Welcome to the CARS blog

Our goal is to provide a forum where interested citizens can discuss issues related to the proposed Cowlitz casino-resort. Although views from all sides are welcome, we reserve the right to reject posts we deem irresponsible or irrelevant.

Wednesday, December 17, 2008

Tribal casinos immune to lawsuits

Imagine you're driving merrily along I-5 when -- crash! -- you get hit by a drunk driver.

You're seriously injured. The other driver admits fault and goes to prison.

Left with staggering medical bills, you sue the business that had served that driver when she was already drunk.

But wait!

She came from a party at the tribal casino. And the 9th U.S. Circuit Court of Appeals recently declared that casinos (and other commercial activities) of tribes are protected from legal action, thanks to sovereign immunity -- unless the tribe has offered a clear waiver or Congress has authorized the suit.

That would be just as true for the proposed Cowlitz-Mohegan-Paskenta casino in Clark County as it is for the Nevada casino absolved of the lawsuit by the 9th Circuit.

See for yourself:

"Court protects Indian casino from lawsuit," Las Vegas Sun (Nov. 14, 2008)

Ruling by the 9th U.S. Circuit Court of Appeals (Nov. 14, 2008)

One thing's certain: The proposed Cowlitz casino is a bad bet for Clark County.