Prairie Island's and Mille Lac's casino audit lawsuit hearing scheduled in Ramsey County

October 5, 2001

Prairie Island’s and Mille Lac’s casino audit lawsuit hearing scheduled in Ramsey County

By Clara NiiSka

Lawsuits filed by the Prairie Island Indian community and the Mille Lacs Band of Chippewa, seeking to prevent the Minnesota Department of Public Safety from releasing casino audits held by the state under the State-Tribal gambling compacts have both been scheduled for hearing in Ramsey County District Court on November 16.

On Thursday, September 20, attorneys for the Prairie Island Indian community filed a lawsuit in Ramsey County district court, seeking a Temporary Restraining Order (TRO) barring DPS from releasing “any tribal audit information” submitted to DPS by Prairie Island pending a ruling by the court on the issues posed by Prairie Island in its Complaint. Prairie Island attorneys named “DPS acting through its duly appointed Commissioner” as the other party to the lawsuit. Prairie Island’s motion for a TRO barring the release of audits submitted to the state by Prairie Island was heard by Ramsey County District Judge Louise Dovre Bjorkman on the same day as the lawsuit and motion were filed. The TRO was granted on September 20, with the provision that a hearing be held within two weeks. The state, through the Attorney General’s office, did not oppose the request for a TRO.

On Friday, September 20, attorneys for the Mille Lacs Band also filed a lawsuit in Ramsey County District Court, similarly seeking a TRO barring the State from releasing Mille Lacs casino audits held by the State.

On October 3, Ramsey County District Court Judge Louise Bjorkman filed an order that Prairie Island’s lawsuit, Civil file No. 01-1737, will be heard on November 16^th. A November 16 hearing date has also been set for Mille Lacs’s lawsuit, Civil file No. C3-01-8782. These hearings are to determine whether the TRO’s will be made into permanent injunctions barring the release of casino audits pending the outcome of litigation. Both cases are currently scheduled to be heard before Judge Louise Bjorkman at the Ramsey County Courthouse at 1:30 p.m., in room 1260. Press/ON asked Judge Bjorkman’s clerk if the two Data Practices Act lawsuits had been combined, and if not, how the Judge could hear two cases at exactly the same time. He explained that the cases had not been combined into one case, and that the Judge would hear one case and then the other one. According to the Clerk, the Judge has not specified a briefing calendar, and the due dates for paperwork to be filed by the court – motions, responses, and replies – will follow Minnesota’s general rules of civil procedure.

At press time, no date was set for hearing of the federal lawsuit filed by Shakopee Mdewakanton Sioux Community, Grand Portage Band of Chippewa Indians, and Lower Sioux Indian Community. On October 1^st, attorneys for the Indian gambling enterprises filed a 49-page “Amended Verified Complaint for Declaratory and Injunctive Relief,” and on October 2, Federal Judge Ann D. Montgomery held a conference call to hear that Motion, and to determine whether or not a hearing date should be set. The Clerk of Courts explained to Press/ON that such conference calls were not “public,” and were not recorded by the Court Recorder.