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Coeur D'Alene Tribe, and Kootenai Tribe of Idaho Nez Perce Tribe v. State of Idaho

Citations: 51 F.3d 876; 95 Cal. Daily Op. Serv. 2476; 1995 U.S. App. LEXIS 7614; 1995 WL 148286Docket: 94-35238

Court: Court of Appeals for the Ninth Circuit; April 6, 1995; Federal Appellate Court

Narrative Opinion Summary

The United States Court of Appeals for the Ninth Circuit affirmed the District Court's judgment in the case involving the Coeur D'Alene Tribe and the State of Idaho. The court's decision is based primarily on the reasoning provided in the District Court's published opinion, as well as the precedent established in Rumsey Indian Rancheria of Wintun Indians v. Wilson. In Rumsey, it was determined that the Indian Gaming Regulatory Act permits Class III gaming on Indian lands only if such activities are allowed by the state. Since Idaho does not permit Class III gaming activities, the Coeur D'Alene Tribe is not entitled to engage in those activities, and the state is not obligated to negotiate regarding them. The ruling thus reinforces the limitation on tribal gaming rights in states that do not authorize such activities. The decision is affirmed.

Legal Issues Addressed

Indian Gaming Regulatory Act and Class III Gaming

Application: The court applied the principle that the Indian Gaming Regulatory Act allows Class III gaming on Indian lands only if the state permits such activities.

Reasoning: In Rumsey, it was determined that the Indian Gaming Regulatory Act permits Class III gaming on Indian lands only if such activities are allowed by the state.

Precedent in Tribal Gaming Rights

Application: The court relied on the precedent set by Rumsey Indian Rancheria of Wintun Indians v. Wilson to support its decision, reinforcing the limitations on tribal gaming rights in states that do not authorize such activities.

Reasoning: The court's decision is based primarily on the reasoning provided in the District Court's published opinion, as well as the precedent established in Rumsey Indian Rancheria of Wintun Indians v. Wilson.

State Authority Over Gaming Activities

Application: The ruling confirmed that the State of Idaho is not obligated to negotiate with the Coeur D'Alene Tribe regarding Class III gaming activities, as Idaho does not permit such activities.

Reasoning: Since Idaho does not permit Class III gaming activities, the Coeur D'Alene Tribe is not entitled to engage in those activities, and the state is not obligated to negotiate regarding them.