Tribal Gaming
Kansas Lottery Sued by Tribe Claiming Illegal Ticket Sales on Reservation
Posted on: July 8, 2026, 07:54h.
Last updated on: July 8, 2026, 07:55h.
The Prairie Band Potawatomi Nation is suing the Kansas Lottery, alleging the state is illegally selling lottery tickets and operating lottery machines within its reservation in violation of the Indian Gaming Regulatory Act (IGRA) and the Nation’s sovereign rights.

The federal complaint, filed Monday in the U.S. District Court for the District of Kansas, asserts that “the Nation has the exclusive right to regulate gaming activity within the Reservation under IGRA” and that it has never authorized the State of Kansas to sell lottery products on tribal land. It asks the court to order the Kansas Lottery to cease those operations.
Sovereignty Dispute
The Nation’s reservation encompasses around 122 square miles of land in northeastern Kansas, primarily in Jackson County, about 15 miles north of Topeka, and is home to its sole casino, the Prairie Band Casino Resort. The Kansas Lottery operates around two dozen lottery terminals within reservation boundaries, according to the tribe.
“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,” said Prairie Band Potawatomi Nation Tribal Council Chairman Joseph “Zeke” Rupnick in a press release.
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,” he added.
The Nation says it sent multiple notices to Kansas Lottery Executive Director Stephen Durrell in May and June 2026 alleging the lottery was operating illegally on tribal land. Its counsel also met with representatives of the Kansas Attorney General’s Office to discuss the issue, but “there has been no resolution or effort by the state to stop its sales,” according to the tribe.
Lay of the Land
The Nation is also asking the court to declare that its reservation has never been legally “diminished” – meaning Congress never formally reduced its boundaries.
The Nation argues that although much of the land within the reservation has passed into non-tribal ownership over the past 180 years, Congress never abolished or shrank the reservation itself, meaning its original treaty boundaries remain intact under federal law.
This matters because if the reservation’s original boundaries remain legally intact, retailers selling Kansas Lottery tickets within those boundaries could be operating on Indian lands.
The lawsuit is not without precedent. In 2024, New York’s Cayuga Nation sued the New York State Gaming Commission, alleging lottery vending machines and ticket terminals operating on its reservation violated the Indian Gaming Regulatory Act because they constituted unauthorized Class III gaming on Indian lands.
A federal judge last year allowed that case to proceed, although it has yet to be decided on its merits.
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