District Judge James A Parker advanced Pojoaque’s gambling compact future by declining to grant Governor Martinez’ proposed injunction against the Department of the Interior. The injunction would have prevented Pojoaque and Interior from hammering out a gambling compact without state input.
Parker, however has the power to rule for or against Pojoaque’s request to negotiate the compact solely with Interior, and he said that he will expedite the process.
The state is worried that the dismissal of the injunction could interfere with their negotiations with the other five tribes that need to get new compacts in 2015. The state has excellent points of law on its side, but the BIA often gives the Indians whatever they want, regardless of state or federal law. They call it their “fiduciary responsibility to the Native Americans.”
In an article this morning in the Albuquerque Journal, there was no mention of any effort to appeal the ruling to the Federal Appeals Court. The state may just wait to see which way the Federal District Court will rule, at which case, the losing side will undoubtedly appeal to the Federal Circuit Court.
As I have stated in previous blogs on this site, if the courts decide to support Pojoaque, it could throw the whole tribal gambling movement into chaos. Maybe something good could come of that.
Until then, the tribal casinos, along with the state’s track casinos, will continue to exploit the citizens of the state, and degrade the economic well being of the state of New Mexico.
New Mexico should get out of the predatory gambling business.