Since the U.S. Supreme Court lifted the federal ban on sports betting, states have appeared to move with more alacrity than tribes to offer sports book. The one notable exception is New Mexico, whose path may show the way for other gaming tribes, as long as they meet the right conditions.
Rather than waiting for New Mexico’s legislature to legalize sports betting, the Tamaya Nation used what some might consider to be a “loophole” in federal and state law to begin offering sports betting unilaterally. It stopped waiting for permission to offer sports betting and began offering it at its Santa Ana Star Casino, operated by US Bookmaking and its legendary leader Vic Salerno. So far state lawmakers and the attorney general have adopted a watch and wait stance, but done nothing else.
The tribe says it acted within the Indian Gaming Regulatory Act, and within the tribal state gaming compact. It also took advantage of the fact that state law previously referred to the now defunct Professional and Amateur Sports Protection Act (PASPA) on the question of sports betting, and never adopted a state law.
The tribe is there taking the stance that sports betting is covered by Class III gaming, which it is legally allowed to offer. Since no law forbids it from offering sports betting, it is offering sports betting. The same is true of its compact with the state, it says.
Some say other tribes that have similar circumstances to the Tamaya Nation might use them to offer sports betting with minimum fuss.
