CHEYENNE (AP) -- Citing a recent court decision, the Northern Arapaho Tribe is preparing to move ahead with plans to offer high-stakes casino gambling on the Wind River Reservation near Riverton.
On Tuesday, a three-judge panel of the federal appeals court ruled in the tribe's four-year legal dispute with the state of Wyoming over the type of gambling it could offer. The appeals court ruled that the state had negotiated in bad faith with the tribe and overturned a lower court ruling that the state did not have to negotiate with the tribe over casino-type gambling.
The appeals court sent the case back to the U.S. District Court in Wyoming. But tribal representatives and the state disagree on what happens next.
"It doesn't mean the tribe and the state have to go back to negotiations," Mark Howell, spokesman 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 tribe has 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.
"There's not a lot to consult about," he said.
Negotiations between the tribe and the state date back to the administration of Gov. Jim Geringer. Neither the Geringer nor the Freudenthal administrations have supported casino-type gambling on the reservation.
Right now, the Northern Arapaho operates 789 Bingo about a mile south of Riverton on Wyoming 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 the new ruling, the tribe is poised to move ahead with the Wind River Casino, which is being built about two miles south of the Riverton, also on Wyoming 789. The tribe wants to run Class III high-stakes gambling out of the new casino.
Howell said the casino 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.
Meantime, Wyoming Attorney General Pat Crank said he's evaluating the state's options, which include seeking a rehearing by the three-judge circuit court panel, seeking a hearing before the entire 10th Circuit, and seeking 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. "The U.S. District Court agreed with us, but it was reversed. The question is: where do we go from here?"
