Judge takes Indian slots case under advisement
Story-Date: 01:15 a.m. PST Wednesday, November 25, 1998

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Judge takes Indian slots case under advisement

Associated Press Writer


SPOKANE, Wash. (AP) -- A federal judge is considering a request by Indian
tribes that he order federal prosecutors to sue Washington state, rather
than attempt to seize slot machines from reservation casinos.

U.S. District Judge Fred Van Sickle did not indicate Tuesday when he might
rule on motions by the Spokane Tribe of Indians and the Confederated
Colville Tribes.

Van Sickle could rule for the tribes, grant the U.S. attorney's civil
forfeiture action to remove the gambling machines, or send the case to
trial in January.

The U.S. attorney's office here has started a civil forfeiture action to
seize more than 1,800 gambling machines, predominantly slots, the tribes
operate in seven Eastern Washington reservation casinos.

The Colvilles won't disclose gambling revenues from their three casinos,
but contend the gambling devices contribute about $25 million to the
economy of north-central Washington, including $7 million in annual
payroll. About 750,000 people visited the tribal-owned casinos last year,
according to figures from the tribe.

Instead of seeking to remove machines that represent 90 percent to 95
percent of the casinos' revenues, the government should help the tribes,
Bruce Greene, a lawyer representing the Colvilles, told Van Sickle.

"The U.S. attorney ought to start acting like a trustee and assist the
tribes in obtaining (gambling) compacts" with the state, he said.

Both Greene and Scott Crowell, representing the Spokanes, argued the
federal prosecutor should be ordered either to sue the state to secure a
gambling compact, or to ask Interior Secretary Bruce Babbitt to make rules
allowing machine gaming.

The case is unusual for the U.S. attorney's office, which traditionally
acts as trustee on Indians' behalf in legal matters, assistant U.S.
attorney Jim Shively acknowledged.

But in this instance, he said, the federal prosecutor must enforce two
federal laws: the Johnson Act barring machine gaming in Indian Country, and
the 1988 federal Indian Gaming Regulatory Act. The latter law provides an
exemption from the Johnson Act if states either enter into compacts with
tribes to allow Nevada-style gaming, such as slot machines, or pass state
laws to allow tribes to operate such devices.

Slots are allowed in Indian casinos in 23 states, including Oregon, the
National Indian Gaming Commission said.

But Washington state contends slot machines are illegal under state law and
cannot be negotiated into a compact with Indians.

Crowell said the U.S. attorney has switched roles in this case.

"The U.S. attorney seems to be more comfortable donning the mask of
prosecutor than donning the mask of trustee," he said.

The tribes asked Van Sickle to dismiss the forfeiture action.

The tribes' attorneys told Van Sickle that a 1996 Supreme Court ruling
involving Florida's Seminole tribe has stripped the tribes of the ability
to sue the state directly for relief.

They asked Van Sickle to "restore the balance" to benefit Indian tribes
by ordering the U.S. attorney to sue the state on the tribes' behalf.

"We would suggest they've gone the wrong direction," Crowell said, "and
that the court has the power and the authority and the ability to set
matters straight."



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