In its hopes to get approval to open its Apache Homelands Casino, the Fort Sill Apache Tribe hasn’t folded yet and the latest card dealt by the federal government gives them hope for a winning hand yet.
Last week the National Indian Gaming Commission withdrew a legal opinion in which it had argued that the tribe could not conduct gaming on land it owns in Akela, New Mexico. In a court document, the commission said it was “in the process of reviewing and reconsidering” the opinion based on a new argument the tribe has presented.
Fort Sill Apache Chairman Jeff Houser is not sure what that “new argument” is. "I believe it means they’re reconsidering their decision the land was not appropriate for gaming," he said. He considers the move a positive step towards opening the 6000-square-foot casino on 30 acres it owns between Deming and Las Cruces on I-10. The gaming commission has not commented further on this latest announcement.
The tribe built the casino under the auspices of a 2007 federal agreement, but did so against the wishes of New Mexico officials who actively oppose the casino and have suggested legal action, instituted a physical blockade, and used other measures to keep gaming out of Akela. The casino’s restaurant and tobacco store are both open. In fact, new lighted billboards along I-10 advertise the restaurant to the traveling public. It is the only restaurant in the 50-mile stretch between Las Cruces and Deming.
The casino building is a shell of its earlier self, as the bingo machines that once marched in rows across the carpet have been sent back to the distributors. Tribal officials claim the companies were pressured by the Governor’s office not to lease machines to the tribe.
Regardless of this announcement’s significance, Gov. Richardson is not swayed. "Fort Sill does not have any legal rights to operate gaming activities in New Mexico," said Richardson spokesman Gilbert Gallegos. "Gov. Richardson will continue to aggressively resist any efforts by the tribe to operate an illegal casino in New Mexico."
(For more background on this developing story, see Ground Report stories, Governor Richardson Challenges Apaches in New Mexico; Apaches Still Fighting, But Losing the War in New Mexico; and Apaches Routed by the Feds in Southern New Mexico.)
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