September 3, 1998
SAN DIEGO -- The threat of a federal shutdown of Indian gaming in San Diego County is all but over.
Prosecutors for the U.S. Attorney's Office told a San Diego federal judge yesterday that they expect to file motions by next Thursday to dismiss forfeiture suits calling for the Barona and Sycuan Indian bands to surrender their video slot machines.
All that remains is confirmation that the tribes' state compacts, ratified by the Legislature last week, have been submitted to the U.S. Department of Interior for federal approval.
Barona and Sycuan attorneys told Judge Marilyn Huff the compacts would be sent to Interior today. Huff said she would dismiss the suits without prejudice, meaning they could be revived if circumstances change.
The county's other gaming tribe, the Viejas Indian band, was under the same legal cloud even though it was not officially part of the proceedings.
When the suits were filed in mid-May, Viejas -- unlike Barona and Sycuan -- had agreed to enter negotiations with the governor's office for a compact based on the state's controversial accord with the Pala Indian Band.
Barona and Sycuan subsequently agreed to similar negotiations. All three tribes signed compacts with Gov. Pete Wilson last month.
The forfeiture dismissals will end what has been a painful and uncertain saga for tribal members and approximately 4,000 employees. Massive layoffs were predicted if the tribes lost their machines, which generate 80 percent of their casino revenues.
"It's been a very difficult three months," Sycuan business manager John Tang said outside the courtroom yesterday. "Yes, we're relieved this part is over, but we're concerned about the other tribes, particularly the ones facing forfeiture motions."
Only 10 of California's 39 gaming tribes signed onto the Pala accord. The rest -- including the Pechanga band near Temecula -- have forfeiture suits pending in the state's three other federal districts.
Most gaming tribes, including San Diego's, are pushing for passage of Proposition 5 in November. The ballot measure would supersede the compacts just signed, which authorize limited numbers of a new but undeveloped form of video lottery gambling machine.
Proposition 5 would legalize the disputed video slot machines now in play and would impose no restrictions on their numbers.
The 10 new compacts include transition provisions allowing the tribes to continue operating their video slots until the new machines become available.
Barona attorney Art Bunce said his clients are glad their court battle is ending, but added, "We hope Proposition 5 passes for the benefit of all tribes in California."
Appearing yesterday for the prosecution was Alan Bersin, who moved from San Diego U.S. attorney to schools superintendent July 1. Bersin was retained as a special prosecutor on this case to see it to conclusion.
Bersin gained the respect of local tribal leaders by meeting them on their own turf and taking their interests into consideration. Four years ago, in a "gentlemen's agreement" sealed by handshakes with the Barona, Sycuan and Viejas chairmen, Bersin promised to defer enforcement action until the tribes exhausted their legal appeals.
The tribes, in return, agreed not to add any more gambling machines to their existing inventories. In the intervening years, Bersin's district was the only one in the state that did not see a prolific expansion of Indian gaming.
Yesterday, after what was probably his last appearance as a U.S. attorney, Bersin said the pending case dismissal "brings us, hopefully, to the end of the road that the handshake agreement began in June of 1994."
He added he was happy to see the San Diego tribes enter compacts that bring them, for the first time, into compliance with federal law.
"Each tribe has acted honorably," Bersin said. "It has been a profound highlight of my legal career to have been a participant in this process."
Link to: California's Modern Indian War
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