In a significant legal development, five tribal casinos in California have been exempted from state regulation following a federal court ruling. The US Court of Appeals for the Ninth Circuit upheld the decision, preventing California from engaging in co-management negotiations with Native tribes and other states.
The court's rationale for denying California's co-regulation efforts is grounded in the federal Indian Gaming Regulatory Act (IGRA). While the state sought compliance from tribes on various matters, including child support orders, parental support orders, victim lawsuits, and environmental regulations, the courts deemed these requirements unrelated to direct gambling regulation.
This legal outcome means that California tribes will now interact directly with the federal government, marking a historic shift, as no prior treaties existed between Indian communities and states.
The IGRA was enacted to oversee gaming activities in tribal territories. As sovereign entities, Native American tribes wield substantial authority over affairs within their lands. While the California government aimed to establish joint regulatory control over tribal casinos, the courts have affirmed the tribes' autonomy in this regard.
