While the Indian Gaming Compact caps the number of licenses a tribe can have for gambling terminals, tribes can circumvent the cap by obtaining unused licenses. The Tulalip Tribes were hoping to get in on some of the unused licenses, but the U.S. Court of Appeals for the Ninth Circuit has ruled the tribes are not entitled to additional video-gambling terminals.
A “most favored tribe” clause was what the case between the Tulalips and Indian Gaming Compact hinged on. The Spokanes amended their compact in 2008, which allowed them to obtain extra licenses by contributing to an intertribal fund. By doing this though, their cap would be cut from 4,700 to 3,000 terminals.
The state determined the Tulalips proposed amendment was lacking on conditions and limitations when compared to the Spokane Tribe’s amendment.