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Court Upholds California Tribal Gaming Law

23 December 2003

SACRAMENTO, California – As reported by the Associated Press: "A federal appeals court upheld California's tribal gambling law Monday, ruling that it violates no federal law even though it gives tribes special privileges to operate casinos.

"The 9th U.S. Circuit Court of Appeals in San Francisco upheld the July 2002 decision by U.S. District Judge David F. Levi in Sacramento, who ruled against four San Francisco Bay area card clubs trying to stop the state's first urban casino in San Pablo.

"The ballot measure approved by California voters does indeed give American Indians a monopoly on Nevada-style gaming, which includes slot machines and blackjack, the district and appellate courts agreed.

"But both found the state's decision to permit tribal casinos violates neither the federal Indian Gaming Regulatory Act (IGRA), nor the U.S. constitutional guarantee of equal protection.

"…The card rooms' lawsuit challenged Proposition 1A, a statewide initiative passed in March 2000 that amended the state's constitution to permit tribes to operate casinos on their reservations.

"…The card clubs, led by Artichoke Joe's in San Bruno, claimed the expansion of tribal casinos in recent years has hurt their business because they can't compete with the Las Vegas-style operations…"

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