Judge says fireworks sales at Kialegee casino construction site didn't violate court order
By SUSAN HYLTON World Staff Writer on Jul 10, 2012, at 2:28 AM Updated on 7/10/12 at 6:12 AM
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The Kialegee Tribal Town did not violate a court-ordered injunction against the construction of an Indian casino by operating a fireworks stand this summer, a federal judge ruled Monday.
Chief U.S. District Judge Gregory Frizzell said in his order that the injunction prohibited the continued construction for the operation of a casino.
He found that the pouring of a gravel parking lot, which was conducted by the vendor Crazy Debbie's Fireworks, did not violate the injunction.
The property at the southwest corner of Olive Avenue (129th East Avenue) and Florence Street (111th Street) is a Muscogee (Creek) Nation allotment owned by sisters Marcella Giles and Wynema Capps. They have allowed fireworks to be sold on their property in previous years.
Oklahoma Attorney General Scott Pruitt contended that the defendants should have been held in contempt for construction activities and using the structure on the property for fireworks sales.
The state reported that crews from Oil Capital Electric were working inside a building east of the casino structure.
The defendants countered that the crews were picking up equipment from an office on the property and were not doing any kind of construction.
Still pending in court is a request by the defense to reconsider the May 18 injunction ruling.
The defendants argue that the Kialegees have jurisdiction on the Creek allotment because Giles and Capps are now enrolled with the tribal town.
In a separate motion that is pending, the defendants are asking the court if they may continue construction at the site for a nongaming purpose such as a sports bar/restaurant or smoke shop.
Susan Hylton 918-581-8381
susan.hylton@tulsaworld.com
Original Print Headline: Judge: Fireworks sales didn't violate court order
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