Team Wins Second Circuit Victory for Cayuga Nation in Gaming Rights Dispute
News
July 29, 2021
On July 27, a Second Circuit panel unanimously ruled against a New York village that sought to shut down the Cayuga Nation’s electronic bingo hall. In doing so, the court pointed to precedent shaped by the firm’s US Supreme Court victory in McGirt v. Oklahoma last year.
In Cayuga Nation et al. v. Tanner et al, the village of Union Springs sought to overturn a New York federal judge's 2020 decision that the federal Indian Gaming Regulatory Act blocked the village from enforcing its anti-gambling ordinance on the tribe’s reservation. The village argued that the IGRA doesn't preempt the village's law because the federally recognized Cayuga tribe didn't exercise governmental authority over the land.
But the Second Circuit said prior litigation over the tribe's gaming didn't bar the current suit, and that IGRA trumps Union Springs' law because the site of the bingo hall, while within the village, qualifies as "Indian lands" under IGRA because it remains within the tribe's reservation boundaries.
In addition, the panel said, “the village's position is irreconcilable with the Supreme Court's recent decision in McGirt v. Oklahoma.” In that case, the firm successfully argued that the Muscogee (Creek) Nation’s eastern Oklahoma reservation still exists despite Oklahoma's contention — similar to Union Springs' argument in the current case — that tribe members comprise only a small portion of those living on the disputed land.
News of the Second Circuit’s decision was reported by Bloomberg LawandLaw360.
The team representing the Cayuga Nation included Partners David W. DeBruin and Zachary C. Schauf, Associates Allison M. Tjemsland and Kathryn L. Wynbrandt, and former associate David Manners-Weber. Paralegal Cheryl Olson provided valuable assistance.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
News
July 29, 2021
On July 27, a Second Circuit panel unanimously ruled against a New York village that sought to shut down the Cayuga Nation’s electronic bingo hall. In doing so, the court pointed to precedent shaped by the firm’s US Supreme Court victory in McGirt v. Oklahoma last year.
In Cayuga Nation et al. v. Tanner et al, the village of Union Springs sought to overturn a New York federal judge's 2020 decision that the federal Indian Gaming Regulatory Act blocked the village from enforcing its anti-gambling ordinance on the tribe’s reservation. The village argued that the IGRA doesn't preempt the village's law because the federally recognized Cayuga tribe didn't exercise governmental authority over the land.
But the Second Circuit said prior litigation over the tribe's gaming didn't bar the current suit, and that IGRA trumps Union Springs' law because the site of the bingo hall, while within the village, qualifies as "Indian lands" under IGRA because it remains within the tribe's reservation boundaries.
In addition, the panel said, “the village's position is irreconcilable with the Supreme Court's recent decision in McGirt v. Oklahoma.” In that case, the firm successfully argued that the Muscogee (Creek) Nation’s eastern Oklahoma reservation still exists despite Oklahoma's contention — similar to Union Springs' argument in the current case — that tribe members comprise only a small portion of those living on the disputed land.
News of the Second Circuit’s decision was reported by Bloomberg LawandLaw360.
The team representing the Cayuga Nation included Partners David W. DeBruin and Zachary C. Schauf, Associates Allison M. Tjemsland and Kathryn L. Wynbrandt, and former associate David Manners-Weber. Paralegal Cheryl Olson provided valuable assistance.
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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