TULALIP — A Tulalip Tribal Court judge has dismissed a lawsuit filed against the tribes over a casino videotape that depicted women customers in sexually explicit situations.
Judge Lawrence Numkena dismissed the suit because he determined that Viooltje Arpryazhka failed to state a claim for which relief could be granted regarding violation of her civil rights.
Also, the judge ruled the tribe’s sovereign immunity bars suits against tribal officials and employees acting in their official capacity unless the tribe explicitly waives immunity.
Numkena said the tribe had not done so in this case.
He also said Arpryazhka had been afforded due process through her claims in Tulalip Gaming Court.
Arpryazhka, 58, said Friday that she plans to appeal.
"I’ll take it to whatever level I have to," she said. "It’s not just about me. It’s about other good, hard-working tribal members and nontribal members who care about their livelihood.
"The bottom line is, I’ve been railroaded. If, in fact, this is acceptable, then the (tribal) gaming commission has done nothing for the Indians," she said.
Arpryazhka is a former Tulalip Casino surveillance employee. She filed a suit alleging harassment after she reported to management that some co-workers were filming women customers and viewing the tapes for personal enjoyment.
She later was fired after she was caught opening a confidential envelope she said was placed on her desk to entrap her, the lawsuit says.
The suit named tribal council members, gaming agents and casino managers as defendants. The lawsuit seeking at least $3 million in damages alleged sexual and mental harassment and violation of Indian civil rights and gambling laws.
Samuel Stiltner, a lawyer for the Tulalip Tribal Gaming Agency, said the tape was compiled by various casino employees for instructive purposes.
Arpryazhka worked for the casino for nine years until she lost her gaming license in 2002 and was fired after she reported the "blooper" tape.
Tulalip Tribes Chairman Herman Williams Jr. confirmed that the lawsuit had been dismissed. He blamed the suit on casino management and the board for failing to act on Arpryazhka’s complaints.
"It’s my opinion, this whole issue could have been resolved if the (former) casino manager, Chuck James, had paid attention to it," Williams said.
Arpryazhka reported the tape to casino management many times, but nothing was done about it, he said.
"I feel bad for Vi," he said, adding that she appeared before the board many times but the leaders didn’t deal with it.
Williams believes the tape remains in the control of the Tulalip Tribes Gaming Commission.
"It was allegedly for training, but some of us don’t agree with that. I know from the board level that we haven’t addressed that issue or made any amendments or changes as to what goes on up there. I would hope the casino management took some effort to make those changes," he said.
Reporter Cathy Logg: 425-339-3437 or logg@heraldnet.com.
Talk to us
> Give us your news tips.
> Send us a letter to the editor.
> More Herald contact information.
