Indian Gaming

Artist's rendering of the proposed North Fork Rancheria casino. Image from North Fork Casino Environmental Impact Statement

The Picayune Rancheria of the Chukchansi Indians can't sue California Gov. Jerry Brown (D) for approving an off-reservation casino, an appeals court ruled on Wednesday.

The tribe questioned whether Brown had the authority to approve the casino for the North Fork Rancheria of Mono Indians. The 3rd District Court of Appeal in Sacramento, however, said the governor can't be sued under the California Environmental Quality Act because he isn't a "public agency."

“The tribe did not sue a government office in this case; the tribe sued an individual — Edmund G. Brown Jr.,” Justice Ronald Robie wrote in the 3-0 decision. “True, the tribe sued that individual in his capacity as the Governor of California, but even in that capacity he is still an individual. He is not an ‘office’; he is a person — the chief executive officer of the state.”

The Chukchansi Tribe could appeal the decision to the state's Supreme Court. Or it could wait to see whether voters reject the North Fork casino on the ballot this November.

A "yes" vote on Proposition 48 approves the North Fork Rancheria's Class III gaming compact. A "no" vote rejects it.

The Chukchansi Tribe operates the Chukchansi Gold Resort & Casino, about 38 miles from the North Fork site.

A description of Proposition 48, from the California Secretary of State, follows:

Proposition 48 - Referendum to Overturn Indian Gaming Compacts
If signed by the required number of registered voters and timely filed with the Secretary of State, this petition will place on the statewide ballot a challenge to a state law previously approved by the Legislature and the Governor. The law must then be approved by a majority of voters at the next statewide election to go into effect. The law ratifies two gaming compacts (with the North Fork Rancheria of Mono Indians, and the Wiyot Tribe); and it exempts execution of the compacts, certain projects, and intergovernmental agreements from the California Environmental Quality Act. (13-0007)

Get the Story:
Court: Governor not a ‘public agency’ when it comes to CEQA (The Sacramento Bee 9/25)
Casino clears a legal hurdle: Brown’s not an ‘agency’ (The San Francisco Chronicle 9/25)

An Opinion:
Editorial: No to Prop. 48 and off-reservation casinos (The San Diego Union-Tribune 9/25)

Court of Appeal Decision:
Picayune Rancheria v. Brown (September 24, 2014)

Bureau of Indian Affairs Documents:
Press Release | Fact Sheet: North Fork Rancheria Decision | Section 20 Determination: North Fork Rancheria

Federal Register Notices:
Indian Gaming (October 22, 2013)
Land Acquisitions; North Fork Rancheria of Mono Indians of California (December 3, 2012)

Related Stories:
Another tribe joins fight against North Fork Rancheria compact (9/23)