The Iipay Nation of Santa Ysabel, in California’s San Diego County, has blasted a lawsuit filed by the State of California to stop the tribe from offering real money online bingo. The tribe claims the state is attacking “tribal sovereignty” of all tribes.
The lawsuit was scheduled to be heard on December 4 in the US District Court for the Southern District of California.
In the statement released by the tribe it states, “The suit is intent on obstructing the rights and economic vitality afforded to federally-recognized Indian tribes under the Indian Gaming Regulatory Act (IGRA).”
It adds, “The State’s misguided attack completely ignores existing federal regulations and guidelines encompassed in the Cabazon Decision of the United States Supreme Court, which remains the law of the land. It is a thinly veiled attempt to weaken tribal governments as the State prepares to negotiate compacts with many of the California Tribes. This action by the State should be of great concern to all Tribes in California and elsewhere because it reflects a tactic that, if successful, would set a dangerous legal precedent that could be used in other jurisdictions to undermine and attack tribal sovereignty.”
So far the Iipay are the only tribe in the state to claim that they have the sovereign right to offer Class II gaming online, even though the state has yet to legalize the practice. The tribe began offering Class II gaming on DesertRoseBingo.com in November.
The California Attorney General’s position on the lawsuit is that the tribe is permitted to offer Class II gaming on tribal land, but not online. The state is seeking a temporary restraining order until the issue can be settled in federal court. It also contends that the tribe is violating its 2003 tribal state gaming compact.
The tribe notes that it has posted its gaming regulations pertaining to the website online and maintained total transparency about the operation and claims, “As of today, no representative from the office of the California governor has accepted the invitation to visit the reservation to discuss Santa Ysabel Interactive.”
The tribe has previously announced that it also plans to offer real money online poker at PrivateTable.com regardless of whether the state legalizes the games.
The tribe argues that the Indian Gaming Regulatory Act (IGRA) allows online Class II gaming even though IGRA was adopted before the widespread utilization of the internet.
The tribe opened a brick and mortar casino but was forced to close it seven years ago, leaving the tribe owing millions of dollars, which it unsuccessfully tried to expunge by declaring bankruptcy.
