The Tribal Nations Access to Justice Act has ignited a significant legal challenge in California, where several prominent gaming tribes are suing the state’s cardrooms. This lawsuit, filed on the first day permitted under the new law, centres around allegations that these cardrooms have been illegally offering blackjack and other card games, violating the exclusivity granted to tribal nations.
The current legal challenge
The tribes’ lawsuit claims that the cardrooms in California are allowing illegal gambling to take place. According to the tribes, these cardrooms have been offering banked games, such as blackjack, which contradict the prohibition provided under state law and breach the tribes’ exclusivity.
Tribal nations involved in the suit include the Agua Caliente Band of Cahuilla Indians, Barona Band of Mission Indians, Pechanga Band of Indians, Sycuan Band of the Kumeyaay Nation, Viejas Band of Kumeyaay Indians, Yocha Dehe Wintun Nation, and the Yuhaaviatam of San Manuel Nation.
Alleged violations by cardrooms
According to the tribes, cardrooms have circumvented legal restrictions by employing third-party proposition players to facilitate banked games, effectively mimicking casino-style gaming. This practice, they claim, undermines their exclusive rights and violates state law.
The complaint states, “Under Tribal-state compacts, California Indian Tribes have bargained with the State (and pay) for a gaming system that facilitates their exclusive right to offer such banked games within California. But for years, California cardrooms and their partner third-party proposition players have ignored the law and refused to recognise Tribes’ exclusive rights. Instead, they have reaped illegal windfalls by offering banked games that are barred by the California Constitution, California Penal Code, and relevant judicial decisions. Plaintiffs bring this lawsuit under the recently enacted Tribal Nations Access to Justice Act to stop Defendants’ exploitative abuses.”
In California, the last legislative move by Senate Bill 549 became the direct impetus for this lawsuit; the new law provides the tribes with the standing to ask the courts to decide the legality of cardroom operations, freeing the tribes from the previous legal impediment that limited their legal standing in court.
Tribal Nations Access to Justice Act
Tribal gaming in California has been a contentious issue for decades. Initially, tribal casinos emerged as a means for tribes to achieve economic self-sufficiency. Over time, disputes arose over the scope of their gaming rights, often pitting tribes against state authorities and commercial cardrooms.
The Tribal Nations Access to Justice Act was enacted to provide tribal nations with a legal pathway to enforce their exclusive gaming rights. This legislation addresses the long-standing issue of tribal sovereignty and their ability to challenge state actions that impact their gaming operations.
The final outcome of this case can have wide-reaching impacts, regardless of the direction it takes. A ruling in favour of the tribes by reinforcing their exclusive rights will strengthen the riparian rights that the tribes have enjoyed for eons, whereas a ruling against them might potentially open a Pandora’s box for cardroom expansions or operations.
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