California Governor Jerry Brown has been ordered to return to the negotiation table with the North Fork Rancheria of Mono Indians to hammer out a tribal state gaming compact after voters a year ago rejected the first compact with the tribe through Proposition 48.
U.S. District Judge Anthony Ishii ruled that Brown acted in bad faith by not returning to the bargaining table after voters overwhelmingly rejected the compact for the tribe which put land into trust that was far removed from its original homeland, a process called “off reservation.”
He ordered to state to conclude negotiations with the tribe within 60 days.
Federal law allows a tribe to seek redress from the federal government if a state government acts in “bad faith.” Brown’s office refused to deal with the tribe after the vote, alleging that doing so would be “futile” given the voters’ attitude about so-called “reservation shopping.”
If there is no agreement between a gaming tribe and the state, the judge could appoint a mediator to force one. The possibility exists that a compact could be forced on the state, even if the voters rejected it a second time.
The tribe had planned to build a casino resort on 305 acres put in trust near Highway 99, with 2,000 slot machines, 40 table games and a hotel.
The compact was defeated last November after extensive campaign spending by tribes such as Table Mountain Rancheria in Friant, and the Picayune Rancheria of Chukchansi Indians in Coarsegold. According to Dan Casas, counsel for Table Mountain, interviewed by the Fresno Bee: “The bigger picture for us is that if the state is going to allow ‘off-reservation gaming,’ they should allow it for everybody.”
The 80-acre North Fork Rancheria, which has 1,800 members, is so remote in the foothills of Madera County near Yosemite National Forest that the tribe said it could not locate a casino there.
The tribe praised the judge’s ruling: “The North Fork Rancheria is obviously pleased with the U.S. District Court’s ruling and believes it represents another important step forward in our ability to bring jobs and economic opportunity to the region,” said spokesman.
The governor’s office said he is reviewing his options.
