Federal Appeals Court Revives Alabama Tribal Casino Lawsuit

The 11th US Circuit Court of Appeals revived a previous lawsuit filed by the Muscogee (Creek) Nation against the Poarch Band of Creek Indians for building a casino on what the former tribe says is sacred ceremonial ground.

Judges vacated a prior decision in 2021 to dismiss a lawsuit filed by the Muscogee (Creek) Nation against the Poarch Band of Creek Indians

A panel of three judges vacated a prior decision in 2021 to dismiss a lawsuit filed by the Muscogee (Creek) Nation against the Poarch Band of Creek Indians over the land known as Hickory Ground, the current site of one of the Poarch Band’s Wind Creek casinos.

The court determined that the trial judge must complete a “claim by claim” analysis of where the Poarch Band has sovereign immunity that prevents them from being sued.

“The Eleventh Circuit’s decision reaffirms our Nation’s sacred and historical ties to Hickory Ground, while also affirming our sovereign right to seek justice against federal agencies and other entities that violated the laws protecting this sacred land,” Principal Chief of the Muscogee (Creek) Nation David Hill said in a statement.

In a statement following the 11th Court’s decision, a lawyer for the Muscogee (Creek) Nation commented that tribal sovereignty “is not a license to destroy the sacred places and graves of other sovereign tribal nations.”

Muscogee say the Poarch Band illegally excavated the remains of Muscogee ancestors to build Wind Creek Casino and Hotel Wetumpka

Moreover, the Muscogee argue that the Poarch Band illegally excavated the remains of Muscogee ancestors to build the $246 million Wind Creek Casino and Hotel Wetumpka. The Poarch Band contend it also has ancestral ties to Hickory Ground and has protected the site by setting aside the ceremonial ground and 17 acres for preservation.

The Poarch Band is fighting the lawsuit to protect and uphold the tribe’s sovereign rights.

“As the case returns to the District Court, we remain confident in our position,” said a Poarch Band spokesperson via email. “Our focus continues to be on protecting the interests of the Poarch Creek community and upholding our sovereign rights.”

Of course, Alabama is included in the D.C. region. Per Mia Doyle of Covers, the D.C. region collected the second-most revenue out of the eight tribal gaming regions. According to the Annual Indian Gaming Cost of Doing Business Report, the region has generated $9.2 billion in revenue.