Kansas Lottery sued over alleged illegal sales on tribal land

A new federal lawsuit could have major implications for where the Kansas Lottery is allowed to sell tickets. The Prairie Band Potawatomi Nation is asking a federal judge to stop lottery sales and machines at about two dozen businesses located within its reservation, arguing the state has no legal authority to operate there. The case goes beyond lottery tickets, touching on tribal sovereignty, treaty rights, and a landmark U.S. Supreme Court decision that could shape the outcome.

The complaint

On July 6, 2026, the Prairie Band Potawatomi Nation filed a complaint in the U.S. District Court for the District of Kansas. The Nation is seeking to halt the Kansas Lottery's sale of lottery tickets and operation of lottery machines at about two dozen locations within the Nation's reservation.

In the lawsuit, the Nation claims the state is violating the Indian Gaming Regulatory Act (IGRA), the Nation's Gaming Ordinance, and the Tribe's sovereign authority over gaming activities on its reservation.

In a statement, Tribal Council Chairman Joseph “Zeke” Rupnick explained:

Prairie Band Potawatomi Nation has been a valuable partner to the state of Kansas and to the four counties where our land sits – through partnership, job creation and as an economic engine. At a minimum, we expect state and local governments to adhere to the treaties that have cemented our boundaries for centuries, affirming our sovereignty on what's always been our land.

Violating federal and common laws

According to the complaint, federal law states that the Nation has exclusive authority to regulate gaming activity within its reservation. Based on that, the Nation states it has never authorized the State of Kansas to conduct lottery operations on tribal lands.

Because of that, the continued sale of lottery tickets would be a violation of both IGRA and the Nation’s Gaming Ordinance, which both require the Tribe to maintain the sole proprietary interest in all Class III gaming activities within the reservation.

In addition, the lawsuit argues that the Kansas Lottery's actions violate the Nation's longstanding common law authority to regulate civil matters within its reservation. This is an authority that has been recognized by federal courts before the enactment of IGRA.

Attempts to resolve the matter

In the lawsuit, the Nation states that they have attempted to resolve the matter before filing this lawsuit. Between May and June 2026, tribal officials allegedly sent multiple written notices to Kansas Lottery Executive Director Stephen Durrell informing him of the alleged violations.

The legal counsel for the Tribe also met with representatives from the Kansas Attorney General's Office and the Kansas Lottery to discuss the issue. However, the Nation states that those efforts failed to produce a resolution or stop lottery sales within the reservation.

Seeking recognition of Indian land

While the Tribe is challenging the lottery operations, the lawsuit is also asking the federal court to declare that the Nation's 900-square-mile reservation has never been diminished or disestablished. Because of that, it remains Indiana land under federal law.

The reservation was established under the Treaty of 1846. Under this treaty, the Potawatomi Nation ceded its lands in the Midwest in exchange for a reservation in Kansas. The United States promised this land “would be their land and home forever.”

Precedent in place?

The Nation believes so. In their legal arguments, the Nation is relying heavily on the U.S. Supreme Court case, McGirt v. Oklahoma. This decision came in 2020 and decided that only Congress has the authority to disestablish or diminish reservation boundaries and must do so through clear, explicit language.

In the new lawsuit, the Nation argues that Congress has never enacted legislation expressly terminating or reducing the Prairie Band Potawatomi Reservation. Citing the McGirt decision, the Nation argues that reservation status remains intact unless Congress clearly states otherwise.

The Nation was clear that they are not seeking broader changes to state authority beyond the enforcement of federal law governing gaming on tribal lands. Instead, they are asking the courts to prohibit the Kansas Lottery from licensing or operating lottery sales within the reservation for the financial benefit of the State of Kansas in violation of federal law.

Enjoy playing the Kansas Lottery, and please remember to play responsibly.