Oklahoma Governor Kevin Stitt is fighting with his state’s tribal gaming interests and losing every case he brings. Governor Stitt’s lousy track record in the court room stems from his belief that he can change the terms of a 2004 gambling compact without the permission of the tribes or his fellow lawmakers. Earlier this week, the Oklahoma Supreme Court joined a growing list of legal bodies that have told the Governor he’s got to play nice with the tribes.
At the center of the battle is Governor Stitt’s desire to raise more tax revenue to help his fend off a looming pandemic-induced budget deficit. The Republican’s desire to raise taxes only went so far as the nearest Indian reservation and their nascent tribal gaming interests. Since the state’s gambling compact expired at the beginning of 2020, the Governor figured he could unilaterally renegotiate its terms and raise fees on the Indians.
Unfortunately for Stitt, the tribes he should have been negotiating with – Kialegee Tribal Town and the United Keetoowah Band of Cherokee Indians, were familiar with the entirety of US history and came in with their legal guns blazing. They pointed out that Stitt simply didn’t have the legal authority to change the compact and that could only be done by a legislative committee. The legislators who should have been on the committee in the first place agreed, and so has every court that’s heard the case since.
Oklahoma Indian Gaming Authority, Chairman Matt Morgan in a statement reported on by KOSU radio lauded the decision from the Oklahoma Supreme Court saying, “The Executive branch’s action in entering into the new compacts with the United Keetoowah Band of Cherokee Indians and the Kialegee Tribal Town – containing different terms than the Model Gaming Compact and without approval from the Joint Committee – disrupts the proper balance between the Executive and Legislative branches.”
Governor Stitt has promised to negotiate with tribal gaming interests, but has also made clear his desire to squeeze more taxes out of them, too.