TRIBAL GAMING: Cherokee Nation fights Arkansas license loss; Seneca questions NY revenue share
Tribal gaming faces both challenges and opportunities as 2024 comes to a close, with two major developments highlighting the complex relationship between tribes and states.
In Arkansas, Cherokee Nation pursues legal action after voters approved a referendum stripping its Pope County casino license, while in New York, newly elected Seneca Nation President J.C. Seneca aims to eliminate the tribe's 25% revenue sharing agreement with the state. Meanwhile, several tribes announced new developments and partnerships, including Muscogee Nation's groundbreaking on a $100 million casino project in Oklahoma.
Tribe fights voters' decision to strip Pope County license through lawsuit
An embattled plan to launch Cherokee Nation Entertainment’s Legends Resort and Casino in Pope County, Ark. has hit another barrier: a state referendum overturning the casino’s awarded license. The ballot question, referred to as Issue 2, proposed to reduce the number of casino licenses created by a 2018 amendment from four to three, revoking the Pope County license outright.
On Nov. 5, the proposal passed statewide, taking nearly 56 percent of 1.1 million votes, per a report by the Arkansas Democrat and Gazette. (Notably, Pope County itself rejected the measure, voting 56 percent against Issue 2.) On Nov. 8, Cherokee Nation Businesses, Cherokee Nation Entertainment, and Pope County resident Jennifer McGill collectively filed a lawsuit against the measure. The lawsuit claims the issue’s wording on the ballot was misleading, and that the county’s constitutional rights had been violated.
That lawsuit requested an injunction to prevent the Issue 2 ballot question from going into effect Nov. 14. A federal court later denied that injunction and removed the State of Arkansas and the Arkansas Racing Commission as defendants named in the lawsuit, citing sovereign immunity.
Gov. Sarah Huckabee Sanders and seven Arkansas Racing Commission members remain listed as defendants. The Arkansas Democrat and Gazette report notes Huckabee has called for a December trial, ahead of a proposed January and February hearing and a March bench trial.
The plans for Legends Resort and Casino include a 50,000 square-foot facility with 1,200 slot machines, a 200-room hotel, and a 15,000 square-foot multipurpose space, totaling a $300 million investment. In a statement published by iGaming.com, Cherokee Nation Entertainment attorney Bart Calhoun said the Nation would press on with the lawsuit and, eventually, the project itself.
“Cherokee Nation Entertainment is firmly committed to protecting its constitutional rights, defending its lawfully issued casino license, and safeguarding the substantial investments it made in good faith based on the establishment of the Pope County casino license under Amendment 100 in 2018,” Calhoun said in the statement.
Seneca Nation president floats ending state-tribe gaming revenue share
J.C. Seneca, the newly elected president of the Seneca Nation in New York, wants to revisit the tribe’s gaming compact with the state. Per an interview with local news station Spectrum News 1, Seneca believes the state shouldn’t be receiving its current 25 percent share of the gross slot win from Seneca Niagara Resort and Casino, Seneca Allegany Resort & Casino, and Seneca Buffalo Creek Casino.
Seneca asserts the state’s authorization of non-tribal casinos near Seneca Nation properties in 2013, as well as allowing video lotteries in racinos across the state, means New York isn’t honoring the compact.
“I’m a zero percent guy,” Seneca said in his Spectrum News interview. “I don’t think the state deserves any revenue from our nation. But as president, I have to look at what people want.”
Seneca told Spectrum he plans to field opinions from the tribe before resuming compact negotiations with the state.
DEVELOPMENT
The Muscogee Nation has broken ground on a $100 million hotel and casino property in Coweta, Oklahoma. The Coweta Casino Hotel is planned to feature a 35,000 square-foot casino with 750 gaming machines and a 46-room hotel. The property is projected to create 250 new jobs and open in Spring 2026, per a report by Indian Gaming.
“Investing in the City of Coweta represents a remarkable new chapter in our growing entertainment and hospitality legacy,” Muscogee Nation Principal Chief David Hill said in a statement provided to Indian Gaming. “We are proud to develop land throughout our historic reservation and this project adds to our significant economic development investments within the greater Tulsa region.”
NOTEWORTHY
Pechanga Resort Casino has announced a partnership with the Venetian Resort Las Vegas, per a press release from the former. Through the partnership, guests will have access to a unified awards program, offering visitors event invitations and special promotions at each location. The partnership is contracted for one year, with an option to renew, the press release states.
Wind Creek Hospitality, the entertainment arm of the Poarch Band of Creek Indians, has purchased the Birmingham Racecourse for an undisclosed amount, per a report by Alabama news site AL.com. Wind Creek purchased the race track and its holdings from its prior owners, the family of Milton McGregor, who in turn bought the track in 1992. The sale is expected to be finalized in early 2025. The tribe plans to offer parimutuel games and historical horse racing games, per the AL.com report.
The Sycuan Band of the Kumeyaay Nation, a joint owner of the San Diego Football Club, has announced a partnership between the team and the tribe’s Sycuan Casino Resort. Under the partnership, the casino would be named San Diego FC’s Founding Chrome Club Partner and Official Tribal Gaming Partner. The partnership will allow for “exclusive elements” and opportunities for San Diego FC fans at the casino, per a report by the Times of San Diego.
A potential federal approval of the Coquille Indian Tribe's Medford casino project has sparked concerns from Oregon tribal leaders about the state's gaming landscape, according to Willamette Week. The Confederated Tribes of Grand Ronde and Cow Creek Band of Umpqua warn that approvals of off-reservation casinos could disrupt Oregon's long-standing one-tribe, one-casino policy, with Grand Ronde threatening to pursue a casino in Wood Village and Cow Creek considering expansion into Eugene and mobile gaming. The tribes' concerns follow the Biden administration's recent approval of an off-reservation casino in Minnesota, leading them to request an urgent meeting with Gov. Tina Kotek, who has previously stated her opposition to gaming expansion in the state.
If you have news or information about Indian gaming, expansions, developments,or emerging stories, shoot me a note at coxendine@tribalbusinessnews.com.
Dozen WWI Indigenous soldiers from Oklahoma are eligible for Medal of Honor review
Indigenous soldiers who served during World War I were not considered for the Medal of Honor because of their race. But now, an Arkansas research center has teamed up with the World War One Valor Medals Review Task Force to determine which Indigenous veterans are eligible for the highest American military decoration. About half are from Oklahoma.
By Sarah Liese (Twilla), KOSU
During World War I, 12,000 American Indians and Alaska Natives served in the U.S. military. Their service and sacrifice ultimately catalyzed the passing of the Indian Citizenship Act in 1924.
During that time, Native American and Alaskan Native veterans were never considered for Medals of Honor due to their race.
Erin Fehr (Yup’ik) is helping to change that by offering a list of Indigenous World War I soldiers who meet the Medal of Honor requirement to a review task force. The task force will share details about the soldiers with the Department of Defense to review, which will determine whether they should receive the honor.
“These men once, once we discover who they are, they qualify for this extra review if they received a Distinguished Service Cross or a Croix de Guerre with palm,” Fehr said.
Fehr is the Assistant Director and Archivist at the Sequoyah National Research Center in Little Rock. She said her team began researching Indigenous involvement in World War I after putting together an exhibit about the Choctaw Code Talkers in 2017.
This work ultimately led them to make a Wall of Honor, where they paid tribute to the Indigenous men who served in World War I.
“In a matter of like three months, I think we had found about 2,500 names, she said. “And they were mostly out of boarding school publications because those soldiers and sailors were heavily recruited from boarding schools because they already had that military training.”
With a long list of names, Fehr’s team created a database called “Modern Warriors of World War I,” which is available on the World War I Centennial Commission.
The World War One Valor Medals Review Task Force recognized their findings, and in 2019, they asked if they could work together to determine which Indigenous men may be eligible for a Medal of Honor.
So far, Fehr’s team has identified 6,200 men out of the 12,000 Indigenous soldiers. 25 qualify for review by the Department of Defense. Twelve of those Indigenous soldiers were from Oklahoma.
“There were just a huge number of tribal citizens in Oklahoma who volunteered for military service, “ Fehr said. “The 36th [Infantry] Division was very engaged in the frontline battles… It was made up of Texas and Oklahoma men, and that's where those Choctaw Code Talkers came out of that division.”
The Department of Defense's review deadline for the list of eligible Indigenous men is 2028, giving Fehr and her team more time to continue finding more qualified soldiers—a project she remains passionate about.
“What makes [this work] really rewarding is being able to kind of give those stories back to their families that have just been lost over time and being able to share something that helps complete their family's story,” Fehr said.
Vanderbilt honors Mater; Hushtola Art market draws near
NASHVILLE, Tenn. – Vanderbilt University honored artist Dustin Mater with a formal ceremony Nov. 12, officially unveiling 12 portraits of Chickasaw and Cherokee students who attended the highly respected university.
The university commissioned Mater to paint portraits of First American students who fought for admission to Vanderbilt in the late 1880s, won admission and then went on to pursue stellar careers in Indian Territory and later Oklahoma.
Mater, a national and internationally acclaimed artist in several art genres, was on hand at the ceremony to greet attendees and speak about his project, which he finished in February 2024. The Chickasaw artist is also planning to show works at this year’s Hushtola Art Market.
Mater was commissioned by Dan Sharfstein, professor of law and history at Vanderbilt, after a chance encounter in September 2023 at Vanderbilt’s Curb Center, which hosted “Roots of the Cedar Tree” art exhibit in which Mater was involved.
“The more we talked, I remember thinking how cool it was these Native sons were the first nonwhite students admitted to Vanderbilt,” Mater said.
The portraits are painted on Mater’s signature “ledger paper,” artifacts from the late 1800s to 1903 given to him approximately six years ago. The ledger paper used was from a map of Tishomingo, Indian Territory, dated 1898. The other is a map of Tahlequah, Indian Territory, also from 1898, which pays tribute to the First American tribes that each student represents.
“It was an honor to be asked to contribute to this endeavor,” Mater said. “To see First Americans honored for their temerity and fight to gain higher education and serve our people is quite inspiring.”
Another celebrated artist just emerging on the scene is Abby Gaines, a former Chickasaw Princess whose differing art genres have proved popular with art lovers. She also will be showing and competing in Hushtola Art Market after enjoying a successful prize-winning exhibit at the Southeastern Art Show and Market (SEASAM) in October.
Gaines’ “Spam Shakers” won second place in the graphic artists competition at SEASAM. “SEASAM treated me well,” Gaines said. “My piece, ‘Spam Shakers,’ which placed second, sold to a patron on the first day of the show, and I also sold all 25 prints I brought with me of the same piece.” Gaines called the piece “pop art” with a special meaning to First American citizens.
The painting depicts a female Chickasaw stomp dancer using Spam cans as shell shakers. Chickasaw women strap cans onto their legs to keep the rhythm of the stomp dance singer. The shakers are usually made of evaporated milk cans filled with river rocks.
Traditionally, Chickasaw women used shakers made of turtle shells or deer hooves, which can still be enjoyed today but are not used as much as metal cans. In Gaines’ graphic art, it shows a Chickasaw woman keeping the rhythm with cans from Spam attached to her legs.
“Growing up, my family always had Spam in our household, and other family and friends can identify with it too.” Gaines said with a laugh. “It was a lighthearted piece to show our humor and cultural significance all at once.” So popular was the piece, Gaines has ordered additional prints for Hushtola Art Market.
Additionally, other works will be available to purchase. Gaines gave up her Chickasaw Princess crown in September. Calling the end of her reign “bittersweet,” she is now focused on working full time for the Chickasaw Nation and attending East Central University in Ada, Oklahoma, as a studio art major.
About Hushtola Art Market
The event will be hosted 11 a.m. to 7 p.m., Dec. 14- 15, at WinStar World Casino and Resort in Thackerville, Oklahoma. The juried art show is perfectly timed for holiday shopping. Hushtola Art Market offers awards and cash prizes in 21 categories including Best of Show and Best of Division. It is open to adult artists from any federally recognized tribe. It marks the second year the Chickasaw Nation has hosted Hushtola Art Market.
Cole reaffirms commitment to solving missing and murdered Indigenous persons crisis
By Kevin Eagleson, Gaylord News
There are 86 missing Indigenous persons in Oklahoma, according to data from the National Missing and Unidentified Persons Systems.
At a Nov. 20 House Committee on Appropriations, Subcommittee on Interior, Environment and Related Agencies hearing, Appropriations Chairman Rep. Tom Cole (R-Moore) reaffirmed his commitment to ensuring the federal government is working to provide resources and services to combat the issue.
“Because of the extreme lack of resources, statutory roadblocks and several other barriers, this crisis won’t be solved without the work and partnership of leaders of the federal, state, tribal and local law enforcement,” Cole said.
“To put it into perspective I use the phrase: ‘Fishermen know where to fish, hunters know where to hunt, predators know where to prey.’ We can’t give predators a place to prey anywhere, but especially in Indian Country.
“I have been – and will remain – committed to ensuring the federal government provides the services and resources needed to protect Native Americans throughout Indian Country,” he said.
According to data from the National Missing and Unidentified Persons Systems, there are at least 875 missing Indigenous persons cases across the nation. Oklahoma has the third-highest number of cases behind Alaska which has 329 and Arizona which has 92.
The subcommittee’s ranking member, Rep. Chellie Pingree (D-Minnesota), said the Bureau of Indian Affairs estimates there are 4,200 missing and murdered cases that have gone unsolved.
According to the 2016/2017 Report on Sexual Violence by the Centers for Disease Control and Prevention, over 43.7% of Indigenous women are raped in their lifetime.
During the subcommittee hearing, Cole mentioned the need for increasing data collection, record keeping and reporting to understand the issue properly. He also reiterated the need for collaboration between law enforcement agencies at all levels.
“It will require sufficient awareness and resources to solve this crisis once and for all,” said Cole, who is a citizen of the Chickasaw Nation and one of four Native Americans in the House.
He stated his support for two bills that were signed into law in 2020 that aimed to increase data collection on missing and murdered Indigenous people.
Sponsored by Sen. Catherine Cortez Masto (D-Nevada), the Not Invisible Act, or S.982, increases coordination efforts to reduce violent crime against Indigenous individuals and on Indigenous land. It requires the Department of Interior to designate an individual in the Bureau of Indian Affairs to coordinate efforts.
The law also requires the Department of Justice and the Department of Interior to establish a joint commission on crime against Indigenous people and crime on Indigenous land. They must also provide written recommendations for combatting such crimes and for identifying, reporting and responding to instances of missing persons, murder and human trafficking.
Savanna’s Act, or S.227, sponsored by Sen. Lisa Murkowski (R-Alaska), directs the Department of Justice to review, revise and develop law enforcement and just procedures to address missing or murdered Indigenous people.
The bill requires the Department of Justice to provide training on how to record victims in federal databases, develop and implement a strategy to educate the public on databases, conduct outreach, develop regional guidelines on responding to such cases and report statistics on missing or murdered Indigenous people.
The bill also authorizes the Department of Justice to provide grants to develop and implement policies and protocols for missing and murdered Indigenous persons cases and to compile and report data relating to the cases.
The fiscal year 2025 House Interior Appropriations bill, which has passed the House Appropriations Committee but has not reached the floor of the House, provides an increase in funding for the Bureau of Indian Affairs.
The bill provides an increase in $191 million for Bureau of Indian Affairs Public Safety and Justice programs, including $141 million for Criminal Investigations and Police Services.
The bill, if passed, will also bring the total amount of funding for the Missing and Murdered Indigenous Women Initiative to $30 million because of an additional $13.5 million in fiscal year 2025.
“These steps are just the beginning. Beyond the interior bill, I vow to continue to do all that I can to support all the federal agencies that are working to address this crisis,” Subcommittee on Interior, Environment and Related Agencies Chairman Rep. Mike Simpson (R-Idaho) said.
Kevin Eagleson is reporting from Gaylord News’ Washington bureau this fall as part of an OU Daily scholarship.
Gaylord News is a reporting project of the University of Oklahoma Gaylord College of Journalism and Mass Communication. For more stories by Gaylord News go to GaylordNews.net
