U.S. District Judge Lynn Winmill has sided with the Coeur d'Alene Tribe and will not issue a temporary ban on poker play at its Worley casino.
The state of Idaho filed a lawsuit last month to shut down the tribe's poker room. The state says that all poker is banned under Idaho's Constitution and by state law. Tribal representatives, however, counter that Texas Hold 'Em tournaments is not considered illegal gambling but a game of skill.
According to Winmill's ruling Monday, both parties now have 60 days to invoke arbitration. Whoever invokes arbitration cannot sue the other party.
The casino has been a major success for the tribe. The casino offers slot machines, bingo and off-track betting. The casino opened its poker room May 2.