BROKEN ARROW, Okla. - Attorney General Scott Pruitt submitted a federal lawsuit against the proposed construction of Red Clay Casino earlier today.
The court will officially file the case Wednesday.
The lawsuit, submitted in the Northern Di strict of Oklahoma, cites the tribe's failure to get federal approval of a lease for the property.
"No one, tribal or otherwise, is above state or federal laws," Pruitt said. "The Kialegees do not have the authority to pick and choose which steps to follow in the federal or state approval process of establishing casinos. The complaint filed today is to protect the interests of Oklahoma and its citizens, and ensure the rule of law is being followed."
The absence of lease approval and lack of jurisdiction over the land violates the state compact's requirements for Indian gaming, Pruitt said.
Until Class III gaming operates on the site, the tribe is not violating the tribal-state compact, said Kialegee tribe attorney Dennis Whittlesey.
"The lawsuit is premature and the best the attorney general can hope for is it will be stayed," he said. "We are a long way from any gaming starting, but we'll continue construction."
The 21-page suit names King Hobia, Florence Development Partners, First Warrior Thomas Givens and members of the tribe's business committee as defendants.
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