The California Assembly passed a significant bill on Thursday that would allow Native American tribes to challenge the operations of state cardrooms in court, a move viewed as a critical step toward resolving longstanding disputes over gaming rights.
The bill, SB549, known as the Tribal Nations Access to Justice Act, passed with unanimous support in the Assembly by a vote of 62-0. It now heads to the state Senate, where it must be approved before the legislature adjourns.
The legislation would grant tribes the legal standing to seek court rulings on whether card games like blackjack and baccarat, which are offered at cardrooms and banked by third-party proposition player services, violate the California Constitution.
“The fact is this dispute is about a provision in the state constitution. State courts are the only appropriate venue,” said Assembly Majority Leader Cecilia Aguiar-Curry, a co-author of the bill, as reported by PlayUSA. “SB549 does not take a side in this dispute at all. It does take a side on whether the questions get answered.”
Native American tribes have struggled to bring their legal challenges before state courts due to their sovereign status, which generally prevents them from suing or being sued in state courts without specific legislative permission.
Rebecca Bauer-Kahan, a former law professor and current assembly member, emphasized the civil rights aspect of the legislation, pointing to the tribes’ inability to seek judicial resolution within a system that has jurisdiction over their surrounding land.
“Sovereign nations within our borders because we took their land and surrounded it with California,” Bauer-Kahan said during the Assembly session, according to the above-mentioned media. “And now we say, sorry, you can’t come into our courts and have this decided. And that to me is a fundamental civil rights issue.”
The passage of SB549 comes despite concerns from some lawmakers about the potential economic impact on cities that rely heavily on revenue generated by cardrooms. However, Assemblymember Matt Haney sought to reassure those worried about lost revenue, stating, “If the law is being followed, there is going to be no change. Anyone who is following the law has nothing to worry about when they enter the court.”
Al Muratsuchi, whose district includes the cardroom Hustler Casino, initially expressed hesitation due to concerns over city revenues. However, he ultimately backed the bill, acknowledging the tribes’ right to legal standing. “As sovereign nations, they deserve their standing to bring their claims to state courts to bring resolution to these issues,” Muratsuchi noted.
James Ramos, the first California tribal member to serve in the state legislature, noted that SB549 represents a significant compromise for tribes, which historically have not fared well in the state’s judicial system.
“SB549 is about tribal governments asking a judicial system that has not been friendly to California’s first people,” Ramos said. “And to now turn to a judicial court shows great compromise on the side of California’s first people.”
Despite strong lobbying against the bill, its unanimous passage in the Assembly underscores the importance legislators placed on allowing courts to resolve the matter. Only 17 assembly members abstained from voting.
Original article: https://www.yogonet.com/international/noticias/2024/09/02/77377-california-assembly-unanimously-backs-tribal-access-to-courts-in-cardroom-disputes
