Santa Ysabel Claims Sovereignty - Seeks Case Dismissal Over Online Poker

Iipay Nation of Santa Ysabel Files Motion to Dismiss California AG Lawsuit, Claiming Sovereignty

January 8th, 2015 | by Brian Corlisse

The Iipay Nation of Santa Ysabel has filed a motion to dismiss the lawsuit launched by the State of California via the Attorney General’s office, that seeks to pull a plug on its online gambling aspirations.

The tribe, which ran a land-based casino until it was forced to closed in 2007, leaving it millions of dollars in debt, has vowed to go it alone and offer online poker and bingo to Californians, whether the state chooses to legalize or not.

The Iipay Nation says it’s its sovereign right to do so, and that it is justified under the Indian Gaming and Regulations Act 1988 (IGRA).

Read Full Article Here-->Iipay Nation of Santa Ysabel Files Motion to Dismiss California AG Lawsuit, Claiming Sovereignty

Also:

Iipay Nation Ask Court to Dismiss Calif iBingo Case

Santa Ysabel Goes Live With Online Bingo

Santa Ysabel Online Gambling Goes Live in California, But Not With Poker

November 4th, 2014 by Philip Conneller

The Iipay Nation of Santa Ysabel, the go-it-alone tribal gaming operator that has vowed to launch a real-money online poker site whether California legalizes it or not, began offering real money online gaming this week. But it’s not poker, it’s bingo.

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The tribe has made clear that it is interested only in poker and bingo.

“House-banked games and slot machines are defined as Class III games, and can only be offered in a tribal casino upon agreement with the state through a Tribal-State Gaming Compact,” it says on its website. “Santa Ysabel has had such a compact with the state since 2005, but has no plans to offer Class III gaming through its interactive website.”

Certainly, the tribe’s efforts to launch online poker in the California may depend on the success, or lack thereof, of the new bingo site and whether it receives legal challenges. And it’s likely that there will be legal challenges. The Iipays believe they have discovered a legal loophole in IGRA that defines bingo and poker as Class II gaming, but that assumes that bingo and poker are the same as online bingo and online poker, in a legal sense.

Read Full Article Here-->Santa Ysabel Online Gambling Goes Live in California, But Not With Poker

Another Setback For Tribal Online Gaming

Those of you following the saga of online poker in California know that tribes failed to push through legislation that would allow them to operate online poker sites.  That didn't stop at least one tribe, Santa Ysabel, from deciding to move forward with online poker.  Their website privatetable.com is now live offering poker.  Their argument is as usual - Tribal Sovereignty.  They also argue online poker is Class II gaming.  California considers poker Class II but it is not clear if that extends to online poker.

The question has been how are States going to react to tribes offering online gaming?  Also, how will the Federal Courts react?  Well, we may be getting some indication of the direction things are going to go.  It's likely going to get messy with a myriad of lawsuits being filed by States against Tribes.

In The News:

Idaho Coeur d’Alene Casino Stops Poker Per Federal Judge

Excerpts:
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Federal US District Judge B. Lynn Winmill has ruled that the Coeur d’Alene casino must stop offering Texas Hold’em tournaments and other poker games pending the outcome of the state’s lawsuit. Idaho was granted injunctive relief, while the tribe’s motion to dismiss was denied.
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This ruling could potentially have repercussions beyond the borders of Idaho. For instance, the Santa Ysabel tribe in California is attempting to launch an online poker site based on their ability to host Class II gaming from their reservation. While the laws of California clearly make poker a Class II game in that state, it’s not clear if that would also hold for online poker. In addition, the ruling still sets a precedent that states may be able to file injunctions against tribes in these cases without seeking a ruling from the National Indian Gaming Commission.

Read More Here->Idaho Coeur d’Alene Casino Stops Poker Per Federal Judge

Also:

Idaho Poker Ruling Could Impact California Online Poker

Excerpt:

Shapiro astutely points out that the ruling in Idaho sets a precedent for the state of California to file an injunction against the tribe without going to the National Indian Gaming Commission (NIGC) for a ruling.

This is just one of the many problems the Santa Ysabel tribe will face if they are serious about launching an online poker site in California.

Read More Here->Idaho Poker Ruling Could Impact California Online Poker

***WARNING*** 

Chairman Robert Smith, Chairman of the Pala Band of Mission Indians, Pala Band of Luiseno Indians, Pala Band of Luiseno Mission Indians of the Pala Reservation, is monitoring your comments.  He is going to track your IP address and "take action" against any tribal member posting comments he does not like.

The Fight Against Online Gaming Continues

Efforts to legalize online poker in California seem to have stalled a bit though most are still optimistic of getting a bill past in the next year or two.  The forces against online gaming, namely Sheldon Adelson and the Senators he has bought, continue their efforts to make online gambling illegal at the Federal Level.  The article below outlines the current tack Adelson's Senators are taking:

casino.org - Senators Appeal to DoJ for Reinterpretation of Wire Act

AUGUST 03, 2014 BY SAMANTHA BECKETT

Excerpt:

Three US senators have written to Attorney General Eric Holder, appealing to him to support the Restoration of America’s Wire Act. The bill, introduced earlier this year, seeks to outlaw all forms of online gambling at a federal level by adopting a previous interpretation of US gambling law. The Federal Wire Act of 1961, which was created as a means to stop organized crime from trafficking, failed to predict of the advent of the Internet age, and so leaves a lot to interpretation as to how it relates to online gambling.
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Senator Lindsey Graham, along with Diane Feinstein and Kelly Ayotte, believe that online poker is “bound to” prey on children and society’s most vulnerable.

Read More Here -->casino.org - Senators Appeal to DoJ for Reinterpretation of Wire Act 

Also in the news:

Amaya Gaming Officially Completes Acquisition of Pokerstars and Full Tilt

The Buzz: Dianne Feinstein continues push against Internet poker


I guess the tribes better start throwing money at Graham, Feinstein, and Ayotte or else online gambling may become illegal across the entire United States.  Or does Tribal Sovereignty Trump the Federal Government's Sovereignty?  Be interesting to watch what happens at Santa Ysabel now that they have started offering Online Poker.  What will the government do if anything?


Santa Ysabel Tribe Answers Queries Regarding PrivateTable.com

Californian Online Poker A Catalyst For US Expansion

***WARNING*** 

Chairman Robert Smith, Chairman of the Pala Band of Mission Indians, Pala Band of Luiseno Indians, Pala Band of Luiseno Mission Indians of the Pala Reservation, is monitoring your comments.  He is going to track your IP address and "take action" against any tribal member posting comments he does not like.

Online Gambling Legal For Indian Tribes?

Apparently some legal analysis is already starting to trickle down with the theory that online gambling conducted by Indian Tribes on reservation land may be legal.  The theory to my knowledge has not been tested in the court of law.  Of course, there is also the issue if they are referring to State Law or Federal Law.  In the article below it seems Owens is only referring to State Law.  There is also the issue of Federal Law and the transfer of money across State and International Borders.

Just to review briefly Iipay Tribe of Santa Ysabel has decided to move forward with their online poker site called privatetable.com which appears to already be operating.

In The News:

pokerupdate.com PrivateTable.com Poker Site Deemed Legal

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Despite the large debates surrounding the launch of PrivateTable.com, the site has been backed by several leading legal gambling authorities who believe that the site is operating completely within state law. Comments from attorney Martin Owens suggest that the site has done nothing to breach gambling laws and marks a step forward into bringing in some regulated gambling practices across the state.
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The issues were swept aside by Owens, who made a statement declaring that “If an Indian tribe has land of its own and wants to offer Class 2 gambling, they don’t have to consult state law at all.” A Class 2 license allows native tribes to operate basic gambling services such as poker on their lands and the Santa Ysabel nation currently holds a Class 3 license, giving them full rights to operate banked gaming services.


Read More Here --> pokerupdate.com PrivateTable.com Poker Site Deemed Legal


***WARNING***

Chairman Robert Smith, Chairman of the Pala Band of Mission Indians, Pala Band of Luiseno Indians, Pala Band of Luiseno Mission Indians of the Pala Reservation, is monitoring your comments.  He is going to track your IP address and "take action" against any tribal member posting comments he does not like.

Pala Interactive In the News

This is a long article but worth the read.  I will post a small excerpt here.  Please click the link and read the whole article if this interests you.

4flush.com - Santa Ysabel Gambit Complicates California Online Poker Scene

by Haley Hintze on July 15, 2014

Excerpt:

It’s interesting to note, however, that lawyers for the Pechanga-led coalition now trying to push through SB1366 and AB2291 did a flip-flop on this very same issue within the past three years, just in time to craft a favorable viewpoint favoring their tribal-only legislative efforts.  These same tribes declared a few years that online poker couldn’t be regulated via state-level compact because it was Class II, not Class III, then simply switched their collective interpretation when popular support for the regulation of California online poker began to grow.

If it sounds like hypocrisy, well, it is.

There’s also the question of some of these news reports quickly slapping a “rogue” label on the Santa Ysabels while utterly ignoring some of the other already established business connections.  The Pala tribe, one of the major components of the Pechanga-led faction, has already created a new entity called Pala Interactive, in which it partners with former Excapsa (UltimateBet) CEO James Ryan.  Pala Interactive also has some shared rights to the extant UB software, which means that years after UB itself failed amid scandal and tens of millions of dollars of internal theft and fraud, the old UB software could reemerge again, via Pala Interactive.

One could also note that the Pala tribe itself is also mired in major legal controversy over the forced disenfranchising of hundreds of former tribal members, many of whom are political opponents of the group currently in power.  The net effect is to distribute the massive proceeds from the Palas’ profitable gaming operations to a smaller group of official tribal members.

It’s hard to look at the sum of what the Pala nation would bring to online poker, and not toss in the word “rogue” somewhere.  Even if it doesn’t have quite the same meaning.

Read Full Article Here--> 4flush.com - Santa Ysabel Gambit Complicates California Online Poker Scene

***WARNING***

Chairman Robert Smith, Chairman of the Pala Band of Mission Indians, Pala Band of Luiseno Indians, Pala Band of Luiseno Mission Indians of the Pala Reservation, is monitoring your comments.  He is going to track your IP address and "take action" against any tribal member posting comments he does not like.

Santa Ysabel Moving Forward With Online Poker

parttimepoker.com - Santa Ysabel Tribe in California Launches Online Poker Site PrivateTable.com

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Why is this significant

The significance is two-fold. First, the obvious significance is for players in California as they may have a new, more trustworthy place to play.

For the rest of us, the significance lies in the precedent being set. Other tribes across the U.S will be watching what Santa Ysabel does with PrivateTable.com and will make decisions based on the results. Other tribes have, and absolutely still are, weighing the possibility of operating a Class II online poker site under their sovereign rights. Santa Ysabel is uniquely position to call out ‘first’ on this one for two key reasons:

•They don’t have much to lose. Santa Ysabel closed their land-based casino in February. If they are proven to be wrong regarding the legality of operating an online poker site as a tribe, they have no significant underlying business that can be harmed.

•They are in California, considered to be the gold mine for online gaming due to population and demographics. There is actual money to be made.

Read More Here -->parttimepoker.com - Santa Ysabel Tribe in California Launches Online Poker Site PrivateTable.com

Much More:

Santa Ysabel Interactive PrivateTable.com

4flush.com - Santa Ysabel Gambit Complicates California Online Poker Scene
by Haley Hintze on July 15, 2014

This week’s announcement by the cash-strapped Santa Ysabel tribal nation of an imminent rollout of real-money online poker for Californians, despite no formal state regulation, has added an interesting new twist to the neverending saga of the attempts to introduce and regulate the online game in the Golden State.  Whether or not the Santa Ysabels — also known as the Iipay Nation — move forward with their plans remains to be seen.

What’s for sure, however, is that an already-tipsy legislative apple cart in California’s state capital of Sacramento now has another element in play.  Regardless of the Santa Ysabels nation’s small financial size, the question now posed is a doozy: Do United States-based tribal nations even need federal or state approval to offer online poker, if they’ve already been cleared via the Department of the Interior to offer gambling on their own tribal lands?

Read More Here-->4flush.com - Santa Ysabel Gambit Complicates California Online Poker Scene

4flush.com - Online Poker Site Launched in California by Stand-Alone Tribe

onlinepokerreport.com - Bill or No Bill, Santa Ysabel Tribe To Push Forward With Online Poker in California

casino.org - California Tribe Claims Sovereignty, Launches Online Poker Site