Maine Wabanaki tribes defend gambling rights in Oxford lawsuit

"Maine's four Wabanaki Nations are asking a federal judge to throw out Oxford Casino's challenge to the state's new internet gaming law, arguing the measure is grounded in tribal sovereignty and Maine's longstanding legal agreements with federally recognized tribes."

"Oxford Casino, BB Development LLC and Churchill Downs Incorporated sued the state after the law took effect. The casino operators argue Maine created an unconstitutional monopoly by limiting online gaming licenses to the tribes alone. They claim the law violates equal protection protections and the Dormant Commerce Clause by excluding non-tribal businesses, including out-of-state companies."

""From the Founding to today, the Supreme Court has recognized that tribal nations are sovereign governments, not racial groups," the motion states. "For equal protection purposes, that means laws like the Act that benefit tribal nations draw political classifications-not racial ones.""

"The tribes argued federal courts have consistently treated federally recognized tribes as sovereign political entities rather than racial classifications. Because of that distinction, they said the law should be reviewed under the more deferential rational basis standard instead of strict scrutiny."

Maine’s four Wabanaki Nations asked a federal judge to dismiss Oxford Casino’s challenge to the state’s new internet gaming law. The Nations argued the law is grounded in tribal sovereignty and in Maine’s longstanding legal agreements with federally recognized tribes. The Economic Opportunity Act signed by Gov. Janet Mills authorizes each of the Houlton Band of Maliseet Indians, Mi’kmaq Nation, Passamaquoddy Tribe, and Penobscot Nation to receive one internet gaming license and partner with outside operators. Oxford Casino, BB Development LLC, and Churchill Downs Incorporated sued after the law took effect, claiming it creates an unconstitutional monopoly and violates equal protection and the Dormant Commerce Clause by limiting licenses to tribes. The Nations rejected those claims, arguing tribal nations are sovereign governments rather than racial groups and that the law should receive rational basis review.

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