The State of Oklahoma has filed a suit against the Kialegee Tribe for starting construction of their Red Clay Casino  on Indian Reservation land near Broken Arrow. The casino construction is halted until the Supreme Court hears the case due to the lawsuit filed by Oklahoma. When the suit first stalled the construction the 10th Circuit Court of Appeals lifted the injunction. This occurred in December 2014.

The court rendered the decision on the Michigan v. Bay Mills Indian Community case stating the leader and tribe are protected by sovereign immunity. The State disagrees and contends that the appeals court cited a case that does not apply. This is why the state is asking the Supreme Court to get involved on the basis that the Indian Gaming Regulatory Act rules have been violated.

The Red Clay Casino is the subject of a recall effort by some members of the Muscogee (Creek) Nation to oust their Chief due to a possible conflict of interest in his advocating for the Kialegee casino.

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