- Associated Press - Wednesday, March 2, 2016

TOPEKA, Kan. (AP) - An attorney for the Quapaw tribe has agreed in federal court documents that the tribe’s gambling lawsuit against Kansas should be dismissed.

The tribe, which operates Downstream Casino Resort in Oklahoma, sued Kansas in January, asking that a judge order the state to negotiate an agreement with the tribe within 60 days that would allow it to offer casino gaming in Kansas.

The tribe’s attorneys wrote in documents filed Monday that the lawsuit should be dismissed because of “controlling law” that includes a 1996 U.S. Supreme Court case about the Seminole tribe and the state of Florida.

That decision cited the 11th Amendment to the U.S. Constitution, which generally grants states immunity against lawsuits filed in federal court without their consent.

Attorneys for Kansas said in court documents that the Quapaw lawsuit “flies directly in the face of well-established U.S. Supreme Court precedent.”

The lawsuit could still pave the way for the tribe to ask the secretary of the Department of the Interior to issue guidelines for casino gaming on the Kansas side of Downstream’s property. Currently, the Kansas side of the resort’s property is used for parking lots.

However, Kansas Attorney General’s office spokesman Clint Blaes says they “will continue to oppose efforts to commence gaming on this land taken into trust for non-gaming purposes.”

A Downstream spokesman declined to comment to The Joplin Globe (http://bit.ly/1OPCH1v ).



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