The Coeur d’Alene Tribe says it will immediately file a motion to stay Judge Lynn Winmill’s ruling today granting an injunction ordering the tribe to shut down the poker room at its Worley casino, and will file an emergency appeal to the 9^th Circuit U.S. Court of Appeals. “We still believe that we have valid legal arguments under federal law for offering poker at our casino and the court’s decision did not fully consider some of those arguments,” said tribal attorney Eric Van Orden.

Helo Hancock, tribal legislative affairs director, said the tribe didn’t decide against arbitration and didn’t want to litigate the issue. “It appears there may be a misunderstanding by the court,” he said. “Because our compact is clear that it is the aggrieved party that is supposed to file or provide notice of their intent to arbitrate. And we’re not the aggrieved party. We don’t think we’re doing anything wrong. We think we’re well within our rights. It was the state who sued us, and accordingly it would be the state’s responsibility as the aggrieved party to file notice of their intent to arbitrate. That really isn’t on the tribe.”

Hancock said that issue will be addressed in the motions the tribe will file today both with the U.S. District Court and the 9^th Circuit. “They’re being drafted now,” he said. Casino officials are awaiting advice from counsel on whether the poker room will stay open or not as the emergency appeal is filed.

Chief Allan, tribal chairman, said, “Obviously, we’re very disappointed in Judge Winmill’s decision. Poker is so widely played across the state by so many different people and organizations that it sounds ridiculous to say that everyone playing poker in the State of Idaho is breaking the law, but that is what this decision says.”