Court battle likely in Calif. dispute over tribal casino games

Bakersfield Californian ^ | 11/10/04 | Chris T. Nyugen - AP

[NormsRevenge]

LOS ANGELES (AP) - Setting up a likely court battle, one of two Southern California tribes accused by the state of illegally operating machines that look and feel like slot machines on Wednesday refused to remove them from its casino floor.

Mark Macarro, chairman of the Pechanga Band of Luiseno Mission Indians, said the tribe will sue Gov. Arnold Schwarzenegger's administration if it attempts to restrict the tribe from operating the machines. He said they are permitted under the current gambling agreements.

"The governor's office will have to realize they're in error and back off or we're continue to fight in court," Macarro said. "We believe these devices are entirely legal and allowed, and under our compacts we're exercising our right to have these devices. So the governor's getting some bad legal advice."

The administration last week sent letters to Pechanga and the Morongo Band of Mission Indians, ordering the Riverside County tribes to remove thousands of "video lottery terminals" and have them transported back to the manufacturer.

Pechanga had 1,671 terminals and Morongo will have 2,025 that "are virtually indistinguishable from slot machines next to which they have often been placed," according to the Nov. 4 letter by Peter Siggins, the administration's legal affairs secretary.

The tribes were given 60 days to remove the machines.

Schwarzenegger spokesman Vince Sollitto said Wednesday that if the tribes refused to comply, the state would consider filing a lawsuit in federal court against them.

Under the 1999 compacts signed by former Gov. Gray Davis, tribes are allowed to operate a total of 2,000 slot machines, which are subject to fees paid to two state-controlled funds. One fund earmarks $1.1 million a year to tribes without casinos. The other fund benefits local governments where tribal casinos are located. This year, counties received $25 million.

Morongo and Pechanga both have 2,000 slot machines, but tribal officials said the video lottery machines are not covered under their compacts and do not count toward the 2,000 limit.

The main difference between the two types of machines lies within their software, tribal officials said. With slot machines, gamblers play against the house, which determines the odds. Players of video lottery machines play against each other.

Morongo attorney George Forman on Wednesday declined to say whether the tribe would remove the machines.

Macarro said Pechanga has had about 400 video lottery machines on its casino floor for the past year. He said the tribe will refuse to pay revenues from those machines to the state.

[kingu]

Video Lottery Terminals were already declared to be 'slot machines' by the courts. The court case was about dollar operated machines that spit out lottery tickets (dispenser machines) being compared to these psedo-slot machines, the courts ruled with the state, which started this whole Prop 1a, Prop 5, Prop 70 thing.

I was wondering what that new room down at Pechanga was doing with all those old machines, and now I know. Trying to get around the slot machine number limits..

[NormsRevenge]

What will Lockyer do?

A suit filed by the state in federal court would have to go thru his office, I would assume.

[kingu]

His biggest campaign supporter (donator) has been Norman Pico down at Viejas in San Diego. Since Viejas has new compacts that allow more than the 2,000 machine limit, they'd be strongly interested in seeing that Pechanga doesn't sidestep their agreements.

I say that Lockyer, who drew up Davis' model revised compact seeking 25% of the gaming revenue, will reluctantly go to court for California. Not because he doesn't support the concepts, but just because Schwarzenegger wants him to.

I hope that whomever the Republicans plan on putting up against Lockyer is paying close attention right now.. What steps are made are excellent campaign material in two years.

[NormsRevenge]

This is gonna be some wingding as aRnie circles the wagons.. better order more popcorn. ;)

[kingu]

Morongo and Pechanga should stop getting their political advice from Milanovich over at Agua Caliente. Twice now, they followed it, and got slapped down by the voters...

The first was in giving Lt. Governor Cruz Bustamante millions for his run for Vote No, then Vote For Me campaign during the recall. Voters replied by giving him less than 25 percent of the vote and by tossing out Davis.

Prop 70 went down in flames, even after a huge multi-million dollar campaign.

I don't think the public are going to rally around the idea that 2,000 machines just isn't enough. They're going to be more interested in wondering why these 'video lottery terminals' are being used, and if they're being taken to the cleaners by the 'player bank' system.

Macarro liked appearing in commercials, and I'm sure his publicist is happily telling him how convincing he is to the voters. Four years ago, that worked. Today? A twenty story skyscraper near Temecula isn't going to make a convincing backdrop about how they're being stomped on by Governor Schwarzenegger. It's a losing bet for him, and he should pull his chips before Schwarzenegger picks up the phone and calls the White House asking that the compact be nullified since Pechanga isn't living within the terms of it.

[RIGHT IN LAS VEGAS]

I think gameing should be allowed everwhere......

The only exemption, 70+ year-old women, smoking at the poker machine on Christmas Morning, at my local VON'S supermarket. (Pecos and E. Russell Rd., Las Vegas)

....have a free ride.

THEY ARE THE QUEEN BEE'S!

(you have to see it to believe it)

LOL!!!!!!!