Statement of Brenda Meade, Chairperson of the Coquille Indian Tribe 

NIGC Consultation on One Touch Electronic Bingo Systems 

July 18, 2013 

 On behalf of the Coquille Indian Tribe, I congratulate the National Indian Gaming 

Commission (NIGC) for proposing to clarify the regulatory status of one touch electronic bingo 

systems to eliminate the confusion generated by the 2008 negative action on the Metlakatla 

Ordinance. The Commission's proposal will resolve the dangers posed by uncertainty and 

confusion inherent in the NIGC's previous actions that attempted to impose additional 

requirements on the play of bingo – far beyond the requirements of the Indian Gaming 

Regulatory Act, unsupported by judicial interpretations of the IGRA, and certainly in violation of 

the express intent of the drafters of the Act that tribes have maximum flexibility in the use of 

technology in the play of class II games. 

 I agree that the NIGC should act to clarify its intention to follow the statute, the 

legislative history, and the courts' interpretation of that controlling law – and clarify that 

technologically assisted bingo requires satisfying the three statutory elements of bingo, and no 

additional requirements to constitute a bingo game. As long as a player is competing against 

other players, and not against a machine, the NIGC has no authority to attach legal significance 

to the number of times a player must act to request a bingo system to assist the player to 

participate in an ongoing game. 

 The Courts have previously advised that IGRA permits bingo to be played using an 

electronic draw in place of bingo balls, using electronic cards, and through electronic 

daubing/covering of designations on those cards to determine a range of prizes. The courts have 

found no need to add criteria beyond those established by Congress in the IGRA. As long as 

electronic one touch bingo systems follow those requirements, then IGRA's explicit 

authorization of class II technological aids should not be administratively diminished. 

 The NIGC's proposal is particularly timely for the Coquille Tribe. Our people are still 

struggling to recover from 35 years of Termination, culminating in congressional Restoration in 

1989. Since 1995 we have operated a successful class III facility in North Bend, Oregon. 

However, income from this facility is no longer adequate to meet the basic economic needs of 
our growing tribal population. Because our Constitution prohibits per capita distributions from 

gaming revenue, we allocate our gaming revenues, along with our timber revenues, to provide 

our people tribal housing, education, health care, disease prevention, head start, justice, 

peacegiving and culture programs, and other services. 

We did not oppose the construction of a larger gaming facility by our nearby neighbors, 

because we support the rights of all tribes to exercise their sovereign powers to provide for their 

citizens. Our underlying governmental philosophy has always been to take only what we need, 

and to leave the rest for others. But now more is needed to provide the basic services for our 

people. 

 We are in the process of developing a modest class II facility in a remodeled bowling 

alley in Medford, Oregon, on a site located within the five counties designated by Congress as 

eligible for our restored reservation. We chose a class II facility in part because we would not 

need to negotiate with a governor who has indicated flat opposition to a second compacted 

facility, notwithstanding our having reserved our rights to do so by the terms of our compact. We 

are pleased that IGRA gives us an option to develop class II without concessions to state 

agencies. This new revenue stream is critical to ensure the ongoing livelihood of our members 

and to continue to provide basic governmental services for our members. 

But as we pursue this project, instead of being able to focus on addressing the needs of 

our people, we confront frivolous arguments and distractions, interposed to cost resources and 

delay. One of those arguments relies on the cloud over class II gaming created by the Metlakatla 

decision – and seeks to portray our development as just another slot facility. It is not that, and 

will not be. But the public does not understand these subtle yet important distinctions, and the 

NIGC's prior actions do not provide clear guidance. We are pleased with the NIGC’s effort to 

issue an official statement consistent with IGRA’s mandate that explains the permissible and 

distinctive standards for class II bingo systems – and that one touch games are expressly within 

the NIGC’s understanding of class II under the IGRA. 

We are pleased that the NIGC is taking steps to bring its official position in line with the 

statute, the courts and Congress. We ask that the NIGC proceed with the clarification, as 

proposed, and not only approve the Metlakatla ordinance, but withdraw prior classification 

opinions to the extent that they are similarly inconsistent with IGRA, and with tribes' rights to 

conduct class II gaming through technological aids. 

Thank you for conducting this consultation. The Tribe expects to provide formal 

comments before the close of the comment period.