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California Tribe Sues Governor

CALIFORNIA – As reported by the San Diego Union-Tribune: "In a surprising challenge bound to reverberate statewide, the Rincon Indian band filed a federal lawsuit yesterday against Gov. Arnold Schwarzenegger, claiming that his casino negotiations with other tribes are unconstitutional and unfair.

"The suit challenges Schwarzenegger's impending deal with some large-casino tribes – including three in San Diego County – to allow unlimited numbers of slot machines in exchange for increased state revenues.

"Lifting the slot limit would 'destabilize tribal gaming in California' and 'materially alter the state's existing agreement' with Rincon and other tribes, Rincon contends. The suit, filed in San Diego's U.S. District Court, also names Attorney General Bill Lockyer and the state of California as defendants. It alleges the state has breached its contract and deprived Rincon of 'rights, privileges and immunities' guaranteed by the U.S. Constitution.

"…Rincon claims $350 million it has spent under its 1999 gambling compact with former Gov. Gray Davis would be jeopardized if the current cap of 2,000 slots is lifted for certain tribes but not others.

"…The suit seeks an injunction to block any new Schwarzenegger-led compact. It also asks for a mediator to be appointed to resolve other issues.

"…The lawsuit claims Rincon based its casino plans on the existing 20-year compact and its maximum limits on slots…"

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