Appeals Court Reignites Tribal Casino Dispute in Alabama
A federal appeals court has given new life to a tribal lawsuit on ancestral land.
The Muscogee Nation and Poarch Band are locked in a legal dispute over Hickory Ground.
LISTEN TO THIS ARTICLE:The 11th U.S. Circuit Court of Appeals has overturned a lower court's ruling that dismissed the Muscogee (Creek) Nation's lawsuit challenging the construction of a casino in Alabama.
The three-judge panel instructed the trial judge to examine each claim individually to determine whether officials from the Poarch Band of Creek Indians in Alabama are entitled to sovereign immunity, shielding them from litigation.
The Muscogee Nation and Poarch Band are locked in a legal dispute over Hickory Ground, a sacred site and former Muscogee home, before their relocation to Oklahoma. Now, the location hosts a Wind Creek casino. In the lawsuit, the Muscogee Nation alleged wrongdoing by Poarch officials, the Department of the Interior, and other parties over graves excavation and the development of the site.
The Muscogee Nation's lawsuit asserts claims of misconduct against Poarch Band officials, the Department of the Interior, and additional defendants stemming from the excavation of ancestral graves and unauthorized development of the sacred Hickory Ground site.
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.
The Muscogee Nation contends that Poarch tribal officials breached a contractual obligation to preserve the site when they acquired it in 1980 with assistance from a historic preservation grant. Legal counsel for the tribe attorney, Mary Kathryn Nagle, stated that the ruling underscores the principle that tribal sovereignty does not grant carte blanche to desecrate the sacred sites and graves of other sovereign tribal nations.
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However, the Poarch Band defends its Hickory Ground stewardship and sovereignty, citing its ancestral ties to the site. The tribe also states that it preserved the site by setting aside the ceremonial ground and an additional 17 acres for permanent protection. The Poarch Band views the lawsuit as an attack on its sovereignty, comparing it to Alabama aiming to control land in another state.
As the case returns to the District Court, we remain confident in our position. Our focus continues to be on protecting the interests of the Poarch Creek community and upholding our sovereign rights.
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