U.S. District Federal Judge James Browning issued a ruling on September 30 that threw out a complaint by the Pojoaque Pueblo against Governor Martinez. Martinez was threatening to prosecute vendors that supply the Pojoaque casino because the pueblo is violating federal law in operating a casino without a state/tribal compact. Their compact expired in June of 2015, with the tribe rejecting the requirement to pay revenue sharing to the state. The pueblo filed a lawsuit against the state in the 10th Circuit Court last year to allow them to continue gambling without the new compacts.
In the new ruling, Judge Browning overruled an injunction against the state from prosecuting vendors supplying an illegal gambling operation. The pueblo responded by sending an appeal to the 10th Circuit Court in an attempt to reverse the new ruling against vendors supplying the casino.
Judge Browning commented that his ruling does not stop the gambling operation of the casino, nor is it targeting the casino, but is directed at private vendors. No one seems sure what impact this new ruling will have on the casino operations.
The tribe has been required to set aside what would have been the amount of revenue sharing owed the state in an escrow account, although the state has virtually no ability to insure that those payments are accurately made. The Legislative Finance Committee investigation two years ago determined that the state has no access to live data from the gambling operations, but has to rely on a sort of “honor system” that allows the casino to “self report.”
Based on the illegal activity of the Pueblo, and their circuitous efforts to avoid the consequences of the law, the appropriate action by the 10th Circuit Court would be to declare the tribe in violation of federal law and instruct the U.S. Attorney to close their operations.
It’s time for the government to get out of the predatory gambling business.
An article on Judge Browning’s action in the Santa Fe New Mexican can be read by clicking here. Pictured is Guy Clark of Stop Predatory Gambling New Mexico.
