Waukegan, Illinois, and the Forest County Potawatomi Community have reached a settlement in a long-running court battle. According to the Chicago Tribune, the tribe’s lawsuit contesting the city’s casino licensing decision was dismissed by the U.S. Court of Appeals for the Seventh Circuit. The nearly six-year struggle is probably over with this verdict.
Long-Running Legal Battle Ends
The conflict started in 2019 when the City Council of Waukegan chose three casino proposals—excluding the Potawatomi tribe—for the Illinois Gaming Board to review. The tribe filed a lawsuit in retaliation, claiming unjust treatment. Before making it to the Seventh Circuit, the case passed through several courts, including the U.S. District Court for the Northern District of Illinois.
In 2021, the tribe brought a second lawsuit with the goal of stopping the licensing procedure. A Cook County court, however, turned down the motion, and Full House Resorts was given the license by the Illinois Gaming Board. Later, the business set up a makeshift American Place casino in Waukegan.
The U.S. Court of Appeals rejected the Potawatomi’s federal complaint in January, three weeks after the Illinois Supreme Court dropped the state case.
A three-judge panel unanimously rejected the tribe’s appeal on Feb. 14, stating that Native American tribes, like states, do not have rights under civil rights laws. The court also noted that Waukegan had legitimate reasons for its decision, including the Potawatomi’s lower financial offer and lack of an entertainment venue in their proposal.
Judge Thomas Kirsch wrote, “The city’s review process may have been flawed. But the absence of perfection in a process does not prove intentional discrimination.”
Stewart Weiss, an attorney for Waukegan, called the ruling a victory. “This is absolutely the right outcome for a case that never should have been brought in the first place,” he said. “The 7th Circuit Court of Appeals recognized that the city’s selection process was open, fair, and based on facts.”
Weiss doubted the Potawatomi would appeal to the U.S. Supreme Court. “In this case, I would be highly surprised if either would occur based on the line of reasoning,” he stated.
Meanwhile, Full House Resorts is moving forward with its permanent casino plans. Alex Stolyar, the company’s Senior Vice President and Chief Development Officer, welcomed the decision. “I’m very pleased with the result,” he said. “The Potawatomi really didn’t have a case here. We’re moving forward with the architects and drawings so we can get going.”
With this ruling, Waukegan’s casino development proceeds without further legal obstacles.
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