Wisconsin Supreme split on gaming suit
Case headed back to Appeals Courts

On March 20, 2004 members of the Wisconsin State Supreme Court were split on a decision that questioned whether or not Indian gaming was legal in Wisconsin.  Kenosha’s Dairyland Greyhound Park filed the suit in 2001 trying to prevent the renewal of compacts that allowed American Indian tribes to operate casinos.  Owners of the track argued that a 1993 amendment to the State Constitution outlawed casino gaming.

With the Court deadlocked 3-3 (Justice Jon Wilcox did not participate), the case now heads back to the 4^th District Court of Appeals, who earlier passed on the case.  One of justices supporting the Dairyland case not be dismissed was Diane Sykes, who currently awaits U.S. Senate approval for a seat on the 7^th Circuit U.S. Court of Appeals.  If Sykes leaves the Wisconsin Supreme Court, Governor Jim Doyle, a supporter of Indian gaming, would appoint her replacement.

Administration Secretary Marc Marotta acknowledged that he was surprised by the decision.  Should Dairyland prevail, he said the state’s tourism industry would be harmed along with the state budget that relies on the compact monies paid by the tribes.  He is also concerned that there are 35,000 jobs in the state associated with Indian gaming.  There are real Wisconsin residents who could be impacted by this decision, he said.

Though some argue that tribal sovereignty rights would prohibit the closing the of the casinos, Jeff Crawford, an attorney for the Forest County Potawatomi, stated, “the threat is very real.”  He added, “Indian gaming in Wisconsin is in grave danger.”

No timetable has been set for the Court of Appeals to hear the case.