The Cherokee Nation also contends that the UKB casino in Tahlequah is operating illegally, because it isn't located on trust land as required by the federal Indian Gaming Regulatory Act. Under Smith's leadership, the Cherokee Nation recently opposed efforts by the UKB to have Keetoowah land put in trust by the Cherokee County Commissioners. Then, Flint District Representative Woodrow Proctor made a motion to banish Smith from the UKB for causing hardships to the tribe, attacking the UKB constitution, and - as worded in the tribe's new banishment code - 'grievous conduct.' Once the council had banishment provisions at Saturday's meeting, Sequoyah District Representative Barry Dotson made a motion to add the banishment of Smith to the meeting agenda. The Cherokee Nation has no ban on dual enrollment, but the UKB prohibits dual enrollees from receiving benefits or taking part in tribal government. Smith, along with Cherokee Nation Deputy Chief Joe Grayson, are dual members of the Cherokee Nation and the UKB.
Last month, UKB councilors discussed kicking Smith out of the UKB, but no provisions existed in their legal code to allow such an action. The United Keetoowah Band Council adopted a tribal membership banishment code Saturday, and then proceeded to use it on Cherokee Nation Principal Chief Chad Smith.
