This article needs editing for compliance with Wikipedia's Manual of Style.(December 2015) |
California v. Cabazon Band of Mission Indians | |
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Argued December 9, 1986 Decided February 25, 1987 | |
Full case name | California, et al. v. Cabazon band of Mission Indians, et al. |
Citations | 480 U.S. 202 ( more ) 107 S. Ct. 1083; 94 L. Ed. 2d 244; 55 U.S.L.W. 4225 |
Case history | |
Prior | 783 F.2d 900 (9th Cir. 1986) (affirmed and remanded) |
Holding | |
Indian reservations may not engage in a form of gaming when that form is illegal in the state; conversely, Indian reservations may engage in a form of gaming when that form is legal in the state. | |
Court membership | |
| |
Case opinions | |
Majority | White, joined by Rehnquist, Brennan, Marshall, Blackmun, Powell |
Dissent | Stevens, joined by O'Connor, Scalia |
Laws applied | |
18 U.S.C. § 1151; 28 U.S.C.S. § 1162 | |
Superseded by | |
Indian Gaming Regulatory Act (1988) |
California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987), was a United States Supreme Court case involving the development of Native American gaming. The Supreme Court's decision effectively overturned the existing laws restricting gaming/gambling on U.S. Indian reservations.
The Cabazon and Morongo Bands of Mission Indians are two small Cahuilla Indian tribes that occupy reservation lands near Palm Springs in Riverside County, California. During the mid-1980s, both the Cabazon and Morongo Bands each owned and operated on their reservation lands small bingo parlors. In addition, the Cabazon Band operated a card club for playing poker and other card games. Both the bingo parlors and the Cabazon card club were open to the public and frequented predominantly by non-Indians visiting the reservations. In 1986, California State officials sought to shut down the Cabazon and Morongo Band's games, arguing that the high-stakes bingo and poker games violated state regulations. The case made it all the way to the Supreme Court before a decision was rendered on February 25, 1987. [1] [2]
The State of California contended that the Bands’ high-stakes bingo and poker games violated state law and requested that the Court recognize its statute governing the operation of bingo games. Riverside County additionally sought legal recognition of its ordinances regulating bingo play and prohibiting the operation of poker and other card games. California argued that under Public Law 280 (1953) Congress had granted six states – Alaska, California, Minnesota, Nebraska, Oregon, and Wisconsin – criminal jurisdiction over Native American tribal lands within the state's borders. [3] If California's regulatory laws prohibited gambling on a criminal basis, then it is likely Public Law 280 would have given the State of California the authority to enforce them on tribal lands. However, as the Cabazon Band argued, California's laws on gambling were civil regulatory laws, and therefore the tribal lands would not in fact fall under the lawful jurisdiction of the state. [4]
The Supreme Court held, as the Cabazon band argued, that because California state law did not prohibit gambling as a criminal act – and in fact encouraged it via the state lottery – they must be deemed regulatory in nature. As such, the authority to regulate gaming activities on tribal lands was found to fall outside those powers granted by the Public Law 280.
Cabazon had lasting implications regarding the sovereignty of Native American tribes in the United States. The ruling established a broader definition of tribal sovereignty and set the precedent that if the few states that with some lawful jurisdiction over tribal lands could not impose state regulations on reservation gaming, then no state could have such a right. Indian gaming could thus only be called into question in states where gambling was deemed criminal by state law.
Cabazon coincided with a period of rapid growth in the reservation gambling industry. What just years before had been a modest and relatively isolated phenomenon of reservation bingo and card games saw steady growth following the Supreme Court decision. [5] Congress responded by passing the Indian Gaming Regulatory Act (IGRA) in 1988, which expanded the kinds of games that tribal casinos could offer, and provided a framework for regulating the industry. As part of the act, the National Indian Gaming Commission (NIGC) was formed and Indian gaming was divided into 3 classes: Class I, Class II, and Class III. Class I encompasses charitable and social gaming with nominal prizes; Class II includes bingo and other punch-board/pull-tab style games; and Class III includes high-stakes bingo, casinos, slot machines, and other commercial gaming.
As of 1996, there were 184 tribes operating 281 gaming facilities. These facilities were spread across a total of 24 states, 14 of which have physical casinos on Indian reservations. In 1995, Class III gaming revenues totaled over $4.5 billion, with an additional $300 million in revenues from food sales, hotel accommodations and other services. After expenses, this amounted to $1.9 billion in net income, $1.6 billion of which went straight to the tribes on which the casinos were operating. [6] As of 2007, the tribal gaming industry had become a $25 billion industry generated by over 350 tribal casinos in 28 states. [7]
Native American gaming comprises casinos, bingo halls, and other gambling operations on Indian reservations or other tribal lands in the United States. Because these areas have tribal sovereignty, states have limited ability to forbid gambling there, as codified by the Indian Gaming Regulatory Act of 1988. As of 2011, there were 460 gambling operations run by 240 tribes, with a total annual revenue of $27 billion.
Turning Stone Resort Casino is a Native American resort casino owned and operated by the Oneida Indian Nation of New York (OIN) in Verona, New York.
Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996), was a United States Supreme Court case which held that Article One of the U.S. Constitution did not give the United States Congress the power to abrogate the sovereign immunity of the states that is further protected under the Eleventh Amendment. Such abrogation is permitted where it is necessary to enforce the rights of citizens guaranteed under the Fourteenth Amendment as per Fitzpatrick v. Bitzer. The case also held that the doctrine of Ex parte Young, which allows state officials to be sued in their official capacity for prospective injunctive relief, was inapplicable under these circumstances, because any remedy was limited to the one that Congress had provided.
The Lytton Band of Pomo Indians is a federally recognized tribe of Pomo Native Americans. They were recognized in the late 1980s, as lineal descendants of the two families who lived at the Lytton Rancheria in Healdsburg, California from 1937 to about 1960. The tribe now has around 275 enrolled members. It has a casino in San Pablo, California, and has proposed to build housing for tribe members, plus a winery and a hotel, just west of Windsor, California, in Sonoma County.
The Indian Gaming Regulatory Act is a 1988 United States federal law that establishes the jurisdictional framework that governs Indian gaming. There was no federal gaming structure before this act. The stated purposes of the act include providing a legislative basis for the operation/regulation of Indian gaming, protecting gaming as a means of generating revenue for the tribes, encouraging economic development of these tribes, and protecting the enterprises from negative influences. The law established the National Indian Gaming Commission and gave it a regulatory mandate. The law also delegated new authority to the U.S. Department of the Interior and created new federal offenses, giving the U.S. Department of Justice authority to prosecute them.
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Morongo Casino, Resort & Spa is a Native American gaming casino, of the Morongo Band of Cahuilla Mission Indians, located in Cabazon, California, United States, near San Gorgonio Pass. The casino has 310 rooms and suites. A 44-acre (180,000 m2), 27-story resort, Morongo is one of the largest casinos in California. At 330 feet (101 m) high, the casino tower is the tallest building in both Riverside County and the larger Inland Empire region.
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Seminole Tribe of Florida v. Butterworth, 658 F.2d 310, was a United States Court of Appeals for the Fifth Circuit case that significantly influenced the development of modern Indian Gaming law. In Seminole Tribe, the Fifth Circuit ruled that the State of Florida did not have authority to enforce the Florida Bingo Statute on the Seminole Tribe of Florida's reservation, even though Florida is a Public Law 280 state with special rights to extend criminal and limited civil jurisdiction over Indian Country. Because of the decision, the Seminole Tribe was able to build and operate the nation's first tribally-owned high-stakes bingo parlor on their reservation in Florida, even though bingo for profit was illegal under Florida law at the time. Many other tribes later followed the Seminole Tribe's lead by building their own bingo parlors on their reservations, leading many scholars to call the Seminole Tribe's victory in this case the "birth" of modern commercial gambling on reservations.
Gambling in Oregon relates to the laws, regulations, and authorized forms of gambling.
The impact of Native American gaming depends on the tribe and its location. In the 1970s, various tribes took unprecedented action to initiate gaming enterprises. In this groundbreaking revitalization of the Native American economy, they created a series of legal struggles between the federal, state, and tribal governments. Native American gaming has grown from bingo parlors to high-stakes gaming, and is deeply controversial. Disputes include tribal sovereignty, negative impact of gaming, and a loss of Native American culture. The Indian Gaming Regulatory Act was passed in 1988 to secure collaboration between the states and tribes and also for the federal government to oversee gaming operations. Gaming is extremely lucrative for several tribes, but it has also been unsuccessful in some instances.
The Cabazon Band of Cahuilla Indians is a federally recognized tribe of Cahuilla Indians, located in Riverside County, California. They were formerly known as the Cabazon Band of Mission Indians.
The Morongo Band of Mission Indians is a federally recognized tribe in California, United States. The main tribal groups are Cahuilla and Serrano. Tribal members also include Cupeño, Luiseño, and Chemehuevi Indians. Although many tribes in California are known as Mission Indians, some, such as those at Morongo, were never a part of the Spanish Missions in California.
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