorney General Ken Paxton will have to sue the tribe again if he thinks it’s violating state gambling laws.

U.S. District Judge Kathleen Cardone denied two motions by the state to hold the Tiguas in contempt for offering bingo games at their Lower Valley entertainment centers. She also denied a state request to allow investigators from the Attorney General’s office onto Tigua property to inspect the entertainment centers.

Cardone reminded the state that she closed the epic case almost a year ago after she ordered the tribe to stop offering electronic sweepstakes games.

“As for (the attorney general’s) mention of its plans to seek leave to amend its complaint in this case, the court is unaware of any rule of procedure that would allow for amending a complaint that has been finally adjudicated, nor the filing of a standalone complaint as a supplement to a motion for contempt in a closed case,” Cardone’s order said. “Moreover, the court reiterates that if (the attorney general) can establish through ‘clear and convincing evidence’ that (the Tiguas) have violated an order of this court in the instant case, a motion for civil contempt is appropriate in the instant case.”

An attorney for the tribe said the order marks a turning point in the long-running dispute.

"It's a big deal," said Dolph Barnhouse of Albuquerque. "She's saying if (the Attorney General's Office) thinks there's a violation of (the 1987 law recognizing the Tiguas) then they need to file a new action."

The two sides have agreed that the Attorney General’s Office can request to conduct an inspection according to the federal rules of civil procedure. In her order, Cardone said that if, after conducting such an inspection the state believes it has evidence that the tribe is violating her earlier order, the attorney general can file a new case.

A spokeswoman for the Attorney General's Office said it would proceed against the tribe if it determines the Tiguas are offering games that are illegal under Texas law.

"The court has dismissed several of the state’s pending motions as moot, to allow the state to inspect the tribe’s gaming facility," spokeswoman Kayleigh Lovvorn said. "If this inspection reveals evidence of illegal activity, Texas will move forward to enjoin that activity and bring the Tribe into compliance with state gaming law."

More broadly, the Tiguas and another Texas tribe – the Alabama-Coushatta – believe they should be allowed to offer class II gambling machines under the regulation of the National Indian Gaming Commission.

Barnhouse said that the Kickapoo tribe is operating a casino in Eagle Pass under such an arrangement and it seems to be working to everybody's satisfaction. Meanwhile, the Alabama-Coushatta are embroiled in their own litigation with the state.

Barnhouse called on Paxton and Gov. Greg Abbott to negotiate with the Tiguas and the Alabama-Coushattas to come up with arrangements similar to the one the state has with the Kickapoos.

"I don't think the courts are the answer," Barnhouse said.

The state of Texas initially sued the Tiguas in 1999, when the tribe was running a full-fledged casino, and won a series of court victories that forced the closure of Speaking Rock Casino. The tribe has modified its approach several times, offering sweepstakes games that looked like slot machines, and then electronic bingo games that also mimic the appearance of slot machines.

Marty Schladen can be reached at 512-479-6606; mschladen@gannett.com; @martyschladen on Twitter.