State of Wisconsin v. Ho-Chunk Nation

Dist Ct. erred in granting plaintiff’s motion for summary judgment in action seeking injunction against defendant-Ho-Chunk Nation from conducting nonbanked poker games within its tribal casinos, where plaintiff alleged that nonbanked poker was Class III game. Record showed that nonbanked poker was Class II game, and as such defendant had authority under its compact with plaintiff to offer such game without securing plaintiff’s authority. Ct. further noted that because poker was not explicitly prohibited by Wisconsin law, plaintiff could not prevent defendant or any other Indian tribe from offering poker on tribe’s sovereign lands.