The chairman of the trade association that represents most of California’s biggest gaming tribes has written an op-ed alleging that the Golden State’s 85 card clubs violate the state constitution, reported CDC Gaming Reports.
James Siva, chairman of the California Nations Indian Gaming Association (CNIGA), wrote the piece for Tribal Gaming and Hospitality. He urged the state’s courts to formally rule on whether “certain controlled games operated by California card clubs are banking card games that violate California law and infringe upon tribal exclusive gaming rights.”
Over the last two decades card clubs have grown from establishments that were largely limited to hosting poker games into virtual casinos, offering things like blackjack and banked poker games. This, Siva said, violates the constitution which grants gaming tribes exclusive rights to offer casino games.
The card rooms themselves pre-date tribal gaming in California. They range in size from rooms with a few tables, to large casinos with dozens of tables.
CNIGA has officially endorsed Senate Bill 549, which would enable tribes to go into state court and directly sue card clubs that they believe violate the constitution.
So far, despite the tribes’ assertions, the state Attorney General’s office has not tried to legally shut down any card rooms or allow tribes to file lawsuits. The courts have thrown out cases tribes have brought against card clubs.
Siva talked about this situation in his op-ed: “[G]oing into a courtroom is a considerable risk for tribes, as there is no guarantee there would be a judgment in their favor.”
Some say the card clubs should be happy to have their day in court. An attorney for the Viejas Band of Kumeyaay Indians told lawmakers: “[I]f [commercial gaming interests] believe that these games are legal, they should be eager to prove it in court.”
SB 549 has been passed by the Judiciary Committee in July, but seems bogged down from being brought to a vote. This puzzles Siva, who wrote that most members of the committee “seemed to be swayed by the strength of the tribal argument and abstained from voting on the bill.”
Many lawmakers, especially those whose districts have cities that host card clubs, know they are very popular, especially in cities where they provide a majority of tax revenue.
Many other members of the legislature are straddling the fence, trying to avoid either recognizing the legality of card rooms or taking the tribes’ side.
