Tired of waiting around for the California government to legalize iGaming, the Iipay Nation of Santa Ysabel set the wheels in motion to offer online poker. Ysabel first launched an online bingo site (Desert Rose Bingo) under the banner of sovereignty, and they were very close to running real money poker games at PrivateTable.com. However, US federal district judge Anthony Battaglia halted Ysabel’s momentum by issuing a temporary restraining order against the tribe offering online poker and bingo.
What’s the basis for shutting the real money sites down?
Both California Attorney General Kamala Harris and the US Department of Justice (DoJ) filed complaints about Ysabel’s real money gaming sites. The DoJ points to the fact that the state prohibits non-charitable bingo and poker off tribal lands. They’ve also referenced the UIGEA, which prohibits electronic financial transactions connected to “unlawful internet gambling.” Both points were enough to convince Battaglia to shut down the real money sites until this matter can be further reviewed.
Santa Ysabel’s argument for offering real money California Online Poker and Bingo
Besides touting their sovereignty, Ysabel uses the Indian Gaming Regulatory Act (IGRA) to back up their argument. The IGRA categorizes bingo and poker as Class II gaming, which California tribes can offer on their lands. However, Ysabel believes that even in their online form, bingo and poker should still fall under the Class II category. Cruz Bustamante, spokesman for Santa Ysabel Interactive, shed further light on the tribe’s argument through the following statement:
“If the State ultimately prevails on these important tribal sovereignty issues, the ultimate losers will be small, economically disenfranchised tribes in California and throughout the country. We remain hopeful that as the case progresses the court will make every effort to understand the game and its technology, ultimately realizing that the games being offered are by definition legal Class II games.”
Gatto’s recent iGaming bill targets Ysabel
California assemblyman Mike Gatto recently unveiled the “Internet Poker Consumer Protection Act of 2015,” the state’s latest attempt to get iPoker legalized. Gatto’s legislation includes one section that excludes tribes from the California online poker market if they accept bets from people off tribal lands.
This is by no means a death knell for Santa Ysabel, especially since the PokerStars coalition already opposes Gatto’s bill. However, it shows just one more side that’s against the tribe maneuvering past laws to offer California online poker.