Oklahoma attorney general sues tribe over casino

OKLAHOMA CITY (AP) - Oklahoma's attorney general filed paperwork Tuesday to stop an American Indian tribe from building a controversial casino in a Tulsa suburb.

The lawsuit, submitted by Attorney General Scott Pruitt in U.S. District Court for the Northern District of Oklahoma, seeks a preliminary injunction to keep the Kialegee Tribal Town and developers from continuing work on the proposed Red Clay Casino in Broken Arrow. The Wetumka-based tribal town hasn't secured federal approval of a lease for the property and has no jurisdiction over the land, which Pruitt argues violate state compact requirements for Indian gaming.

The Kialegees do not have the authority to pick and choose which steps to follow in the federal or state approval process of establishing casinos,” Pruitt said. “The complaint filed today is to protect the interests of Oklahoma and its citizens, and ensure the rule of law is being followed.”

The casino has drawn protests from hundreds of residents in the city of about 99,000 who worry the gaming center is too close to a proposed elementary school and pre-kindergarten facility and could bring a flurry of criminal activity to the area. The residents have contacted members of the state's congressional delegation, who also have voiced opposition.

“I took up this fight to stop the casino because I believe our community should have their voice heard and the rule of law should be followed,” said Rep. John Sullivan, R-Okla., whose congressional district includes Broken Arrow.

The land is owned by two Muscogee Creek Nation members who tried to transfer their parcel to the tribal town. A judge deferred a decision on whether the land can be leased to the federal government. The tribal town's members are affiliated with the larger Creek tribe, which has jurisdiction in the area.

Crews already have begun bulldozing the 20-acre site near the Creek Turnpike, even though the land issue is unresolved and the tribal town's application for a gaming license is still under review by the National Indian Gaming Commission.

Dennis Whittlesey, an attorney representing the tribe of about 450, believes further approval is not needed to the build the casino. He said Tuesday he hadn't seen the lawsuit, and called it “premature.”

“There is no federal jurisdiction over this matter until and unless Class III gaming commences and that is months away,” Whittlesey said by telephone from Florida. “We will be filing a motion to dismiss when and if it (the lawsuit) is ever served.”

Pruitt submitted the 21-page lawsuit to the court, but said the court hadn't filed it yet. His spokeswoman, Diane Clay, said a lawsuit isn't considered filed in the Northern District until the court assigns a number to the document, which hadn't been done by late Tuesday.

In Oklahoma, Class III gaming includes electronic games that are similar to Las Vegas-style slot machines and skill games like video poker. Tribes are required to enter into state compacts to offer Class III games.

A telephone listing for the tribal town's leader, or king, Tiger Hobia, couldn't be found on Tuesday. Hobia has said the casino is an economic opportunity that would help the tribe become more self-sufficient and less reliant on the federal government. The tribe plans to build a temporary facility in the spring.