Will Work for Legal Fees
Jerry Levine, a partner of the Holland and Knight law firm, never fails to amaze. At NCAI mid-year, he made a presentation on labor law but was quick to point out that he wasn't representing any tribes.

It turns out he's representing lawyers! At one session, he said he was in favor of technical standards for Class II games but was upset that lawyers were not involved in the NIGC panel on Class II definitions.

Class II-Class III distinctions are legal issues, he said, citing 10 years of litigation on the subject. So that automatically means lawyers should be involved. Guess he didn't get the memo about new Class II definitions reducing lawsuits.

NIGC Used to Work!
Liz Homer has it tough. As a former NIGC official and current tribal lawyer, she is in the difficult position of having to criticize NIGC on behalf of her clients while defending what she did at the agency. Can she do both at once?

Yes! She tooted her own horn yesterday, saying that she and former NIGC official Teresa Poust [another Holland and Knighter] did a great job in clarifying the Class II game definitions back in 2002.

At the same time, she said was very concerned that NIGC might be outsourcing its game classification to independent testing labs. Tribes need due process in case they disagree with a game's classification, she said.

B-I-N-G-Oh
If the name Norm DesRosiers sounds familiar, it should. This gaming commissioner for the Viejas Band of Kumeyaay Indians was once considered a top contender to head up NIGC. He didn't get the job, though. The Bush administration decided to recycle its Indian talent pool and went with Phil Hogen instead. [They must not trust anybody. Or is it the other way around?]

No big deal, because DesRosiers still has his hands full with the game of choice for Catholic churches and elderly Indians everywhere: BINGO! At one panel, he expressed amazement at the state of affairs for this once-humble game. "[I] never would have thought that the game of Bingo would be so legally complicated and technically complicated," he said.

Yes, Norm, Bingo is that complicated. At least according to the NIGC!

Sign O The Times
As pointed out by Joseph Carlini, executive director of the gaming commission for the Agua Caliente Band of Cahuilla Indians, the NIGC's working draft document on Class II games is way too long. How long? How about 116 pages.

In comparison, the Nevada Class III standards document is only 16 pages, he said.

Todd Elsaser, executive director of government systems and client support of GLI (Gaming Laboratories International), didn't care how long the document is or whether lawyers are helping to develop it. But he said it should offer clear guidance and that the standards should not restrict technology being used. He said even Class III games are struggling with technology.

NIGC chairman Phil Hogen assured analysts that the definitions would be ready by June 2005. He then reminded tribal leaders to not blame the tribal advisory committee for these definitions. [Blame the lawyers?]

Unfortunately for Homer, he said NIGC will issue some game classification advisory opinions in the near future. But will tribes have to follow them? He said NIGC will ask tribes first to remove any offending machines. Should they fail to do that, NIGC "will do the enforcement," he said.

NIGC and enforcement? Maybe Time Magazine should get on that exciting story. Tune in later for even more moments from G2E.

Live from G2E: Day 2