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2 Colorado Tribes fire back at state, governor after court ruling walls off online sports betting

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2 Colorado Tribes fire back at state, governor after court ruling walls off online sports betting


The leaders of two Native American reservations in southern Colorado recently called the state’s ban on their ability to partake in online sports betting an extension of the “troubling legacy” of broken agreements between governments and the Tribes. 

A recent ruling by a federal court judge on the issue, along with a petroleum spill that has aggravated the relationship between the state and the Tribes, has apparently reopened old wounds. Healing them may happen in the coming weeks if the two sides can talk.

A money matter

Colorado voters narrowly approved legalized sports gambling here in November 2019. The amount of betting and the amount of tax paid to the state from it has grown substantially since then. In September alone, bettors from across the nation spent more than $99 million online with casinos in Central City, Black Hawk and Cripple Creek.  

Reservation-based casinos are important to Native American economies. In 2023, tribally owned gaming operations nationally generated about $42 billion in revenue. Understandably, those reservations seek to maximize that cash flow. 

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In Colorado, both the Southern Ute and Ute Mountain Ute Indian Tribes started sports betting platforms through their own casinos six months after voters gave online gambling the green light. The Southern Ute Tribe launched the Sky Ute SportsBook through its Sky Ute Casino in Ignacio. The Ute Mountain Ute Tribe started its own platform at its Ute Mountain Casino in Towaoc. 

According to court documents, the vendor for the Sky Ute Sportsbook received a letter from the Colorado Division of Gaming (CODOG) two weeks after it started. 

“[W]e believe that your company is participating in sports betting in Colorado on behalf of the Southern Ute Indian Tribe without complying with Colorado gaming law,” the letter stated. 

Later, the vendor working for the Ute Mountain Utes’ operation received the same letter.  

The gaming division advised the Tribes to apply for the state betting license, the same license that all other Colorado casinos are required to obtain. With that license would come a promise to pay 10% of net sports betting revenue to the state. The casinos declined, shut down their sports books and sued instead.

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“The Tribes claim that Colorado’s actions made their sports betting operations challenging and more expensive,” Judge Gordon Gallagher summarized in last month’s ruling, “effectively freezing them out of the sports betting market.”

Last month, Gallagher dismissed the case.  

“Colorado explicitly authorized sports betting, a Class III game, throughout the state,” the Tribes complained in a joint press release following the judge’s decision. “But the State immediately stymied the ability of the Tribes to engage in that activity despite clear authorization under the Gaming Compacts, and instead, elected to benefit out-of-state gaming interests over its relationship with the Tribes. When the Tribes sought to challenge that conduct, the Administration chose to hide behind its immunity. These actions by the Polis Administration in refusing to honor the Gaming Compacts entered into with Colorado’s two federally-recognized Tribes represents one of the lowest points in State-Tribal relations in recent history.”

History

The first gambling approved on a Native American reservation came in 1979 when the Florida Seminoles opened a high-stakes bingo hall. Its legality was challenged, but the U.S. Supreme Court eventually ruled it was a legal operation.

In 1988, the Indian Gaming Regulatory Act (IGRA) was enacted, giving way to the growth of casinos on reservation land. 

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Much has changed since then. First, online sports gambling became legal in most states in 2018, thanks to a U.S. Supreme Court decision. 

That same year, the Supreme Court struck down a 1992 federal law that banned commercial sports betting in most states. This spurred most states to authorize sports wagering, as Colorado did one year later. This gave those states regulatory authority over such gambling outside reservation boundaries. 

Of course, one of the most significant changes to occur was in technology.

“[B]ecause of the ability to place an online bet from a cellular phone or other electronic device, bettors can engage in gambling from
almost anywhere,” Judge Gallagher stated in his ruling. “If the gambler and roulette wheel were on Indian land, IGRA applied. However, in 2025, a gambler can be in Denver and the electronic game processed through a computer server on Southern Ute Indian Tribe land or Ute Mountain Ute Tribe land. Where then does the gaming occur?”

“This is a legal determination for the Court to make,” he stated.

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In the end, Gallagher determined that any bet placed off-reservation is regulated by the state. 

“That distinction is crucial in this action and fatal to the Tribes’ case,” Gallagher wrote. “A myriad of gambling houses offer legal sports betting in the State of Colorado. To engage in this service, they must remit 10% to the State. The State of Colorado has offered this possibility to the Tribes.” 

Anger Spills Over

“The Tribe respects Judge Gallagher and appreciates the time he has given this issue,” the Tribes stated in their recent press release. “We believe a different result is mandated by federal law and will be evaluating how to move forward in the coming weeks.” 

But after that expression of hope, the Tribes’ sentiments took a very different tone. The press release referred to the “bitter irony” of the situation – a legal setback over gambling funds, most of which are directed at the state’s effort to protect its water resources, while the Southern Ute Tribe deals with a nearly year-old gasoline spill that threatens the Animas River. Groundwater contamination has forced several residents from their properties. 

In the months since CBS Colorado first reported the spill, the company whose pipeline is responsible for it has upgraded the extent of it, from 23,000 gallons to nearly 97,000. The spill is now the largest spill of its kind in Colorado since the state began tracking such incidents in 2016. 

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“We are confident that had this spill been in Denver instead of a remote, rural part of the state, the response would have been more robust,” the two Tribes stated in the press release. “The Southern Ute Indian Tribe has expended its own resources to ensure the local waterways and resources are protected in our region. It has done so without a single dollar of the millions of dollars in revenue the State has collected from sports betting, and without the benefit of additional revenue from tribally-run sports betting that could have been relied upon had the Gaming Compact been honored.”

The Tribes claimed Colorado Gov. Jared Polis failed to participate in a recent conference call with state and Indigenous leaders about the spill.

“Yesterday’s cancelled call between Governor Polis and (Southern Ute) Chairman (Melvin J.) Baker reflects an alarming lack of urgency on the Governor’s part to work cooperatively with the Tribe on this spill – it brings to mind the troubling legacy of how states have historically disregarded Tribal relations, an approach that is wholly unacceptable in today’s society,” they said. “The history of relations between Tribes and the state and federal governments is one of broken Treaties and agreements. The Polis Administration’s conduct is a reminder that those things we think are an artifact of a distant past still exist today.”

A spokesperson from Gov. Polis’s office responded with a statement: 

“We deeply respect the government-to-government relationship the state has with the Ute Mountain Ute and Southern Ute Indian Tribes. We are glad that the court ruled in the state’s favor to ensure Colorado can continue to manage sports betting in a way that works best for Coloradans and our state, and continue funding important water projects around the state. We are dedicated to working together with the Tribes on gaming matters, and we look forward to ongoing conversations with the Ute Mountain Ute and Southern Ute Indian Tribes on this important issue.”  

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Elsewhere

The issue is not Colorado’s alone. Today, Indian gaming, as it is called, is played in 29 states. There are 532 gaming operations, which include casinos, bingo halls, travel plazas and convenience stores. These are owned by 243 Tribes. In total, they grossed almost $44 billion in fiscal year 2024. 

However, according to Tribal Government Gaming, three of the 10 states containing the largest number of Tribes still do not have legal sports betting seven years after SCOTUS gave states the right to allow it. A ballot initiative is in the planning stages for 2028 in California. 

Congress could enact a national standard for online sports betting through tribal casinos, but has not taken up the issue. 

Adjacent to Colorado (from Tribal Government Gaming): 

  • All of Arizona’s Tribes can offer in-person wagering and digital betting on the reservation. But off reservation, the 10 Tribes licensed to offer online sports betting are regulated by the state and pay the same 10% tax rate as commercial operators.  
  • Nebraska voters agreed to legalize sports betting on the November 2020 ballot, and three years later, the first bets were taken. The Winnebago Tribe is a key player on the Nebraska gaming scene, but in this case, the Tribe is regulated and taxed by the state.
  • Oklahoma Tribes are hoping to pursue legalizing sports betting when the current governor’s term limits are reached in 2027. 
  • New Mexico’s Tribes have their own regulatory body and are not beholden to the state. They also do not pay taxes.  



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What does Colorado’s largest home manufacturing plant shutting down mean for industry?

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What does Colorado’s largest home manufacturing plant shutting down mean for industry?


Colorado is losing its top facility in the push to make home construction more efficient and, by extension, the costs of new homes more affordable.

Clayton Homes filed a notice with the Colorado Department of Labor on Tuesday that it will shut down its Heibar Installation manufacturing plant at 475 W. 53rd Place in unincorporated Adams County. By the end of January, 74 workers will lose their jobs at the 200,000-square-foot facility near the intersection of Interstates 70 and 25.

“The layoffs involving the manufacturing department at the Heibar Colorado location will be permanent, and there will be no ‘bumping’ or transfer rights. Affected employees will be able to apply for open positions at other company locations,” Mike Whitmore, the senior director of Human Resources at Clayton Homes, informed the state in a Worker Adjustment and Retraining Notification Act letter.

The impact goes far beyond the 74 jobs being lost. The plant was a key supplier to Oakwood Homes, which is building some of the most affordable non-subsidized homes along the northern Front Range. It offered a model to emulate when Gov. Jared Polis made fostering innovation and introducing manufacturing efficiencies into the home construction process a top economic development priority.

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Oakwood, the state’s largest privately-owned homebuilder, launched Precision Building Systems (PBS) in 2003. Clayton Properties Group, a subsidiary of Berkshire Hathaway, acquired Oakwood in 2017, and placed PBS under its Heibar Installation subsidiary, which is based in Maryville, Tenn. The PBS plant kept its name until early 2024, when it was rebranded as Heibar Colorado.

Heibar declined to provide a reason for why it closed the Colorado plant. It also appears that shipping components from its remaining plants in Indiana, Utah and Tennessee long distances to Colorado won’t make economic sense.

Oakwood Homes, in a statement, emphasized that it remains committed to providing attainable homes and that its sales remain strong, rising more than 25% this year over last. While new home construction has slowed nationwide this year, low demand at Oakwood does not appear to be an issue.

“We remain focused on opening doors to home ownership for more families. Heibar’s decision to close its Denver facility will have no long-term impact on Oakwood Homes,” the company said in a statement.

Oakwood Homes did not provide details on how it would replace the components or which manufacturing plant would do so. Although the companies were once closely intertwined, Heibar may not be as essential to Oakwood’s plans as it once was.

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Pat Hamill, Oakwood’s founder, focused on building homes affordable for first-time buyers and PBS was key to that strategy. Building more home components indoors, from trusses to floors to complete walls and eventually larger modules, helped lower costs. A wall, for example, would include the framing, insulation, drywall, and electrical wiring and connections.

Components were sent to a homesite, where they could be assembled much faster than with traditional stick build methods. Manufacturing could take place while the lot was being prepared and then the home assembled. That process could take a month or two versus nine months or more for a traditional approach.

Oakwood Homes used the PBS plant most heavily for its On2 Homes, which remain available in Reunion. That line, which is smaller in size and uses larger modules, starts in the mid-$300,000 range in a market where the median price of an existing single-family home sold last month was $640,000.

Building larger sections of homes in a more controlled environment indoors allows for higher precision, tighter quality control and less material waste. Workers could focus on specific tasks along an assembly line, and that line could run day and night, depending on demand.

The construction industry has long struggled with severe labor shortages, which are expected to only worsen as the workforce ages and immigration tightens. Attracting young adults to the field has been a challenge, and manufacturing is viewed as a more palatable option for them than working outdoors in bad weather and dealing with seasonal layoffs.

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Manufacturing wages are below what a skilled tradesman could make, providing additional savings to builders. But for workers,  manufacturing jobs can provide higher pay and more consistent schedules than many service jobs.

The closure comes despite the Polis administration’s push to make Colorado a national leader in integrating manufacturing into the construction process and fostering innovative technologies, something the state has spent $50 million to encourage via grants and loans.

Heibar Colorado received a $1 million grant under the state’s Innovative Housing Incentive Program in return for a pledge to build 285 homes in the state.

“To date, the company has been awarded $283,000 for 57 units that qualified for the IHIP incentive funding,” said Alissa Johnson, communications director of the Colorado Office of Economic Development and International Trade.

It is not clear if Heibar will fulfill the terms of its grant. But its departure will not deter the state in its efforts, Johnson said.

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“The off-site construction industry is growing, advancing our commitment to build more housing now that Coloradans can afford. Some companies will succeed and some will fail and technologies will evolve, but the sector continues to grow,” she said. “We do not believe these layoffs are a reflection of Colorado’s off-site construction industry as a whole, and our state is advancing the development of this important industry across the state.”

Nearly two-thirds of the cost of a new home nationally is tied to construction, with 14% reflecting the cost of land and 22% coming from government-imposed costs, according to the Construction Cost Survey from the National Association of Homebuilders.



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Colorado police department urges parents to understand e-bike risks, rules, help

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Colorado police department urges parents to understand e-bike risks, rules, help


E-bikes, e-scooters and e-motorcycles, it can be hard to tell just by looking which type and class your child’s bike is. With the holiday shopping season in full swing, Lone Tree Police Department wants parents to know the risks and the rules that come with each kind of e-bike.

Lone Tree PD has seen an uptick in unsafe e-bike behavior in youth.

Recently, Lone Tree Police asked for the public’s help identifying teens riding e-motorcycles and e-dirt bikes in the Park Meadows area. Police are not looking to get these kids in trouble, but rather have a conversation about safety.

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CBS


A video shows the teens doing wheelies and riding the e-motorcycles where it is not legal to do so. Joe Deland, operations commander with Lone Tree PD, says scenes like it have become too common on Lone Tree streets.

“As more and more kids are getting access to these e-bikes, we’ve had much more of an issue with kids riding through traffic, doing unsafe things, running red lights,” Deland told CBS Colorado.

While they haven’t cited any kids yet, the police department wants parents to know what is legal and what isn’t.

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“Everybody sees this happening,” Deland said. “Everybody wants something done. So we’re trying first with education.”

Class 1 and 2 e-bikes are the only ones allowed on sidewalks and paths. They reach a maximum speed of 20 miles per hour.

Scott Howard, a Lone Tree school resource officer showed CBS Colorado examples of said these vehicle types, demonstrating the difference with two police e-bikes.  

“This is an example of a Class 1. It’s only going to assist you when you’re pedaling,” Howard explained. “This one over here is a Class 2, and it’s going to assist you when you’re pedaling or by throttle.”

Class 3 e-bikes go up to 28 miles per hour and must be ridden by someone 16 years or older on the road or bike lane, not the sidewalk.

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“If you’re on a Class 3 bicycle, you must be 16 years old or older, and, if you’re under 18, you have to wear a helmet, by law,” Howard said.

“Those are the ones that we really have an issue with, also the motorcycles and the e-dirt bikes,” Deland said. “If you ride on the paths, or if you’re under the age of 16, you can be cited under state law.”

E-scooters may not be ridden on sidewalks or paths and require registration and a driver’s license.

The same is true for e-motorcycles, which also require insurance, and many are designed for offroad use only.

“The electric motorcycles require a driver’s license, a motorcycle endorsement, insurance and registration. So, in other words, an electric motorcycle is like any other motorcycle on the roadway,” Howard said.

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“These are performance machines,” Deland said. “They can reach high speeds and cause really unsafe conditions for everybody.”

Howard says some electric dirt bikes are powerful enough to be considered an electric motorcycle and need to go through a process to become street legal. He says e-motorcycles and e-dirt bikes that are not street safe can be ridden on private property. The city suggests RAM Off-Road Park, Jewell Motocross and Rampart Range.

“There’s offroad riding tracks that are open year-round. There are mountain trails up at Rampart Range. So there are places that you can take one of those and go and enjoy it,” Howard said.

State lawmakers recently passed a law requiring retailers to sell e-bikes with correct labeling for class, speed and wattage, but it is not yet in effect.

“Right now, it’s going to be on the parents to make sure they’re doing their research prior to buying the e-bike,” Deland said.

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Lone Tree Police Department hopes education, not citations, will stop behavior like this.

“Our goal is to try to get in touch with these juveniles or their parents, so that we can educate them on the safety concerns that there are with these bikes,” Deland said. “Our ultimate goal is to avoid a tragedy.”

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Northern Colorado woman focus of endangered missing person alert

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Northern Colorado woman focus of endangered missing person alert


The Colorado Bureau of Investigation has issued an endanagered missing person alert for a 20-year-old Northern Colorado woman who has been missing since Nov. 30.

Kaylee Russell was last seen at 6 p.m. Nov. 30 and her last known location was near the Loveland/Johnstown Park-N-Ride at Colorado Highway 402 and Interstate 25.

She is listed as white, 5-feet-6 inches, 125 pounds with brown/blue eyes. She was last seen wearing a black hoodie, tan pants and brown slippers. Her vehicle is a 2016 black Tiguan Volkswagon with Colorado license plate 7880903.

Law enforcement said if seen to call 911 or the Evans Police Department at 970-350-9600.

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