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Court Dismisses Potawatomi Lawsuit Over Casino License

The Most Important Points in Brief

The long-standing legal dispute between the Forest County Potawatomi Community and the City of Waukegan has come to an end. The U.S. Court of Appeals for the Seventh Circuit has dismissed the tribe’s lawsuit against the casino licensing decision. This likely marks the final conclusion of the legal battle that had been ongoing since 2019.

Background of the Legal Dispute

In 2019, the Waukegan City Council decided to forward three casino proposals for review by the Illinois Gaming Board. The Potawatomi’s proposal was not considered. As a result, the tribe filed a lawsuit, alleging unfair treatment by the city.

After the case went through multiple legal instances, including the U.S. District Court for the Northern District of Illinois, a second lawsuit was filed in 2021 to halt the licensing process. However, this was also dismissed. The Illinois Gaming Board ultimately awarded the license to Full House Resorts, which then opened a temporary casino in Waukegan.

Court Decision and Justification

In January 2025, the U.S. Court of Appeals ultimately dismissed the tribe’s lawsuit. A three-judge panel ruled unanimously on February 14 that Indigenous tribes, similar to states, do not have rights under civil rights laws.

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The court also determined that Waukegan had legitimate reasons for its decision. These included the lower financial offer from the Potawatomi and the absence of an entertainment area in their proposal. Judge Thomas Kirsch emphasized that a potentially flawed selection process does not automatically prove intentional discrimination.

Reactions to the Ruling

Stewart Weiss, attorney for the City of Waukegan, described the ruling as the correct outcome of the case. He stated that the city’s selection process was open, fair, and fact-based. He also expressed doubt that the Potawatomi would take the case to the Supreme Court.

Full House Resorts also responded positively. Alex Stolyar, Senior Vice President and Chief Development Officer of the company, welcomed the decision. He announced that the company would now proceed with planning the permanent casino.

Our Assessment

With this decision, a years-long legal battle over the casino license in Waukegan has come to an end. The ruling confirms that economic and conceptual factors played a central role in the licensing decision. For Full House Resorts, this means planning security, while the Potawatomi can no longer pursue further legal action. Waukegan can now focus on the development of its casino project.

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