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Tribes sue casinos over exclusive gaming rights

### Key Points at a Glance

– Several Californian Native American tribes have filed a lawsuit against private casinos.
– The lawsuit pertains to so-called “banked” games like Blackjack and Pai Gow Poker, which the tribes claim are exclusively reserved for their gaming facilities.
– The basis of the lawsuit is the Tribal Nations Access to Justice Act, which provides tribes with legal recourse against such activities.
– According to the tribes, private casinos have violated the California Constitution, the Penal Code, and existing court rulings.

###

Background of the Lawsuit

In California, several Native American tribes, including the Agua Caliente Band of Cahuilla Indians and the Pechanga Band of Indians, have taken legal action against private casinos. At the heart of the dispute are so-called “banked” games. These are table games like Blackjack, where the casino itself acts as the bank. According to the tribes, these games are exclusively reserved for Tribal casinos under existing agreements and laws.

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The tribes argue that private card rooms and their third-party operators have been ignoring these regulations for years, generating significant profits in the process. They are relying on the California Constitution, the Penal Code, and multiple court rulings to assert their exclusive rights.

###

The Tribal Nations Access to Justice Act

The lawsuit is based on the Tribal Nations Access to Justice Act, a new law created specifically for such cases. This law, also known as Senate Bill 549, was recently signed by California’s governor. It allows tribes to seek legal clarification on whether private card rooms are operating certain table games illegally.

Historically, tribes had limited legal options to challenge such activities due to their status as sovereign nations. With the new law, they now have a clear legal foundation to defend their interests.

###

Reactions from Private Casinos

Private card rooms have pushed back against the new regulations. Reports indicate they invested nearly $3 million to thwart the re-election of four lawmakers who supported the legislation. Despite these efforts, the operators later described their losses as “money well spent.”

###

The Tribes’ Demands

Through their lawsuit, the tribes aim to compel private casinos to cease their allegedly illegal activities. They believe their exclusive rights have been undermined by the long-standing practices of private operators and are calling for the strict enforcement of existing laws. Their goal is to protect the exclusivity of their gaming offerings and secure the economic benefits guaranteed to them through agreements with the state.

###

Our Assessment

The conflict between Californian Native American tribes and private casinos highlights the complexity of gambling regulation in the United States. The introduction of the Tribal Nations Access to Justice Act strengthens the tribes’ position to enforce their rights. At the same time, the case underscores the importance of clear legal frameworks for all parties involved. It remains to be seen how the courts will rule and what impact this will have on the gambling industry in California.

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