Marty Schladen

El Paso Times

AUSTIN — Bingo interests in the Piney Woods of East Texas, Houston and along the Gulf Coast in Galveston have taken an interest in the gambling fight between El Paso’s Tigua Indians and the Texas attorney general.

Meanwhile, the Livingston-based Alabama Coushatta Indians filed a friend-of the-court brief supporting the Tiguas’ argument that recent opinions by two federal agencies mean it should be allowed to offer bingo and some other games of chance at its Speaking Rock Entertainment Center.

In December, 15 bingo operators filed briefs in support of the Texas attorney general’s argument that under a 1987 law, the Tiguas should be prohibited from operating games of chance.

Seven hail from Galveston County, three from Houston and three from towns north of that city. The lead group, American Legion Post 312, is based in Livingston — the same town as the Alabama Coushattas. The 15th is from Sugar Land.

In October, the U.S. Department of the Interior and the National Indian Gaming Commission opined that the Tiguas and the Alabama Coushattas can offer class II gaming, which includes such games as bingo and tip jars, but not casino-style games like cards and slots.

In November, an Austin attorney who represents bingo operators in the eastern half of the state said they would be hurt if the American Indian tribes were to offer the game.

“It will devastate charitable bingo within a 75-mile radius,” Stephen Fenoglio told the El Paso Times.

In court filings, the bingo operators argued that the Tiguas already have done harm in West Texas and if their current effort is successful, the harm will spread eastward.

They said that “the Pueblo Defendants have already injured charitable bingo interests in the western part of Texas by both flouting federalized Texas gaming laws since 1993 and by blatantly violating this court's injunction since 2001. ... With such a ruling, the (Tiguas) would have free reign to implement the Las Vegas-style ‘casino-like business model’ that they have long pursued at their Speaking Rock and Socorro Entertainment Centers, despite this court's injunction."

They added, “In addition, such a ruling would likely result in the Livingston, Texas, Alabama Coushattas being allowed to open a high-stakes casino operation in in the eastern part of the state. The Alabama Coushattas have already publicly stated their intention to conduct class II bingo using electronic equipment resembling slot machines.”

Writing in support of the Tiguas last week, the Alabama Coushattas said the attorney general is wrong to continue opposition to Indian bingo games. If there is ambiguity in federal laws regarding Indian gaming, it’s up to the federal agencies tasked with regulating such games to resolve it, the Alabama Coushattas argued.

The National Indian Gaming Commission letter permitting bingo “represents the authoritative construction of an uncertain statute by the agency charged with that statute’s administration and therefore controls over prior contrary judicial precedent,” the filing said.

U.S. District Judge Kathleen Cardone has not yet scheduled a hearing on the matter.

Marty Schladen can be reached at 512-479-6696; mschladen@elpasotimes.com; @martyschladen on Twitter.

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