By Chet Barfield
STAFF WRITER
July 31, 1998
A federal judge set a process in motion yesterday to compel any or all of San Diego County's three gaming tribes to surrender their video gambling machines in early September unless the tribes have compacts signed by the governor and ratified by the Legislature.
In setting a swift timetable for Justice Department forfeiture suits to proceed, Judge Marilyn Huff noted that tribal-state compacts require legislative approval to be valid. A Sacramento Superior Court judge ruled so last month in a suit filed by tribes opposing the pact Gov. Pete Wilson signed in March with the Pala Indian band.
Since then, seven gaming tribes threatened with federal forfeiture suits -- including San Diego's Barona Indian band -- have adopted modified versions of the Wilson-Pala accord.
And, in a new development, it was announced yesterday that members of the Sycuan band have voted to accept a similar compact.
Despite Barona's agreement, which awaits Wilson's signature, Huff yesterday declined to lift the threat of forfeiture action. "It gives the parties some incentive to move forward," she said, adding Barona should "strongly encourage the Legislature to ratify this compact."
Last month, under strong pressure from opposition tribes, an Assembly committee voted down a bill to ratify the Wilson-Pala compact. The measure is expected to be reintroduced sometime before the Legislature adjourns Aug. 31.
Viejas members narrowly approved a proposed compact last Saturday but deleted a clause requiring the tribe to remain neutral on employee unionization campaigns. The governor is refusing to sign the amended document; he wants the tribe to take another vote with the deletion restored.
In court yesterday, it was announced Sycuan tribal members voted Monday night to accept a compact identical to Barona's.
The judge was given a copy of a letter, dated Wednesday, from Sycuan Chairwoman Georgia Tucker-Kimble to the governor's office. It said the tribe wants a compact "immediately" to avoid forfeiture of its casino machines.
Dan Kolkey, Wilson's legal counsel and chief negotiator, said he would have a document for Sycuan by tomorrow. "They would probably be in a position to sign it next week," he said.
In court yesterday, Huff showed she intends to move quickly on forfeiture suits the U.S. Attorney's Office filed in May against Barona and Sycuan, which at the time were refusing to enter negotiations with the state for compacts like Pala's.
Both tribes subsequently reversed course and agreed to negotiate, putting the cases on hold.
Viejas was not officially part of yesterday's proceedings, having agreed to negotiations before the suits were filed. Yesterday, Huff said Viejas would be added to the case unless it has a compact by Aug. 13, the date she set for prosecution motions to be filed.
Huff asked tribal attorneys when compacts might be ratified by the Legislature. Told it could be the last day of the session, Aug. 31, she scheduled a hearing for 9 a.m. Sept. 1.
She changed the date to Sept. 2 after Sycuan attorney George Forman noted that the Legislature usually adjourns well after midnight.
Representing the prosecution is San Diego schools Superintendent Alan Bersin, who, in an unusual move, is being retained on the case as a special assistant U.S. attorney. Bersin, the past U.S. attorney, handled Indian gaming cases in San Diego until his July 1 appointment to the education post.
Bersin suggested that Barona be dismissed from the case because of its agreement with the governor. Huff said she preferred to see what happens in coming weeks, then decide how to proceed with all three tribes.
"I have an open mind on this issue ... but the court will apply the law," she said. "In the absence of a tribal-state compact, the Class 3 (video slot machine) gambling is illegal on the reservations."
Danny Tucker, a Sycuan tribal member and chairman of an association of California's 39 gaming tribes, said his organization will continue pushing to block legislative ratification of the Pala compact and spinoff versions.
Nikki Symington, a publicist for Viejas, said it is unfair for the judge to hold San Diego-area tribes accountable for what happens in the Legislature.
"There are only 10 tribes in the compacting process," she said. "The rest of them are ... all fighting any kind of authorization or ratification by this governor, because they do not trust the man."