GroundReport | New Mexico | Apaches Still Fighting, But Losing the War in New Mexico

Apaches Still Fighting, But Losing the War in New Mexico

Betty McMahon August 14, 2008

It has not been a good year for the Apaches in New Mexico. After losing more battles in their war to open a casino near Deming, a betting person would give the odds to the State being victorious in the end.

State officials, led by none other than Gov. Bill Richardson, are pursuing the Apaches with the zeal of a frontier general, but the tribe continues to resist with the will of a Geronimo.

The tribe is counting on a convoluted interpretation of a legal decision in Oklahoma to give them rights they feel they can transfer to 30 acres they own in New Mexico. (See Ground Report background stories: Governor Richardson Challenges Apaches in New Mexico and Apaches Routed by the Feds in New Mexico.)

The tribe built the casino under the auspices of a 2007 federal agreement, but did so against the wishes of New Mexico officials who actively oppose the casino and have suggested legal action, instituted a physical blockade, and used other measures to keep gaming out of Akela. The casino's restaurant and tobacco store are both open.

The casino building is a shell of its earlier self, as the bingo machines that once marched in rows across the carpet have been sent back to the distributors. Tribal officials claim the companies were pressured by the Governor's office not to lease machines to the tribe.

Tribe Ups the Ante

In defiance, the tribe hosted an invitation-only poker tournament in late June. The US government didn't take this lying down. The National Indian Gaming Commission (NIGC) issued a subpoena to the Fort Sill tribe demanding complete details of the poker event: total number and identities of each participant; names of tribal officials who ran the activity; fees paid by each recipient; receipts for prizes paid; and video surveillance and still photos of the event.

Hosting the tournament was a strategy by which the Indians intended to force legal action against them so they could in turn sue in their efforts to fully open the casino. That desire seemed to have been granted with the issuance of the subpoena.

The tribe refused to supply the requested information pending formal, written assurances that the information would not be shared with New Mexico state authorities. The tribe maintains that New Mexico has no authority over the Akela operation and that, despite the federal nature of the subpoena, the action was really taken at the behest of the state. According to Tribal Chairman Jeff Houser, "State officials have claimed that they are working with the Federal Government and that possible indictments could result from the activities on our lands. Soon after we heard news of the State's actions, we received the document request from the NIGC."

Houser's response also touched on Indian land rights in Oklahoma, stated that "selective enforcement" was practiced by the NIGC based on political affiliation, and that the state of New Mexico's officials crossed state lines to obtain information connected to the Fort Sill operation and "tried to intimidate the press into releasing information in violation of the First Amendment."

The War's Not Over

That was in July. In the latest skirmish, an Oklahoma federal judge denied the Fort Sill Apache Tribe's request for an order that the tribe hoped would help their cause. They had asked for an order that would enforce a 2007 settlement between the tribe and the federal government.

In still another setback, the Bureau of Indian Affairs is insisting on an environmental assessment of its proposed activities at the site. Undaunted, Houser said the assessment will be done before the end of the year.

The tribe is simply not backing down, but unless it has a significant ace up its sleeve, the Apaches may soon have to cash in their chips.