The 11th US Circuit Court of Appeals revived a lawsuit on Friday originally filed by the Muscogee (Creek) Nation over the construction of a casino by another tribe on what they said is historic and sacred land.
A panel of three judges vacated a prior decision in 2021 to dismiss a lawsuit filed by the Muscogee (Creek) Nation against the Poarch Band of Creek Indians over the land known as Hickory Ground, the current site of one of the Poarch Band’s Wind Creek casinos.
The court determined that the trial judge must complete a “claim by claim” analysis of where the Poarch Band has sovereign immunity that prevents them from being sued.
“The Eleventh Circuit’s decision reaffirms our Nation’s sacred and historical ties to Hickory Ground, while also affirming our sovereign right to seek justice against federal agencies and other entities that violated the laws protecting this sacred land,” Principal Chief of the Muscogee (Creek) Nation David Hill said in a statement.
The 11th Circuit Court of Appeals began hearing oral arguments in the case on Sept. 25.
Origins of the casino conflict
The conflict over Hickory Ground stems back centuries to the Trail of Tears. Before their displacement, Hickory Ground was the last tribal capital of the Muscogee people. The land is now owned by the Poarch Band of Creek Indians, which shares ancestry with the Muscogee. The Poarch Band purchased the land in 1980 from a private landowner using a historic preservation grant.
In a statement following the 11th Court’s decision, an attorney for the Muscogee (Creek) Nation commented that tribal sovereignty “is not a license to destroy the sacred places and graves of other sovereign tribal nations.” The Muscogee contend the Poarch Band illegally excavated the remains of Muscogee ancestors to build the $246 million Wind Creek Casino and Hotel Wetumpka.
The Poarch Band argues it also has ancestral ties to Hickory Ground and has protected the site by setting aside the ceremonial ground and 17 acres for preservation. The Poarch Band has previously called the lawsuit an attack on its tribal sovereignty.
“As the case returns to the District Court, we remain confident in our position," said a Poarch Band spokesperson via email. "Our focus continues to be on protecting the interests of the Poarch Creek community and upholding our sovereign rights.”
Tribal gaming continues to grow in the US
The issue over the Wind Creek Casino and Hotel Wetumpka comes as tribal gaming continues to grow across the U.S. The National Indian Gaming Commission announced that tribal gaming revenue increased by 2.4% from fiscal year 2022 to 2023, hitting a new record.
Alabama is included in the D.C. region, which collected the second-most revenue out of the eight tribal gaming regions, $9.2 billion. Tribal gaming is expanding in other states, with California Governor Gavin Newsom recently signing new gaming compacts with three tribes.
However, not all tribes are benefiting from the gaming boom.
Oklahoma still lacks legal sports betting through Native American tribes as conversations between lawmakers and tribes continue to stall. Meanwhile, tribes in Colorado want to make online betting sites available at properties but are facing opposition from state officials.
