California may not have legalized online gaming yet, but the Iipay Nation of Santa Ysabel tribe wasn’t waiting around. They recently launched a real money bingo site (DesertRoseBingo.com) for California residents, claiming that their sovereign rights allow them to do so. But California’s Attorney General, Kamala Harris, says not so fast while leveling a lawsuit in the US District Court for the Southern District of California.
What are the grounds for California’s lawsuit?
This case, which will be heard by Judge Anthony J. Battaglia on December 4th, is mostly based on claims that Santa Ysabel is violating the 2006 Unlawful Internet Gambling Enforcement Act (UIGEA) and the 1998 Indian Gaming Regulatory Act (IGRA). In fact, the lawsuit that was submitted to the US District Court mentions the UIGEA and IGRA over forty times. Here’s one choice excerpt from the case:
This action seeks appropriate injunctive relief to prevent unlawful Internet gambling; Defendant Iipay Nation of Santa Ysabel, also known as Santa Ysabel Band of Diegueno Mission Indians (Tribe), has begun to offer a facsimile of bingo over the Internet to bettors, who are not located on the Tribe’s Indian lands. In addition to violating state and federal law, the Tribe’s conduct materially breaches the tribal-state class III gaming compact (Compact) between the Tribe. and the State.
The state even claims that Santa Ysabel’s bingo site comes as “an imminent threat to the public health, safety, and welfare.” Strong words indeed from a state that many believe will be the next to legalize online poker.
What is Santa Ysabel’s Argument?
As mentioned before, the Iipay Nation of Santa Ysabel tribe believes that their status as a sovereign land gives them the right to offer real money iGaming – without state approval. But another part of their argument is that, according to the IGRA, bingo and poker are known as Class II gaming. And California Indian tribes are allowed to offer Class II gaming, provided these games are already offered in the Golden State.
California would have a stronger argument if Iipay Nation was offering Class III games like online blackjack, roulette and slots. After all, tribes must have an agreement with the state if they want to run these casino games. So it can be assumed that Santa Ysabel will argue that online bingo is still Class II, even if when offered over the internet.
In any case, we don’t have long to wait until the matter is heard by Judge Battaglia in early December.