Update: On May 7, the?Oklahoma Indian Gaming Association suspended the?membership of the Otoe-Missouri Tribe?and?the Comanche Nation in light of the new tribal gaming compacts signed.

Governor Stitt’s authority in doubt

Oklahoma Attorney General (AG) Mike Hunter has questioned the authority of Governor Kevin Stitt in entering tribal gaming compacts that allow gambling activities that are not currently legal in the state. Hunter issued a formal opinion as requested by the state Senate and House leaders following Stitt’s announcement of two such tribal gaming deals in April.

The AG has called on the United States Secretary of the Interior, David Bernhardt, to not accept the new agreements. He claims that they do not fall under the Indian Gaming Regulatory Act and therefore have to be determined through state law. 

AG Hunter outlines his reasoning

In his letter to the legislative leaders, Hunter said: “Because the Governor lacks authority to ‘enter into’ the agreements he has sent to you, those agreements fail to meet the requirements of IGRA to constitute a valid gaming compact under federal law.”

this method of entering into gaming compacts contravenes state statute

He maintained that this method of entering into gaming compacts contravenes state statute and is a major concern for the constitutional structure of Oklahoma. Therefore, Hunter sees it as being “a matter of state law.”

The AG is also of the opinion that the two compacts Stitt has agreed to date will ultimately harm the relationship the state has with its tribes. He believes that if the federal government approves these agreements, there will be even more uncertainty and confusion about how state-tribal relations should be conducted. 

Two compacts signed last month

Governor Stitt reached state-tribal gaming deals with the Otoe-Missouri and Comanche Nation tribes in April. The agreements would be in place for 15 years if they got approval from the US Department of the Interior. A signing ceremony involving Stitt and the tribe leaders took place at the State Capitol.

agreements would be in place for 15 years if they got approval

The compacts allow the tribes to offer sports betting, an activity that is not currently permitted under state law. They also enable them to open new casinos in certain regions.

Others question legal basis of deals

Several key figures instantly questioned the legal basis for the tribal compacts alongside Hunter. Among these, the Oklahoma Indian Gaming Association’s chairman Matt Morgan does not believe Stitt has the legal authority to allow new casinos to be built or sports betting to be offered without first obtaining the legislature’s approval. 

The state and its tribes have been involved in legal action since the previous compacts expired at the end of 2019.