Last month an independent arbitrator was brought in and ruled that electronic poker should not be offered which left state officials hoping that the ruling would end and 18 month long battle between them and the tribe. It was up to the arbitrator to determine whether electronic poker was a non-casino-type Class II game or a Class III game, which is not permitted at a Class II facility such as Ho-Chunk Madison.
The Department of Administration said the decision was effective and enforceable immediately but there was still discussion between the Wisconsin Division of Gaming and the Ho-Chunk Nation regarding when to cease operations of the games.
The state and the tribe had agreed to abide by the decision of an arbitrator in 2011 but the state says that the electronic poker tables are still in operation. They have now asked the judge to "confirm" the award and require Ho-Chunk Gaming to "immediately cease operation of such machines."
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