Alabama: Muscogee Creek Nation pursues legal action over sacred Hickory Ground casino dispute

The Muscogee Creek Nation of Oklahoma has escalated its legal efforts to reclaim Hickory Ground, a sacred site in Alabama that the tribe says has been desecrated by the construction of a casino operated by the Poarch Band of Creek Indians.

In a motion filed Wednesday, the Muscogee Creek Nation is seeking to amend its lawsuit against the Poarch Band, Auburn University, and the federal government, arguing that the development violates federal laws and continues to harm their cultural heritage.  

Principal Chief David Hill of the Muscogee Creek Nation stated the ongoing nature of the issue, stating in a press release Thursday, “The desecration of Hickory Ground is not a historical issue—it is happening right now. Every day that this destruction continues, it further harms our ancestors and our culture.”  

The lawsuit, originally dismissed by a lower court, was revived by the Eleventh Circuit Court of Appeals, which instructed the lower court to reassess the claims individually. The crux of the legal battle lies in whether the Poarch Band of Creek Indians can claim sovereign immunity in their ownership and development of the site.

The Muscogee Creek Nation argues that the Poarch Band, while related, historically resided further south in Atmore, Alabama, and should not have control over the Hickory Ground site. The Muscogee Creek Nation contends that the casino development involved the removal of the remains of at least 57 ancestors, an act they consider both culturally and legally unacceptable.

The tribe's amended complaint aims to hold the Poarch Band and other parties accountable for what they argue are violations of federal laws protecting Native American cultural and burial sites. The Poarch Band of Creek Indians responded to the Muscogee Creek Nation’s claims with a firm rejection.

In a statement issued Friday, Poarch Band spokesperson Kristin Hellmich criticized the legal action, saying: “Once again, representatives of the Muscogee Nation refuse to let the facts get in the way of a good story. They are now attacking Poarch’s sovereignty and pushing legal positions harmful to all of Indian country in an attempt to assert control over our trust land and limit our ability to pursue economic development for ourselves and our neighbors.”  

According to Mary Kathryn Nagle, legal counsel for the Muscogee Creek Nation, the motion reflects new claims that highlight not only past grievances but also what the tribe describes as the continuing desecration of the site. The motion will ask the court to consider updated claims, "which reflect not only the historical desecration but also the ongoing harms at Hickory Ground,” she said in a statement Thursday.