Tribal Nation Sues to Stop Kansas Lottery Sales on Its Historic Reservation Land

Whether Kansas can keep selling lottery tickets across a large stretch of Northeast Kansas is now a question for a federal judge. The Prairie Band Potawatomi Nation filed a federal lawsuit on Monday challenging the Kansas Lottery's right to sell tickets and operate gaming machines within the boundaries of the reservation it established in 1846.

What the Nation is arguing

Attorneys for the Nation say Kansas is violating its sovereignty by selling lottery tickets illegally, because the Nation controls gaming rights within its boundaries under the federal Indian Gaming Regulatory Act. The lawsuit identifies nearly 30 retailers selling tickets or running gaming machines inside those boundaries, and argues the Nation is losing gaming revenue because the proceeds flow to the state instead. That footprint, the suit says, covers much of Western Topeka, including the Kansas Governor's mansion.

A 900-square-mile footprint

Tribal Council Chairman Joseph "Zeke" Rupnick told KMBC the Nation's land still extends over a roughly 900-square-mile area across four counties: Jackson, Shawnee, Pottawatomie, and Wabaunsee. He argues Congress has never "disestablished or diminished" that footprint, even though later treaties changed land ownership.

"We need to make sure that our authority within that boundary of that reservation is held," Rupnick said, adding that both Kansas and the federal government should recognize the Nation's sovereignty over the land.

Leaning on the McGirt precedent

The Nation's case leans on McGirt v. Oklahoma, the 2020 U.S. Supreme Court decision that held a tribal reservation was never formally disestablished, setting a nationwide precedent for tribes to exercise authority over their original land. Rupnick pointed to Oklahoma, where he said local officials have entered agreements with fire and police departments that keep serving the same areas while recognizing tribal nations as the supreme authority.

Not about land ownership, the Nation says

"This whole thing is about our jurisdiction and making sure that we exercise our civil regulatory authority over the lands that are within the boundaries of the reservation," Rupnick said, adding that the Nation is not seeking to take land or put anyone out of business. The lawsuit could still carry big implications for government services like police, fire, and public works in the area.

A spokesperson for the Kansas Lottery declined to comment.

For now, it is in the hands of the federal court, and nothing has changed at the counter while the case plays out. If you play in the state, you can still find current Kansas scratch-offs on our Kansas page.

Sources

KMBC: Federal lawsuit challenges Kansas Lottery sales on claimed tribal land

CourtListener: Prairie Band Potawatomi Nation v. Kansas (full complaint, PDF)