In January, Maverick, a gaming and entertainment company, initiated a lawsuit challenging what it described as an "erroneous" interpretation of the Indian Gaming Regulatory Act (IGRA). The company claims the state is misapplying this law to grant tribes exclusive rights to certain forms of gaming, including activities like sports wagering, which are not permitted for non-tribal gaming properties in Washington.
In March 2020, Washington Governor Jay Inslee signed House Bill 2638 into law, allowing in-person sports betting at Class III gaming facilities in the state. As a result, nine tribal casinos received approval to offer wagering in September 2021 following ratification of amendments to their gaming compacts with the state. However, commercial cardrooms and other non-tribal venues were excluded, and a bill that sought to include them failed to advance.
The Shoalwater Bay Tribe filed its own response in federal court in Tacoma, accusing Maverick's CEO, Eric Persson, who is also a member of the tribe, of trying to undermine the tribe's economic standing. The tribe claimed that his legal efforts could jeopardize their vital source of employment and revenue.
The filing emphasized the tribe's need to intervene in the case, arguing that Persson's actions could adversely affect his own community's pursuit of economic self-sufficiency and essential government services. The tribe pointed out that the lawsuit targets the U.S. government and state officials, while the real focus appears to be on Washington tribes, which cannot be sued due to their sovereign immunity. Therefore, the Shoalwater Bay Tribe contends the lawsuit should be dismissed.
"We did not take this action to seek the dismissal of Maverick Gaming’s lawsuit lightly," stated Charlene Nelson, chair of the Shoalwater Bay Indian Tribe. "It pains us to have to legally oppose a member of our own tribe.
"But Eric Persson’s lawsuit left us no choice. If successful, this self-serving case would cause irreparable harm to historically marginalized tribal communities and to the general public as well."
Nelson expressed concerns that Maverick's lawsuit is part of a larger national campaign against tribal sovereignty. She noted that the law firm representing Maverick is also challenging federal Indian adoption laws in the U.S. Supreme Court.
"Just as tribes are building economic independence and regaining their self-reliance, there are powerful forces at work seeking to roll back the clock and take away what we have fought so hard over the years to restore," she added.
The Washington Indian Gaming Association backed the Shoalwater Bay Tribe's filing, with Executive Director Rebecca George criticizing Maverick’s lawsuit for contradicting the intentions of the IGRA.
"The intent of IGRA was to help tribes regain their self-reliance by ensuring they have the ability to conduct carefully regulated gaming activities, producing a revenue stream they can use to fund critically important services for their members and their communities," George explained. "It was never intended to give private, non-tribal gambling companies the right to override state laws and offer every gaming activity that tribes offer in neighborhood card rooms spread across nearly every community in the state."
