August 10, 2018
The appeal of a 2016 ruling against the online Desert Rose Casino has been rejected. The online casino is owned by the Iipay Nation of Santa Ysabel. The Online casino would have operated bingo games. However, the original ruling found the website a violation of the Unlawful Internet Gambling Enforcement Act.
The ruling from the US Court of Appeals for the Ninth Circuit prevents the tribe from moving forward with their online casino website.
California had tried to legalize online poker gaming in 2014. That attempt had failed. However, the tribe decided to attempt on their own the development and publishing of two gaming websites. DesertRoseBingo.com and their poker site, PrivateTable.com
Under the Indian Gaming Regulatory Act 1988, the tribe is given rights to offer gaming on their land without permission from the state. This is a right of their sovereignty.
The internet was not an issue in 1988. Therefore, was not a consideration when the Act was written. The use of the internet and the protection of the Act is where the conflict began.
The argument made by the tribe is that the website servers would be placed on tribal land. People that gambled on those sites would in turn by gambling on the tribe's land by proxy.
However, California fought the tribe believing that the under the Unlawful Internet Gambling Enforcement Act it did not matter where the website server was. Under this Act online gaming must be legal in both locations of where the casino is located as well as where the gambler places their wages.
The ruling was made against the tribe and upheld by the appellate court.Back
August 07, 2018
Last week a tribe that has been trying to offer poker and bingo games online has received another obstacle.
For many years the California tribe, Iipay Nation of Santa Ysabel, have been in the middle of an ongoing lawsuit with the state of California over the tribe's online bingo gaming site. The tribe first launched the website in 2014. Plans for an online poker gaming website were also in the works. However, that site was not published.
The US Court of Appeals for the Ninth Circuit upheld a previous ruling from December 2016 from a district court that sided with the state. This occurred last week. The new ruling has again prevented the tribe from moving forward with their online gaming plans.
Under the Indian Gaming Regulatory Act Native American tribes may offer casino gaming on their lands. The tribe's online gaming site, Desert Rose Casino, was a violation of the Unlawful Internet Gambling Enforcement Act. Under the law, casino gaming that occurs on Native American land is permitted. However, with an online casino gaming can occur anywhere in California. This is not covered under the Indian Gaming Regulatory Act.
The argument that the tribe presented was that the website server for the online casino would be located on their tribal land. Visitors to the website that participated in the online games would be wagering on the tribal land by proxy.
Lawyers for opposing side argued that the website was unlawful since under the law, any money transactions that are made online from betting is a violation.
California has not made any moves forward with allowing online gaming. It is unclear at this time if the tribe will appeal the case to a higher court.Back