The US Ninth Circuit Court of Appeals upheld a District Court decision that forces California to accept the rights of Indian tribes to incease total numbers of slots at tribal casinos. The new ruling means 10,000 more gambling machines can be installed without tribes having to pay hefty new casino taxes the state demanded.A 1999 deal with then-Governor Gray Davis gave each of the sixty-one tribes that signed the right to operate 2000 gaming machines. The state placed a cap on total slots in California at 32,151, deciding that may tribes would be unlikely to approach the individual limit.
But the growth in the tribal casino industry meant the state limit was quickly reached, and Governor Arnold Schwarzenegger pushed tribes wanting more machines to agree to large new payments to the state. The new compacts allowed larger tribes to go well past the 2000 game limit, but tribes still not to that number were asked for more revenue for permission to go over the state cap.
A US District Court judge ruled in August that tribes still complying with the 1999 deal are eligible to expand gaming to the 2000 slot standard, and now the appellate court has agreed with the decision.
While state spokemen say they will continue the appeal, tribal representatives are moving forward to install new casino games.
"The state can say whatever they want," San Pasqual attorney Stephen Solomon told the Saramento Bee. "At this point, we have prevailed."
Published on October 4, 2009 by K.C.Carmichael
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