Another problem with that fake group. This is proof that these fake groups are not in it because they feel that they are actual Indians and deserve to be recognized for that. They are harmful greedy frauds that deserve to go to jail.
By Michael Finch II | mfinch@al.com
Fate of MOWA Choctaw gaming machines pushed back into state courtMOBILE, Alabama -- A federal judge pushed the court case involving the seizure of gambling machines owned by the MOWA Band of Choctaw Indians back into Mobile County Circuit Court after challenges to the state's authority faltered.
The tribe argued against the state's ability to seize and destroy 50 gaming machines that were carted away from the MOWA Choctaw Entertainment Center in November 2013 by the Mobile County Sheriff's Office.
Deputies raided their facility in Mount Vernon, hauling away the gambling machines, three computers and about $10,000 in cash.
During a forfeiture hearing, attorneys for the tribe invoked sovereign immunity, arguing the case could not be heard in state court because the judge lacked jurisdiction, forcing the legal proceedings into federal court.
U.S. Magistrate Judge Sonia F. Bivins disagreed. Her report and recommendation, dated July 3, will be reviewed by a federal court judge, who will decide how much of her reasoning will be made law.
Each party has up to 14 days to file objections.
Mobile District Attorney Ashley Rich said her office is working with the state Attorney General's Office on any legal proceedings going forward.
Sam Hill, attorney for both defendants, said the tribe and JLM Games Inc. plan to file objections, adding that the decision lacked an "overlay" of American Indian law.
Hill, who is also the tribal judge for the MOWA Choctaws, said certain "assumptions in Indian law" were not fully addressed.
"Was this order surprising? No. Was it disappointing? Yes," Hill said.
In her ruling, a 27-page analysis of the case, Bivins explained that the tribe could not challenge the state's authority on the basis of tribal immunity, one of the tribe's key claims.
The tribe also sought to dismiss the suit on the grounds that the Indian Gaming Regulation Act, the federal law that governs the three classes of gaming federally recognized tribes are allowed to provide, preempted the state's authority.
"Because IGRA's text unambiguously limits its scope to gaming by tribes that have obtained federal recognition," Bivins wrote, "the statute does not apply to tribal groups such as the MOWA Tribe who have not obtained such recognition from the Secretary of Interior."
Bivins also ruled against a claim made by the tribe that their civil rights were violated.
group.
http://www.al.com/business/index.ssf/2014/07/fate_of_mowa_choctaw_gaming_ma.html