Alabama Casino Battle Between Tribes Restarted by Appeals Court

The legal battle between two Native American Tribes in Alabama over a sacred burial ground that was used for the development of a casino continues following a Court of Appeals decision from Friday.

Court of Appeals Issues a Ruling on the Case
The legal dispute involves the Muscogee Creek Nation and the Poarch Band of Creek Indians. The former Tribe alleged that the latter desecrated a sacred burial ground known as Hickory Ground. The Poarch Band of Creek Indians used part of the land to develop a casino but disagreed with the allegations about the desecration of the land, arguing that it too had ancestral ties to Hickory Ground.

Previously, the lawsuit was dismissed by a judge, but the Muscogee Creek Nation appealed the decision. As reported by the Associated Press, the 11th US Circuit Court of Appeals restarted the legal battle after overturning a judge’s ruling that previously dismissed the lawsuit.

A three-judge panel with the higher court decided that a trial judge needs to conduct a “claim by claim” assessment of the case. This assessment is expected to determine whether or not the Poarch Band of Creek Indians in Alabama can be protected by legal action through sovereign immunity.

The Decision Marks an Important Victory for Muscogee Creek Nation
The latest development isn’t surprising considering that Native American Tribes have their own sovereign status which includes laws, regulations and courts. In other words, if a Tribe is protected under sovereign status, they may be shielded from legal action through US courts and would need to resolve such disputes in Tribal courts.

The Poarch Band of Creek Indians’ spokeswoman, Kristin Hellmich, reaffirmed the Tribe’s confidence with the return of the lawsuit to the District Court. “Our focus continues to be on protecting the interests of the Poarch Creek community and upholding our sovereign rights,” she explained.

On the other hand, the Muscogee Creek Nation’s principal chief, David Hill, spoke about the importance of the ruling of the court of appeals. Recognizing the decision as a landmark victory, the executive explained that the ruling “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.”

The Muscogee Creek Nation argues that the Poarch Band of Creek Indians had to exhume 57 bodies as well as a range of artifacts in order to build their casino. The former Tribe also argued that the remains and artifacts were not kept properly, adding further fuel to the fire.