Stitt asks Federal Court to allow four new gaming compacts deemed illegal in state court

TULSA, Okla. — Attorneys for Oklahoma Governor Kevin Stitt argue in new filings four new tribal gaming compacts the governor signed back in 2020 are legal because of a U.S. Department of Interior decision they say overrides state court rulings.

In new legal briefs filed Friday afternoon in Washington D.C., Stitt’s new outside legal counsel brought on to try to dismiss a challenge by numerous tribes states that even though a challenge was happening at the state level, the Secretary of Interior had 45 days to review the new compacts the state entered into between four tribes outside the original tribal gaming compact.

The 45-day challenge period at the Federal level passed without issue, and in the eyes of the Federal government, Stitt’s attorneys argue, the compacts took effect regardless of any legal challenges.

“Subsequent state-law decisions about the compact’s validity thus do not present a basis for attacking the Secretary’s approval,” new court documents state.

Stitt’s attorneys are not only hoping for a dismissal of the suit against his four new gaming compacts with the Otoe-Missouria, the Kialegee Tribal Town, the United Keetoowah Band of Cherokee Indians, and the Comanche Nation, but they are arguing the compacts are in effect and the tribes should be allowed to continue to build their own casinos despite rulings from the Oklahoma State Supreme Court.

“An after-the-fact state-law decision like the Treat cases cannot unwind an approved compact that has gone into effect under federal law,” the new court filings state.

The 45-day approval period that passed while things were in limbo in 2020 was a point of contention, Oklahoma Indian Gaming Association President Matthew Morgan told FOX23 News last month was something the Federal court needed to clear up.

“There are some questions there as to that 45-day approval process, but this does feel like a last minute Hail Mary pass from a losing team,” Morgan said.

Morgan said Stitt has lost on this issue numerous times in state court, including being told he could enter into new compacts without approval from the state legislature.

“My worry is if the governor is allowed in future matters to go outside of the bounds of his constitutional authority, and the Federal government does not have a mechanism or a way to pull those back, we could be left in precarious situations going forward with any compacts,” he said last month.

The Cherokee Nation Attorney General Sara Hill said last month when a letter notifying the court of new filings:

The Oklahoma Supreme Court made it clear that the compacts he’s defending were void a long time ago. I cannot understand why more taxpayer dollars should be used to prop up the actions of the governor when he won’t even accept the judgement of the state’s own courts.

Another point of contention is in some of the new compacts Stitt entered into in 2020 is the permitting of sports betting in some of the new compacts, something that is not currently permitted under state law.

Stitt’s counsel argued that sports wagering will not be allowed at those places until it is legalized by the Oklahoma state legislature, but they were included in the original agreement so there would be no need to come back and amend the compacts at a later date if sports wagering is ever legalized in Oklahoma.

In a final argument, Stitt’s counsel argued that even if the court rules certain portions of the four new gaming compacts invalid, they hope that other parts would remain intact and in effect so the four tribes could establish their gaming operations.

FOX23 reached out the the governor’s office for comment on the new filings and was told the filings speak for themselves as to where the governor’s office stands.