California Gaming Association Tells Gov. Newsom to Close Tribal Casinos, Claiming Health Trumps Sovereignty
Posted on: July 14, 2020, 08:45h.
Last updated on: July 14, 2020, 12:42h.
The California Gaming Association (CGA) has asked Governor Gavin Newsom (D) to order the closure of tribal casinos in the state. The trade body — which represents California’s card clubs, but not its tribal casinos — believes the state has the power to shut down the casinos during a health emergency, despite the tribes’ sovereign status.
The letter from the CGA comes as Newsom ordered an immediate halt to all indoor activities at restaurants, bars, entertainment venues, zoos, and museums in response to a 20 percent spike in coronavirus infections in California in the past week. The state recorded more than 8,000 new cases on Sunday.
California’s numerous card rooms are included in the order, but not its tribal casinos, which are not subject to the laws of the state. Native American-owned venues began reopening against Newsom’s wishes after their self-imposed lockdown in mid-May.
Political Hot Potato
But according to CGA President Kyle Kirkland, Newsom’s hands are not tied on the issue. Kirkland believes a clause in the tribes’ compacts — the gaming agreement they each sign with the state — suggests the tribal sovereignty does not supersede public health.
It states:
“The Tribe shall not conduct Class III Gaming in a manner that endangers the public health, safety, or welfare, provided, however, that nothing herein shall be construed to make applicable to the Tribe any state laws or regulations governing the use of tobacco.”
When public health and safety is at risk there is something you can do about it,” Kirkland said. “This is a contract, right? This is an agreement between the state and the tribes to offer gaming within our state. So the deal is you need to adhere to the contract, and if the governor feels like there’s a real health and safety risk, we need pull this back. My read of it is that he can do it.”
Whether the governor would try to do it is another matter. The issue of tribal sovereignty is incredibly politically sensitive. Moreover, any effort by the state to impose its will on tribal gaming would be swiftly met with multiple federal lawsuits.
Sports Betting Spat
The tribes and card clubs have long been at odds with one another, primarily over the clubs’ so-called California Games, which ape the casino games on which the tribes hold exclusivity — too closely, according to the tribes.
A recent legislative effort to legalize sports betting in California fizzled out last week because the tribes refused to endorse it or to compromise with the clubs.
Instead, the tribes want to get a measure on the ballot that, if approved, would legalize sports betting at their casinos, while freezing the card clubs out of the picture completely.
“Our position is, if we are all in this together, we are all in this together,” wrote Kirkland to Newsom.
It’s a position the tribes refuse to share.
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Last Comments ( 18 )
Same is going on in new york
I have gone to Harrahs Casino on tribal land and they are doing an excellent job. No need to close,
Grusome is a douche
Everything is closing again except Casinos . They might own the land but the communities we must take of. The people. The employees. I too work in a casino. Now restaurants there they took away the tables and chairs but people are still eating inside removing their masks. Eating at the machines. Licking their fingers touching the machines. Disgusting. No social distancing. Employees getting Covid19 . This is a pandemic. I need my job but I also want not to infect my family and I want to live! It does no good to close somethings while other places have 5000 people or more . How do we stop the virus? The virus doesn’t spread itself....... people spread the virus!
I also ask Governor Newsom should request the shutdown for casino's. First for the safety of people, coronavirus is contagious and having so many people gathering in one roof that's is so careless. Second all they want is your money, which they call entertainment, wow so many things in this life that is better than feeding those slot machines, better enjoy your money with your family not on an atm slot machine which you will never see that money again with families great memories...
I gamble at Inidan casinos and the newest one in the area. That being said, I do have to say that they are very strict in keeping people in line with the mask requirement. Washing our hands and sanitizing is our own responsibility. From what I've seen at this casino they are doing a great job.
I work at San Diego Casino where employees have tested positive in a restaurant and they haven’t even cleaned it and it’s already reopened. I’m scared.
I work in a small casino in Northern California and I don’t really think our pro cautions are good enough from what I’ve seen it still seems like one of the main places a virus like this thrives.
Working for a Tribal Casino, I witness day after day the lack of cleanliness that goes on there. No machines are wiped down. Dirty glassware lying around. Guest not wearing their masks properly. Guest smoking/ vaping and blowing their entire lung contents into the air. Missing partition glass at the restaurants. Minimal social distancing. The list goes on....... how about the fact that there are known positive cases and, while those individuals are told to stay home, those who came in contact with them are able to remain working. Places like this are a breeding ground for the virus. Guests are combative about wearing a mask. this virus does not discriminate against sovereign land and will continue to wreak havoc unless it can be shut down. Even just for two weeks, let the virus die for 14 solid days, then let those of us who are healthy come back to work!
The card room position plays politics here. The tribal casinos do not function as vectors for the Chinese Wuhan killer virus. The practices the tribal casinos have put in place reduce to near zero any infected guests or employees from entering the casinos. In fact, the Governor has come to appreciate the anti-virus precautions voluntarily established by tribal casinos. The Governor also understands that tribal casinos function in accord with the Indian Gaming Regulatory Act -- a federal law. Yes, the tribal governments and the state have entered into tribal-state compacts in good faith. These compacts describe the authorities of each party. Longstanding doctrine says the tribal governments have at least parity with the state government. Tribal governments do not serve as administrative sub-divisions of the state government. Thus, the Governor cannot dictate to tribal governments regarding the operation of their casinos on tribal land. Instead, both governments have reached a cooperative understanding of this matter. Meanwhile, the Governor does enjoy the authority over businesses, including card rooms, under state law. He has ordered them closed in the interests of public health.
I work for a tribal casino, and it is still beyond dirty, even with measures in place. people lower their masks and still cough/ sneeze on machines, sickly come in its not sanitary at all. they all need to be closed down
Prove the new cases came from casinos who have strict COVID practices
Governor Newsom cannot discriminate. All casinos, bars, restaurants etc should be open. Casinos are open including the bars and restaurants inside the casinos therefore there should not be any closures. The lack of uniformity is absolute discrimination. I’m confident the tribes will be among the first to say, all businesses should be open. Whether tribal or non tribal all bars must have a liquor license from the ABC so how can the ABC enforce Newsom’s orders at some bars and not others. I think the state will be facing law suits for discrimination and a lack of uniformity with these shut down orders and restrictions.
Cut off Access from all public Roads leading to the Sovereign Nation Casino's, They may own the Reservations, however they do not own the Roads leading to the reservation's,
If sports betting is allowed at all, it should be allowed in both venues. No favoritism. Fair is fair.