Northern Arapaho Tribe to Proceed with Wyoming Casino Following Court Decision

CHEYENNE, Wyo. -- Representatives of the Northern Arapaho tribe are preparing to move ahead with plans to offer casino gambling on the Wind River Reservation outside of Riverton.

A three-judge panel of the federal appeals court issued a unanimous decision in the tribe's four-year legal dispute with the state of Wyoming over the gaming project.

The appeals court ruled -- as a lower federal court had ruled -- that the state had negotiated in bad faith with the tribe. Negotiations date back to the administration of Gov. Jim Geringer.

The lower court, the U.S. District Court for the District of Wyoming, had ruled that the state did not have to negotiate with the tribe over casino-type gambling, and the appeals court ruled that it did, concerning the full gamut of "any game, wager or transaction."

The third part of the appeals court decision sends the case back to the district court.

"It doesn't mean the tribe and the state have to go back to negotiations," Mark Howell, public affairs consultant for the tribe, said. "It just means that the district court has to incorporate the 10th Circuit decision in the lower court's decision."

State officials are not as sure.

"In general, it's our intent to evaluate options for getting reviews," Gov. Dave Freudenthal said Wednesday.

The Northern Arapahoes have been working in consultation with the U.S. Department of Interior for about two years. Freudenthal said he's not sure whether the Interior Department will send the case back to the state or whether the state will have to start negotiations anew.

Howell said state officials will have no role in the tribe's discussions with the federal government over the scope of the games that will be offered under federal law.

"This ruling is broader than we asked for," Howell said, and it allows the tribe to engage in any form of gaming.

"It's inclusive of games. There's not a lot to consult about," he said.

Neither the Geringer nor the Freudenthal administrations have supported casino-type gambling on the reservation.

Right now, the Northern Arapahoes operate 789 Bingo about a mile south of Riverton on Wyoming Highway 789. They are limited to bingo and pull tabs and are considered a Class II operation, which does not require a compact with the state.

With this ruling, the tribe is poised to move ahead with the Wind River Casino, about two miles south of the Riverton city line, also on Wyoming Highway 789.

Howell said ground has already been broken on the upgraded facility, and it could be open a year from now.

With the casino would come more than 200 jobs, in addition to the 70 at the bingo hall. Annual wages would range between $25,000 and $200,000. The higher salaries would go to experienced casino managers, he said.

In the meantime, Wyoming Attorney General Pat Crank said he's evaluating the state's options. They have three:

--They can seek a rehearing by the three-judge panel.

--They can seek a hearing before the entire 10th Circuit.

--They can seek a review by the U.S. Supreme Court.

Crank said his office is likely to decide next week.

"We never believed that under Wyoming law and IGRA that the tribe had the ability to run a Class III casino," Crank said, referring to the wide range of games allowed under this designation.

"The U.S. District Court agreed with us, but it was reversed. The question is: where do we go from here?"

Freudenthal said that his personal views aside, the state will follow the law.

Part of the appeals court decision held that the state had negotiated in bad faith with the tribe.

"It appears to be the case that the state will get no revenue and have no regulatory authority" over the casino, Freudenthal said. "I think that's the burden of not negotiating in good faith."