Lawyer claims Class II machines hurt tribes

Wednesday, November 10, 2004  

A lawyer whose tribal clients signed compacts with California Gov. Arnold Schwarzenegger (R) says the use of video lottery terminals threatens Indian gaming.

Howard Dickstein said the use of the machines could be considered a breach of state-tribal compacts. He says this could lead to a closure of casinos or expansion of gaming at non-Indian facilities. Another tribal lawyer agreed the area was muddy.

The Morongo Band of Mission Indians and the Pechanga Band of Luiseño Indians are operating hundreds of the machines. Schwarzenegger sent them a letter claming that the use of the games violates a limit of 2,000 slot machines per tribe.

The terminals are normally classified as Class II games, unlike slot machines, which are Class III. The distinction has been argued in several courts, to the favor of tribes and electronic casino game manufacturers.

The state of California filed an amicus brief with the U.S. Supreme Court seeking to overturn those decisions, making similar arguments to Schwarzenegger's. The court refused to take the case.

Get the Story:
Stakes high in tribes' fight (The Riverside Press-Enterprise 11/10)
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Governor asks tribes to remove 'video lottery' machines (The North County Times 11/10)