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.

Do Tribal Members Have Constitutional Rights?

Tribal Members have a dual citizenship status.  They are both citizens of the United States and members of their respective tribes.  Many tribes including Pala supposedly extend rights granted in the U.S. Constitution to tribal members.  But more and more it seems Pala's Executive Committee continues to punish its members for exercising their 1st amendment rights.

The 1st Amendment of the U.S. Constitution states:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Members sought to petition their tribal government for redress of grievances and assembled peacefully.  They were subsequently punished for this.  11 members had their rights stripped from them.

Now Pala's Executive Committee is seeking to exact even more punishment on its membership.

It is worth noting that Pala's Revenue Allocation Plan states in section 4. e. the following:

"Nothing contained in this subsection shall be interpreted to interfere with a member's right to freely express his or her views."

You can read it here:

10 Aug 2001 Pala Band PAGR

***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.

Paskenta

Paskenta Band of Nomlaki Indians audit alleges millions in mismanagement

Excerpt:

The audit, conducted by WilmerHale, a Washington, D.C. law firm, found that former council leaders "have fallen far short of their legal and ethical obligations to the tribe" by incurring expenses that include $17 million in private jet travel, $450,000 for tickets to the World Series, college basketball's Final Four and other sporting events, the Bee reported.

"Although the senior tribal administrators claimed that most of their spending was for reasonable business purposes, our inquiry suggests that serious questions exist about whether substantial amounts of tribal funds were actually spent for the senior tribal administrators' personal benefit," the Bee quotes from the audit report.

Read Full Article Here-->Paskenta Band of Nomlaki Indians audit alleges millions in mismanagement

***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.