TULSA, Okla. -- Some American Indian tribes that operate casinos in Oklahoma disagree with an Oklahoma Supreme Court ruling in a lawsuit against a tribe that claims a woman's injuries were caused when an intoxicated casino patron crashed into her.
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By a 7-2 vote Tuesday, the Supreme Court overturned previous rulings by a Pottawatomie County district judge and the Oklahoma Court of Civil Appeals. Both of the lower courts had dismissed the case based on tribal sovereign immunity.
The lawsuit stems from an April 2004 car accident along State Highway 9 in Pottawatomie County in which Little Axe teacher Shatona Bittle was seriously injured. Bittle's attorneys argued the driver who caused the crash, Valentine Bahe, had been drinking at the nearby Thunderbird Casino, which is owned by the Absentee Shawnee Tribe of Oklahoma.
Bahe died in the crash.
The decision did not address the merits of the case, which was ordered back to the district court for consideration.
Supreme Court Chief Justice Joseph Watt said the tribe's claim to sovereign immunity was waived when it agreed to be bound by a state law that allows for the casino to be licensed to sell liquor by the drink.
Osage Nation attorney Gary Pitchlynn said that reasoning was "juvenile." He said tribal agreements with governments cannot wipe away a tribe's sovereign immunity.
"A waiver of sovereign immunity has to be clear and explicit," Pitchlynn said. "I can guarantee you that if tribes signed away their immunity when entering compacts, then there would be no compacts by any tribe with the state."
He suggested that federal courts eventually could decide the questions raised by the state Supreme Court ruling.
Cherokee Nation spokesman Mike Miller said the Tahlequah-based tribe disagrees with the ruling but that it shouldn't immediately affect its casino operations.
He said a policy is in place at Cherokee casinos to not serve alcohol to visibly intoxicated customers.
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Wow, I haven't heard the "stupid pie hole" line since, what, "Back to the Future III"???
Allow me to repost the answer: Ah, I guess I should have looked a little harder at your post of 3:44 pm for my answer, where nocona from santa fe wrote: "Me no speekum with forked tongue"_____So, playing up to an ancient, ugly stereotype of how American Indians talk is your latest foray into racial slander on this forum. I guess my question below - "does the employment of ugly racial epithets still make up part of your regular posting practice?" - has been answered, and before I even asked it. The answer is yes.
nocona from santa fe, aka todd from Norman, aka haskell from randlett, aka mary from OKC, aka linda from cyril, aka a dozen other silly pseudonyms, when are you going to stop employing ugly racial slurs against American Indians, Italian Americans, and other ethnic groups in your posts on this forum? Or are you going to continue employing racial epithets on a regular basis?
Sovereignty is a law that the U.S. agreed on. Not a Convenience. You racist fools would be suing every chance you had. Nothing you can do about it. Why can't tribes have it their way? why can't it benefit them? It's “You can’t eat your cake and have it too,”
Clothing lines, arts and crafts, construction, gas stations, office supplies, tribal colleges, museums/ visitor centers, printing co. etc... you'll only believe what you want. And, yes some of the casinos make a lot of money too. So, what. We are helping to keep this poor state afloat. Native America and what it has to offer is the biggest draw to the state for tourist$$$. Me no speekum with forked tongue. "Outlaw"
Kirby you are just as ignorant and uninformed like the rest of them. Stereotyping Natives because of your own sad existance. Shut your stupid pie hole.
Does anyone know if this ruling will affect the case where a couple were injured actually on casino property? They were arguing the same thing at that incident then, that the casinos were exempt from state tort law because they were sovereign. A district court ruled the couple had the right to sue the tribe. The tribe said they offered them a nice settlement but the victims wanted more than the amount the tribe was offering. I haven't seen any new reports on that case. I would like to think that if I visited the Fire Lake casino, and a sign fell on my head, that I would be protected not only by state tort laws but also OSHA rules.
If they don't want to accept the liability for serving alcohol, they should stop serving. It's against the law to sell or serve alcohol to people who are visibly intoxicated.
nocona from santa fe wrote: "REDSKINS, SAVAGES, ILLINI, INDIAN, BRAVES, WETBACKS, JUNGLEBUNNIES, WHITETRASH, TRAILERTRASH, SPICKS, WOPS, ETC....funny? MR. Jessie Jackson AKA Jason from Edmond. Sioux Me."_____todd from Norman, aka nocona from santa fe and all the rest, thank you for providing such a clear-cut example of your own desperate need for professional mental help, and cabinet-full of medications. Truly pitiful.
Edmond man pleads guilty to pornography charges
By Jay F. Marks
Staff Writer
An Edmond man is facing up to 80 years in prison after pleading guilty today to child pornography charges.
Jason Adam Fly is due back in court Feb. 20 for sentencing.
Staff Writer
An Edmond man is facing up to 80 years in prison after pleading guilty today to child pornography charges.
Jason Adam Fly is due back in court Feb. 20 for sentencing.
The indians can pay for their evil doings just like everyone else, however, they should stop getting any federal money since they have enough to open casinos and advertise who they are on tv, they clearly dont need any more mooch money from us real americans.
Allow me to repost the answer: Ah, I guess I should have looked a little harder at your post of 3:44 pm for my answer, where nocona from santa fe wrote: "Me no speekum with forked tongue"_____So, playing up to an ancient, ugly stereotype of how American Indians talk is your latest foray into racial slander on this forum. I guess my question below - "does the employment of ugly racial epithets still make up part of your regular posting practice?" - has been answered, and before I even asked it. The answer is yes.
nocona from santa fe, aka todd from Norman, aka haskell from randlett, aka mary from OKC, aka linda from cyril, aka a dozen other silly pseudonyms, when are you going to stop employing ugly racial slurs against American Indians, Italian Americans, and other ethnic groups in your posts on this forum? Or are you going to continue employing racial epithets on a regular basis?
Sorry. I did not finish my thought. This could drag out for some time. Whatever, if anything, this woman wins in a lawsuit, she will have to pay her lawyer and she will also have to pay taxes on the full amount. She cannot deduct her attorney fees from whatever she receives. I have known people who wind up with nothing, and sometimes not even enough to pay those taxes.
Sovereignty is a law that the U.S. agreed on. Not a Convenience. You racist fools would be suing every chance you had. Nothing you can do about it. Why can't tribes have it their way? why can't it benefit them?
It's “You can’t eat your cake and have it too,”
Ada huh Outlaw? So you know your town would be pretty desolate without all those darn Chickasaws running around. I don't know know if the casino should be responsible or not, if the courts see that they are so be it. I just think Shatona is trying to cash in on some of the tribes $$. Perhaps she should apply at Noble, surely they pay teachers better than Little Axe.
I ask my friends son who is a licensed bartender what the law in on this. He said if he served a person that was clearly intoxicated he and his employer could be sued. Also, my husband owns a business and every Christmas we had a big party at our house. We found out if we allowed a person to leave our house drunk or impaired and they had a accident we could be sued. Indian casino's serving alchohol are thought to be exempt. Or if the accident happened on Indian land.
37 O.S. § 3-537 says no person shall "sell, deliver or knowingly furnish alcoholic beverages to an intoxicated person or to any person who has been adjudged insane or mentally deficient." And just because the Chickasaws have hired someone does not relieve them on responsibility pursuant to 37 O.S. § 3-596: "Each bottle club or mixed beverage, beer and wine, caterer or special event licensee shall be held responsible for violation of any alcoholic beverage law or administrative rule of the Alcoholic Beverage Laws Enforcement Commission affecting his license privileges and for any act or omission of his servant, agent, employee or representative in violation of any law, municipal ordinance or administrative rule affecting his license privileges."
I think the casino has all his money nocona, that's why she's suing. And believe me, I think our state would be a lot better off if we didn't have the casinos, they're a sucker bet in my mind.
Anyway, I feel bad for the lady, but shouldn't insurance cover some of her $$ problems. Just her luck his DrunkAzz died. Can she sue the family if he had insurance?
And I believe that you can sue a business that serves someone who is drunk, it's been done before. I don't know if it's right, but it can be done. I like your idea Scott, I look forward to seeing how it turns out.
The Chickasaws finally got their liquor license? Good for them, it's easier to take money from a drunk. I wouldn't say that I love the Chickasaws Scott, I don't have a problem with them either. I'm from Ada originally and I know several people including family members who work for them. It doesn't change the fact that they have about 1,990 businesses that lose money every year but stay in business because their casino's bring in $180 million a year. Take away the casino's and they have jack.
The Chickasaws do not sell alcohol. There vendor Traditions does. Chickasaws are not responsible for the people that consume drinks their. Traditions is.
I'm not sure what the policy is at T-bird but I've seen those darn Chickasaws (that Outlaw loves so much) cut people off at the Riverwind. I think the next time I see someone leaving the game drunk in Norman I'll pull out in front of them and sue OU and Stoops for making them drink outside. ;)
nocona from santa fe? nocona? Are you going to answer the question? Or is your non-answer a big, fat YES, you do intend to keep employing racial slurs in your posts? I do believe the question has been answered, and in the affirmative.
llow me to repost the answer: Ah, I guess I should have looked a little harder at your post of 3:44 pm for my answer, where nocona from santa fe wrote: "Me no speekum with forked tongue"_____So, playing up to an ancient, ugly stereotype of how American Indians talk is your latest foray into racial slander on this forum. I guess my question below - "does the employment of ugly racial epithets still make up part of your regular posting practice?" - has been answered, and before I even asked it. The answer is yes.
nocona from santa fe, aka todd from Norman, aka haskell from randlett, aka mary from OKC, aka linda from cyril, aka a dozen other silly pseudonyms, when are you going to stop employing ugly racial slurs against American Indians, Italian Americans, and other ethnic groups in your posts on this forum? Or are you going to continue employing racial epithets on a regular basis?
Allow me to repost the answer: Ah, I guess I should have looked a little harder at your post of 3:44 pm for my answer, where nocona from santa fe wrote: "Me no speekum with forked tongue"_____So, playing up to an ancient, ugly stereotype of how American Indians talk is your latest foray into racial slander on this forum. I guess my question below - "does the employment of ugly racial epithets still make up part of your regular posting practice?" - has been answered, and before I even asked it. The answer is yes.
nocona from santa fe, aka todd from Norman, aka haskell from randlett, aka mary from OKC, aka linda from cyril, aka a dozen other silly pseudonyms, when are you going to stop employing ugly racial slurs against American Indians, Italian Americans, and other ethnic groups in your posts on this forum? Or are you going to continue employing racial epithets on a regular basis?
Crazy me, when you said that "Tribes are the second largest employers of Okies, second only to the state of Oklahoma, that is alot more than just casino jobs." I thought you meant that indian tribes were the second largest employer in Oklahoma behind the State of Oklahoma. I should have know you meant that two of the tribes were actually the 9th and 10th largest employer behind the State of Oklahoma. You need to go to the Dr. and get that forked tounge fixed, it's making you look like a fool.
Scott unless this guy was standing at the bar with a gun pointed at the bartender forcing them to give him liquor then the bartender has a responsibility to not serve liquor to him when he is intoxicated if they continue to serve an intoxicated person then they are held accountable at any bar period and the same should be so for these Indian casinos if not then don't serve liquor and get every Oklahoman killed on the streets just to make a buck
Ah, I guess I should have looked a little harder at your post of 3:44 pm for my answer, where nocona from santa fe wrote: "Me no speekum with forked tongue"_____So, playing up to an ancient, ugly stereotype of how American Indians talk is your latest foray into racial slander on this forum. I guess my question below - "does the employment of ugly racial epithets still make up part of your regular posting practice?" - has been answered, and before I even asked it. The answer is yes.
nocona from santa fe, aka todd from Norman, aka haskell from randlett, aka mary from OKC, aka linda from cyril, aka a dozen other silly pseudonyms, I just have a couple of questions: have you quit using racial slurs in your posts on this forum? Or does the employment of ugly racial epithets still make up part of your regular posting practice? Just curious.
In an effort to spread truth and back it up with actual fact....here is a list of the top 20 employers in Oklahoma...in order
1. State of Oklahoma
2. Wal-Mart and Sam’s Club
3. Tinker AFB
4. US Army Field Artillery Center & Fort Sill
5. US Postal Service
6. University of Oklahoma
7. Oklahoma State University
8. American Airlines
9. Tulsa Public Schools
10. Chickasaw Enterprises
11. Choctaw Nation
12. OKC Public Schools
13. City of OKC
14. AT&T
15. St. Francis Hospitals
16. City of Tulsa
17. Conoco Phillips
18. YUM! Brands
19. Braum’s Inc
20. Lowe’s Home Centers
Clothing lines, arts and crafts, construction, gas stations, office supplies, tribal colleges, museums/ visitor centers, printing co. etc... you'll only believe what you want. And, yes some of the casinos make a lot of money too. So, what. We are helping to keep this poor state afloat. Native America and what it has to offer is the biggest draw to the state for tourist$$$. Me no speekum with forked tongue.
"Outlaw"
Oh yeah nocona, the indian tribe are raking in a lot of dough from their other enterprises like....well...theres the....oh yeah, casinos. The chickasaw tribe has about 2000 businesses...of which about five are profitable, they're all propped up by the massive amount of money the casinos bring in. Go tell your lies elsewhere.
So if a drunk driver hits you coming from Buffalo Wild Wings and DIES, can you then in turn sue the owner of Buffalo Wild Wings for serving them beer? I mean you can't sue the person that died right? Sounds like the teacher is just trying to cash in on the tribe. I know teachers don't get paid much but come on. Whether they were coming from a casino, Lake Dirty Bird or Night Trips it's a big stretch to sue the place that served the drinks. I could understand if the person was underage or forced to do keg stands by the casino but I doubt that's the case. It's time to listen to the commercials and "drink responsibly".
take away the casinos and there go ALOT of jobs for Oklahomans that aren't Native. Outlaw, with another stereotypical ignorant statement. Tribes are the second largest employers of Okies, second only to the state of Oklahoma, that is alot more than just casino jobs.
The tribes want to have their cake and eat it too. It's too bad that they only way they can make a buck is through gaming, take that away and they are nothing.
Good point, Gary. If someone were to rob a casino employee at gunpoint within the casino, I suppose, though I don't know, that person would face criminal charges in an Oklahoma District court rather than a tribal one.
If casinos are immune to liability, then why do they have to get a liquor license? Can't have it both ways. If they want to sell liquor, then they have to abide by liquor laws.
Casino suit to go back to district court 02/06/2008 A woman who said she was hit by a drunk driver who was served alcohol at a tribal casino can sue the tribe for damages, the Oklahoma Supreme Court ruled...
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Thank you for joining our conversations on NewsOK.com. We encourage your discussions but ask that you stay within the bounds of our terms and conditions. Please help us by reporting comments that violate these guidelines. To review our rules of engagement, go to Commenting and posting policy.
Leave a comment. Log in below or sign up (it's free).Editor's note: It is not our intent to offer comments on crime or fatality stories.
Clothing lines, arts and crafts, construction, gas stations, office supplies, tribal colleges, museums/ visitor centers, printing co. etc... you'll only believe what you want. And, yes some of the casinos make a lot of money too. So, what. We are helping to keep this poor state afloat. Native America and what it has to offer is the biggest draw to the state for tourist$$$. Me no speekum with forked tongue. "Outlaw"
Edmond man pleads guilty to pornography charges
By Jay F. Marks
Staff Writer
An Edmond man is facing up to 80 years in prison after pleading guilty today to child pornography charges.
Jason Adam Fly is due back in court Feb. 20 for sentencing.
Staff Writer
An Edmond man is facing up to 80 years in prison after pleading guilty today to child pornography charges.
Jason Adam Fly is due back in court Feb. 20 for sentencing.
I'm OUT
It's “You can’t eat your cake and have it too,”
1. State of Oklahoma
2. Wal-Mart and Sam’s Club
3. Tinker AFB
4. US Army Field Artillery Center & Fort Sill
5. US Postal Service
6. University of Oklahoma
7. Oklahoma State University
8. American Airlines
9. Tulsa Public Schools
10. Chickasaw Enterprises
11. Choctaw Nation
12. OKC Public Schools
13. City of OKC
14. AT&T
15. St. Francis Hospitals
16. City of Tulsa
17. Conoco Phillips
18. YUM! Brands
19. Braum’s Inc
20. Lowe’s Home Centers
Now what was that you were saying nocona?
"Outlaw"