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Online gambling participation over four weeks reached 39% (16% excluding lottery-only players), while in-person gambling participation was 29% (18% excluding lottery-only players). 

Top non-lottery activities during the period included scratchcards (13%), betting (10%) and online instant win games (8%). 

Betting skewed male, with 16% of men gambling on betting compared to 4% of women. Age-wise, overall gambling participation peaked among 45- to 64-year-olds (56%-59%), when excluding lotteries the highest participation was among 35- to 44-year-olds (35%). 

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Commissioners pointed to evidence suggesting the tribe may have already been overcharged compared to other member customers.

The Upper Sioux Community also argued that, as a sovereign tribal nation, it is not subject to Minnesota utility regulations. The commission declined to rule on the sovereignty question, concluding it was unnecessary to resolve that issue to determine that Minnesota Valley could not prevent the casino from generating its own power.

An attorney for Minnesota Valley told commissioners the cooperative plans to appeal the order.

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While Interior agreed that Scotts Valley met requirements regarding its modern ties to the area and the timing of the acquisition, the department ultimately concluded the tribe failed to demonstrate a sufficiently significant historical connection to the land.

In court Friday, DOJ attorney Amber Dutton-Bynum argued that Scotts Valley could not meet the high threshold for irreparable harm required to secure an injunction. She maintained that the tribe knowingly chose to invest in the Preview Casino while its gaming status remained uncertain, as reported by Law360. Dutton-Bynum added that the modular buildings could easily be repurposed for non-gaming commercial uses if the prohibition stands.

Patrick Bergin, an attorney for Scotts Valley, rejected that argument, noting the difficulty of converting a site explicitly planned and built for gaming into something like an auto dealership.