Moapa Band of Paiute Indians, a Chartered Indian Tribe v. United States Department of Interior, an Agency of the Government of the United States

The Secretary of Interior rescinded a tribal ordinance of the Moapa Band of Paiute Indians (Moapa) which would have permitted houses of prostitution on the Moapa Reservation in Clark County, Nevada. The district court upheld the Secretary’s action and Moapa appealed. We conclude that the Secretary did not abuse his discretion in rescinding the ordinance.

FACTS

Nevada law permits counties having a population of less than 250,000 persons to license the operation of houses of prostitution. Nev.Rev.Stat. § 244.345(8). Clark County, however, has a population over 250,000, so brothels are not permitted.

The Moapa Reservation lies in Clark County. Under powers granted to it by the tribal constitution and bylaws, the Moapa Business Council enacted an ordinance permitting the licensing and operation of houses of prostitution on the Reservation. The tribal constitution requires the Business Council to submit licensing ordinances to the Department of the Interior for approval, which the Department can deny for “any cause.” Moapa Constitution, art. V, § 4. The Department’s Superintendent of the Western Nevada Agency initially approved the ordinance. The Phoenix Area Director of the Bureau…