SACRAMENTO, Calif., May 22, 1998 -- In a decision that thwarts Las
Vegas gaming interests opposed to tribal gaming, the Third District Court of
Appeal has rejected a lawsuit filed by attorneys for Las Vegas casinos, that
sought to prevent the California Indian Self-Reliance Initiative from
appearing on the November state ballot.
Last month, a coalition of over 40 tribes submitted more than one million
voter signatures on petitions to place the initiative on the ballot. The
ballot measure would assure that California Indian tribes can keep operating
the same gaming they have had at Indian casinos on their own land for many
years.
On May 6, Nielsen, Merksamer, Parrinello, Mueller & Naylor, a law firm
registered with the California Secretary of State as a paid agent of Las Vegas
casino interests, filed a lawsuit aimed at keeping the initiative off the
ballot and to prevent Californians from voting on it. Governor Wilson, who
for years has opposed efforts by California tribes to protect their gaming
activities on tribal lands, filed an amicus brief supporting the Las Vegas
casinos' attempt to kill the initiative.
"We are pleased that the courts rejected this shameful attempt to take
away the rights of both California Indians and California voters," said Sycuan
tribal member Daniel J. Tucker, spokesperson for Californians for Indian Self-
Reliance. "It's clear that the Vegas casinos will do anything to kill off
Indian gaming in California and this lawsuit was just the beginning. Recent
news reports indicate that they plan to spend tens of millions of dollars on a
massive, negative political campaign to stop our initiative."
Since 1988, when Congress and President Reagan affirmed the right of
Indian tribes to have limited gaming on their reservations, Indian gaming in
California and 23 other states has provided many tribes with much-needed jobs
and revenues to provide decent housing, clean water supplies, better education
and health care for their people. Most reservations have little productive
land or are too far from population centers to support other forms of economic
development.
But in recent years, Governor Wilson and the Las Vegas casinos have
engaged in a complex legal dispute over the kinds of gaming machines allowed
on California Indian reservations. Wilson and Las Vegas gaming interests have
been working to shut down the popular video machines that provide up to three-
fourths of the revenues at most tribal casinos, claiming that these machines
are prohibited under state law. Indian leaders, together with state and
federal lawmakers, assert it is the governor who continues to violate federal
law by refusing to negotiate with Indian tribes on gaming. They point out
that not only has no court has ruled the devices illegal but that the state
lottery uses essentially the same technology to conduct its games.
To protect their rights, a coalition of gaming and non-gaming tribes
developed the California Indian Self-Reliance Initiative. This initiative
would clarify state law to assure that California tribes can keep the games
they currently have at their reservations and thus end the ongoing dispute
between the governor and the tribes.
"If California Indian gaming is shut down, the only real winners would be
Nevada and its rich casino owners," said Tucker. "It's no wonder that the Las
Vegas Review Journal recently called Governor Wilson's efforts to shut down
existing reservation games 'a most happy coincidence of interests.' It's
unfortunate that the Governor has aligned himself with the Las Vegas casino
interests and is fighting on their side against California Indian tribes,
thousands of tribal employees and more than one million California voters who
signed our initiative petition."
The Court of Appeal issued the order denying the request to throw the
initiative off the November 1998 ballot late last week. Attorneys
representing the Las Vegas casinos and Governor Wilson could appeal the ruling
to the State Supreme Court or the Sacramento Superior Court. Tucker says that
the Indian tribes are confident that the Court of Appeal's decision would be
upheld and that the courts will not frustrate the people of California's
desire to vote on this issue.
"Our hope is that Governor Wilson will stop trying to interfere with the
democratic process," said Tucker. "The people of California have the right to
decide this issue."
SOURCE Californians for Indian Self-Reliance
CONTACT: Waltona Manion, for Californians for Indian
Self-Reliance, 626-305-8466 or 916-448-8706