TULSA (AP) — A small Oklahoma Indian tribe that hoped to open a casino in a Tulsa suburb is asking a federal judge to allow it to build a sports bar and music venue on the site instead.
The 350-member Kialegee Tribal Town filed the request Wednesday in Tulsa federal court, asking U.S. District Judge Gregory K. Frizzell to modify his May 18 injunction forbidding the tribe from building on a 20-acre parcel in Broken Arrow.
Attorneys for the tribe argue in the five-page document that the building can serve as a "sports bar/restaurant" combination and that "additional space can be altered to be used as a venue for music and entertainment, including country western music."
Before Frizzell halted construction at the site, developers had been building what they hoped would become the Red Clay Casino. Kialegee attorney Dennis Whittlesey said Thursday that the building plan could easily be adjusted to allow for a sports bar and restaurant.
"The judge has indicated that it could never be used for gaming, so rather than dwell on that, the tribe and the developers determined that there were legitimate uses," Whittlesey said.
Additionally, the tribe's filing states that the two sisters who own the property have asked developers to provide "an asphalt surface over the access area and parking surface to allow the interim uses of a portion of the site, including use as a fireworks stand and a smoke shop."
Backers broke ground on the casino project late last year and had trucked in several pre-fabricated buildings to temporarily house slot machines. The casino was scheduled to open around Labor Day in the conservative community of nearly 100,000.
But the project drew strong opposition from thousands of residents, church leaders and local lawmakers. In February, Attorney General Scott Pruitt sued the Kialegee, accusing the southeastern Oklahoma tribe of moving ahead with construction without approval from the National Indian Gaming Commission. Last week, the commission ruled the site was ineligible for gambling.
On May 18, Frizzell found the tribe didn't have jurisdiction to build its casino, ruling that the land belonged to two members of the Muscogee Creek Nation, not the Kialegee.
The Kialegee said in their motion Wednesday that the two owners have since been enrolled as members of Kialegee Tribal Town, a point that drew skepticism from some casino opponents who feared the Kialegee were trying for another way to eventually bring gaming to the site.
"We're good with it if it was only going to be a sports bar-slash-restaurant, but I think there are some ulterior motives," said Jared Cawley, an attorney and co-founder of Citizens Against Neighborhood Gaming in Broken Arrow. "The federal court's going to see through what they are trying to do."
State News
June 4, 2012
Kialegee ask for sports bar
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