Ninth Circuit Briefs in Chicken Ranch Rancheria of Me-Wuk Indians of California v. State of California


State Opening Brief

Counties Amicus Brief

Union Amicus Brief

Answer Brief

Tribal Amicus Brief


Lower court materials here.

New Student Scholarship on Tribal Internet Gaming

The Jurimetrics Journal at ASU Law has published “A New Formula for Tribal Internet Gaming” by Racheal White Hawk. [pdf]

The abstract:

Tribal gaming is an industry that generates more than $27 billion a year. It comprises forty percent of all gaming in the United States, and has provided more than 628,000 jobs for Native and local communities. While tribal brick-and-mortar casinos contribute numerous economic, cultural, and social benefits to Native communities, Internet gaming profits are a potential boon. Internet gaming is well positioned for rapid growth because tens of millions of Americans use computers, cell phones, and tablets for shopping, games, and entertainment. Furthermore, with the advent of increasingly accurate geolocation technology, filtering, and blocking systems, the age and location of gamblers can be monitored, thus facilitating legal Internet gaming within state borders. Moreover, the potential for tax and licensing revenue from Internet gaming is immense, and states may enter into revenue-sharing agreements with tribes while offering exclusivity for tribal operators. For instance, in California, tribes contributed $467 million to state revenue in 2012 from brick and mortar casinos. States such as Delaware and New Jersey have legalized intrastate Internet gaming to reap tax revenue. California, however, has not yet legalized intrastate Internet gaming. Rather than wait for states to legalize intrastate Internet gaming, some tribes are launching their own online poker and bingo rooms to accept bets from players not located on Indian lands, asserting that doing so is legal under the Indian Gaming Regulatory Act (IGRA). However, some states disagree that it is legal under IGRA. To prevent impending expensive and time-consuming litigation and to support tribal economic development, Congress should reform the current regulatory patchwork of federal Internet gaming legislation by legalizing interstate Internet gaming, allowing states to opt out of the federal interstate Internet gaming scheme, and adding a new category specifically for Internet gaming to IGRA.

Federal Court Declines to Dismiss California v. Iipay Nation 

Here are the materials in State of California v. Iipay Nation of Santa Ysabel (S.D. Cal.):

15-1 Iipay Nation Motion to Dismiss

18 California Response

19 Iipay Nation Reply

24 DCT Order Denying Motion to Dismiss

TRO stage materials are here.

Iipay Nation Responsive Pleadings in Internet Gaming Matter

Here are the new materials in materials in State of California v. Iipay Nation Of Santa Ysabel (S.D. Cal.):

SY Interactive Memo Opposing TRO motion

Appendix A — Memo opposing TRO motion + attachment

Declaration — David Chelette + exhibits Part 1 corrected

Declaration — David Chelette + exhibits Part 2

Vialpando Declaration + exhibits part 1

Vialpando Declaration + exhibits part 2

The complaint and TRO motion is here.

California Next to Legalize Online Poker?

The California Legislature has till the end of August 2014 to decide on two bills that would regulate online poker. Both bills are backed by different interest groups, including various tribes. The bills are AB 2291 and SB 1366.

Additionally, the Iipay Nation of Santa Ysabel, CA is moving forward on an online poker site with the intention of adding real money play soon.  This will be an interesting development to keep an eye on and could help set the legal landscape for future tribal online gaming.

Check out this brief blog post on the Iipay Nation’s online poker site: Here

Minnesota Legislature Unhappy with Online Lottery Expansion

The Minnesota Lottery rolled out online sales of PowerBall, Mega Millions, and other lottery tickets four years ago and earlier this year debuted instant online scratch off games. It seems that the online scratch offs have illicit the ire of members of the Minnesota Legislature. Some of the Legislators are calling what the Minnesota Lottery is doing as “online crack.” Interesting articles about this can be found at the following:

Pioneer Press

Star Tribune

CBS Minnesota