ANCHORAGE, Alaska (KTUU) – The U.S. District Court has ruled in favor of the Native Village of Eklutna in the lawsuit over the Chin’an Gaming Hall.
A group of homeowners in Birchwood filed a lawsuit in December stating that the Eklutna Tribe is not federally recognized and therefore cannot operate a gambling hall.
The Court disagreed.
In a ruling dated June 27, Judge James Robart cites that Congress delegated to the Bureau of Indian Affairs Commissioner “the management of all Indian affairs and of all matters arising out of Indian relations.”
Since the Eklutna Tribe was listed on the national 1993 list recognizing those eligible and able to receive BIA services, the judge ruled the tribe was federally recognized.
“The preamble to the 1993 List stated that publication was intended ‘to eliminate any doubt’ that the listed villages and regional tribes, including the Tribe, ‘are distinctly Native communities and have the same status as tribes in the contiguous 48 states,’” the ruling states.
Judge Robart dismissed the lawsuit with prejudice, meaning the plaintiffs cannot refile the same claim against the same defendant based on the same issue.
Native Village of Eklutna President Aaron Leggett released a statement Wednesday morning celebrating the decision.
“This ruling is a significant step forward, affirming what we have always known – that our Tribal rights and identity are firmly rooted in this land,” Leggett said. “We are proud of the continued growth and success of the Chin’an Gaming Hall, which stands as a reflection of the Native Village of Eklutna’s resilience and vision. Open seven days a week, the Chin’an Gaming Hall is thriving – with Tribal Members and other local residents working proudly together to provide a quality experience to the hundreds of visitors that walk through our doors daily.”
Attorney Don Mitchell, who represents the homeowners, submitted a motion on Wednesday morning for the Court to reconsider its order. According to the motion, the court made two manifest errors of law, questioning the interpretation of past cases that set the precedent in the plaintiff’s lawsuit.
Mitchell told Alaska’s News Source he believes the request for consideration has merit.
Earlier this year, the state filed an injunction against the Native Village of Eklutna and the U.S. Department of the Interior aimed at shutting down the Eklutna gaming hall. The injunction, according to court documents, seeks to enforce an order issued in 2021 that determined the tribe did not have jurisdiction.
On June 23, court records show the U.S. District Court for the District of Columbia granted the Tribe’s request to move the case to the State of Alaska.
“The Court finds that the Tribe has shown that the action could originally have been brought in the District of Alaska,” the judge wrote.
A spokesperson for the tribe said its leadership remains hopeful for some resolution in the case.
Alaska’s News Source has reached out to a spokesperson for Alaska Attorney General Treg Taylor, but had not heard back at the time of publication.
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