FIFTH CIRCUIT RULES AGAINST TRIBE IN
STATE OF TEXAS v. YSLETA DEL SUR PUEBLO

Yesterday, the Tigua Tribe was dealt a blow when the U.S. Court of Appeals for the Fifth Circuit upheld an erroneous lower court decision in State of Texas v. Ysleta Del Sur Pueblo. The case involves a challenge by the State of Texas to the validity of the Ysleta Del Sur Pueblo's Speaking Rock Casino.

In a one sentence ruling that could lead to the loss of 8,000 jobs and lead to the closure of the Speaking Rock Casino, the only employment opportunity on the Tigua reservation, the Fifth Circuit stated, "We affirm the judgment of the district court essentially for the reasons stated in its careful, thorough September 27, 2001 Memorandum Opinion."

Regarding the Fifth Circuit's decision, Ernest L. Stevens, Jr., Chairman of the National Indian Gaming Association made the following statement:

The Tigua tribal government is being unfairly attacked and stonewalled by the State of Texas. The Fifth Circuit's disregard for this case only compounds the insult that the lower court bestowed upon the Tigua people by deeming this Sovereign Nation an association. We hope this situation will be corrected on appeal.

NIGA is proud to stand with the Tribe in support of its goal to attain economic self-sufficiency, and provide jobs and basic governmental services to its people.

The Ysleta Del Sur Pueblo, a federally recognized Indian Tribe, retains the inherent rights of self-government - including the right to engage in gaming for purposes of economic development. However, the State argues that under the Tribe's 1987 Restoration Act, Texas gaming laws apply to the Tribe as they do to any other State citizen or association. These laws do not permit citizens or associations to operate the games such as those employed at Speaking Rock.

The Tribe has operated the Speaking Rock Casino near El Paso, Texas since 1993. The State did not challenge the legality of the Tribe's operation until Attorney General John Cornyn took office in 1999.