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 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. Tribes have sovereign immunity, which extends to legal action -- unless they offer a clear waiver or Congress authorizes a 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.
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