Decision made

The Oklahoma Supreme Court ruled on Tuesday that Governor Kevin Stitt overstepped his authority when coming to a gambling agreement with two Native American tribes in the state.?

The court ruled 7-1 that the gambling compacts that Stitt signed with the Otoe-Missouria Tribe and Comanche Nation are “invalid under Oklahoma law.”

As part of these compacts, the tribes would be able to open sportsbooks as well as offer tables games and house-banked card games. They would also have the ability to build casinos that are closer to areas with large populations in return for the state getting a higher revenue share from the new properties. The US Department of the Interior approved the compacts by default back in June after it let the 45-day review period expire.?

Governor Stitt exceeded his authority in entering into the tribal gaming compacts”

As the state legislature has not yet approved sports betting, these compacts cannot be valid. The court wrote: “The court must, therefore, conclude Governor Stitt exceeded his authority in entering into the tribal gaming compacts with the Comanche Nation and Otoe-Missouria Tribe that included Class III gaming prohibited by the State-Tribal Gaming Act.”

Reaction to the ruling

Otoe-Missouria Tribe chairman John R. Shotton argued that the Oklahoma Supreme Court does not have the necessary jurisdiction to make the tribal compact invalid.

this condition was in the compact and was ignored by the court.

Shotton outlined how the tribe did not plan to offer sports betting, table games, and house-banked card games until state law authorized these activities. He said that this condition was in the compact and was ignored by the court.?

Governor Stitt says that the decision by the court means that a lot of work needs to be done in the state with the tribes. This comes on the back of a US Supreme Court ruling that said much of eastern Oklahoma is still considered an American Indian reservation. Stitt said that the entire gaming framework needs to be reviewed.?

Other issues to consider

Governor Stitt is still embroiled in a legal dispute with many other gaming tribes in Oklahoma. This started when three of the most powerful tribes in the state filed a lawsuit against the governor towards the end of 2019. 

The Choctaw, Chickasaw, and Cherokee nations believe that the gaming compacts that were signed 15 years previously should have been automatically renewed on January 1 for another 15 years as all conditions were met.?Governor Stitt believes that these compacts expired.