The 6th U.S. Circuit Court of Appeals in Cincinnati overturned a federal judge, who upheld a Detroit ordinance that issued licenses for casinos.
The 2-1 ruling said that Detroit’s ordinance gave preferential treatment to Greektown Casino and Atwater Entertainment Associates to place initiatives on the statewide ballot.
“By employing the preference, Detroit basically sought to end the high-stakes competition for two of the three Detroit casino licenses before it really began,” Chief Judge Boyce F. Martin wrote in the majority opinion.
The Lac Vieux Desert Band of Lake Superior Chippewa Indians argued that the ordinance discriminated against the tribe for failing to take the correct position in the political debate over legalizing off-reservation gambling.
The third casino, MGM Grand, did not have preferential status.
Tiguas face Texans
The battle between the Tigua tribe and the state of Texas reached the 5th U.S. Circuit Court of Appeals in New Orleans this week.
The state is arguing that the Indian tribe agreed to follow Texas law and claims that the Speaking Rock Casino violates that law. Attorneys for the Tiguas argue that the state already allows gambling on tribal lands through the Texas lottery law.
Both the attorney general’s office and the Tiguas have said they will take the case to the U.S. Supreme Court if either loses.