Publication
Ute Mountain Ute Tribe Joins Gambling Suit Against Colorado
Earlier this summer, the Southern Ute Indian Tribe filed a lawsuit against Colorado’s Governor, Jared Polis, petitioning the Court for an injunction to prevent Colorado from interfering with the Southern Ute Indian Tribe’s sports betting activity. The suit is based on the interpretation of Colorado’s Tribal-State Compact, an agreement that governs the scope of tribal gaming in the State. Colorado has taken the position that to offer sports betting, the Tribe must apply for a state license, and that any operation of sports betting without a license would violate the law. In the Tribe’s view, Colorado’s insistence that the Tribe be licensed oversteps the State’s authority vis-à-vis tribal sovereignty and the expansive grant of gaming capabilities in the Tribal-State Compact.
The Ute Mountain Ute Tribe recently joined the Southern Ute Indian Tribe’s suit against the Governor. In the amended complaint filed on September 26, 2024, the Ute Mountain Ute Tribe separately alleges that it has invested “significant resources in preparation for the launch of its own online sports book,” but has been required to halt its efforts due to the Governor’s hostility.
It has now been five years since Colorado legalized sports betting. The complaint alleges that the Ute Tribes are fighting against the proposed 10 percent revenue assessment that Colorado seeks to impose for the privilege of sports betting. The requested relief is (1) a declaratory judgment that the two Tribes’ proposed sports betting activities comply with all relevant laws, (2) an injunction against Colorado to prohibit it from interfering with the two Tribes’ sports betting enterprises, and (3) an award of costs and attorneys’ fees expended in connection with the suit. Colorado has not yet filed an answer or otherwise responded to the complaint.
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