Maine tribes move to join casino lawsuit over exclusive online gambling law

Suswati Basu

 

Four federally recognized tribes in Maine are stepping directly into a federal lawsuit over the state’s new online gambling law, moving to defend a system that gives them exclusive access to the casino market.

In a filing dated April 1, 2026, the Houlton Band of Maliseet Indians, Mi’kmaq Nation, Passamaquoddy Tribe, and Penobscot Nation, together known as the Wabanaki Nations, asked the U.S. District Court for the District of Maine to let them join the case as defendants. In the motion, the tribes say they “move to intervene in this case as party defendants” under federal procedural rules.

Their request adds a new layer to an already closely watched legal fight that began earlier this year when Oxford Casino Hotel, its parent BB Development, LLC, and Churchill Downs Incorporated sued to block the law.

Maine tribes move to defend casino law tied to economic self-determination

The measure took effect on January 11, 2026, after Governor Janet Mills allowed it to become law without her signature. The legislation opens the door to iGaming in Maine but limits licenses to the four federally recognized Wabanaki Nations. Under the statute, “[t]o be eligible to receive an Internet gaming license, an applicant must be a federally recognized Indian nation, tribe or band in this State.”

The tribes argue the lawsuit threatens a key source of future revenue and self-governance. Their filing says the case “concerns a constitutional attack on a Maine statute that establishes regulatory parameters pursuant to which the four Wabanaki Nations may seek to obtain licenses to offer internet gambling.”

They describe themselves as the “direct and intended beneficiaries” of the law and say the outcome will directly affect their ability to fund essential services. According to the motion, revenue from online gaming would support “core governmental functions and services for Wabanaki citizens and families, such as housing, education, public safety, and healthcare.”

The filing also frames the law as part of a push for sovereignty, saying it advances “their sovereignty and self-determination through economic development.” If the statute is struck down, the tribes warn it would “foreclose the generation of tribal revenues needed to support core tribal governmental services.”

They further argue the state “does not share the Nations’ unique sovereign and economic interests” in the outcome.

The original lawsuit from casino operators claims the law creates an unconstitutional monopoly and violates equal protection by excluding non-tribal businesses. The companies say they would enter the online market if allowed and warn the system could divert customers from existing casinos, cutting revenue and jobs.

Supporters of the law, including tribal leaders and allies, have pointed to earlier proposals and policy efforts aimed at giving the Wabanaki Nations a stronger economic footing in Maine, especially in industries like mobile gaming where they have historically been excluded.

The tribes noted they coordinated their filing with the existing parties. According to the motion, “Defendant Champion (the ‘State’) takes no position on this motion,” while the plaintiffs do not oppose the intervention under agreed conditions. 

If the court approves the request, the tribes will formally join the case as defendants.

Featured image: Wabanaki Alliance logo

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