A Progress Report on the Coeur d'Alene Tria

5 October 1999
Interactive Gaming News recently caught up with the Missouri Attorney General's office for a progress report on the Missouri vs. Coeur d'Alene Indians lawsuit. The latest news from the Show Me State came last month when a federal judge remanded the case back to Missouri courts.

Since 1997, Missouri Attorney General Jay Nixon has been trying to block the Coeur d'Alene tribe from offering its online lottery to Missouri residents. The tribe's online lottery has been shut down pending the outcome of the case, which has bounced about the courts for two years. Here's where it stands now:

  • Cases are being heard in two circuits: Jackson County and Madison County. They might be consolidated, or one of the two might be dropped.

  • The charge against the tribe--unlawful merchandizing--is consumer fraud-related rather than gambling-related.

  • Nixon rejected a settlement proposed by the tribe in which it agreed to post a note on its site specifying that the lottery is off limits to Missouri citizens.

  • By law, the tribe must cover the court costs for the recent action in federal court because it was on the losing end of U.S. district Judge Howard Sachs' decision to remand the case to Missouri courts.

  • Judge Sachs agreed that the Indian Gaming Regulatory Act does not preempt state action.

  • The state is considering asking the tribe to refund Missouri residents who have purchased lottery tickets. The amount of money wagered by Missouri residents is believed to be tens of thousands of dollars.