The North Fork Rancheria of Mono Indians in California has challenged the constitutionality of a referendum, financed by some competing casinos that would give voters the opportunity to reject the tribal gaming compact approved by the tribe and the state and the Bureau of Indian Affairs.
It filed its case in Madera County Superior Court. It claims that the compact is final because federal law allows tribes to do gaming unless state law forbids it and it challenges the ability of referendum to undo a compact once it becomes part of the federal register.
That same court last week ruled that Governor Jerry Brown and the federal government had the authority to approve the off-reservation casino compact last year.
Judge Michael Jurkovich ruled that the state constitution granted Brown the power to “negotiate and conclude compacts, subject to ratification by the legislature.” He added, “To hold otherwise would make the phrase ‘negotiate and conclude’ compacts meaningless.”
The tribe proposes to build a casino resort with 2,000 slot machines, 40 gaming tables on 305 acres near Madera, 36 miles from its original reservation.
Stand Up for California, which filed the lawsuit challenging the compact, plans to appeal.
