Tribes in California Take Legal Action Against Card Rooms

After arguing for years federally recognized Native American Tribes and card rooms in California will soon be able to resolve a major dispute. The prime issue of the Tribes is with the card rooms’ offering of certain table games such as poker and blackjack.

The Tribes previously argued that such games cannot be offered by card rooms across California as they are banked games, which are banned under the state’s constitution. While Tribes are exempt from that ban, card rooms have found a way to circumvent it by offering players the ability to act as a bank.

Now, a number of Tribes have filed a lawsuit against card rooms in the state, seeking a court decision on the matter.

Card Rooms “Brazenly Profit from Illegal Gambling,” Lawsuit Claims

Represented by Keker, Van Nest & Peters, the Tribes filed the lawsuit with the Superior Court in California on Thursday, January 2, 2025. The legal claim follows a bill greenlighted by lawmakers that enabled Tribal operators to take their issues with card rooms to court. The aforementioned proposal, Senate Bill 549, was signed into law by Gov. Gavin Newsom, allowing the Tribes to turn to the court for a decision on the matter, starting from January 1, 2025. The aforementioned bill was described in the lawsuit as the “Tribal Nations Access to Justice Act.”

In the lawsuit, the Tribes reiterated the existing prohibition on banked casino games such as baccarat, blackjack, poker and pai gow. They pointed to an existing Tribal-state gaming compact that granted Tribes exclusivity over such games. However, the Tribes said that card rooms across California “refused to recognize” those exclusive rights and offered such games for years.

“Defendants brazenly profit from illegal gambling,“

reads the recently filed legal claim

Offering Banked Games Violates California’s Constitution

The lawsuit claims that card rooms offering banked games is in violation of the Tribes’ exclusive rights under Section 19 of Article IV of the California Constitution. This violation, per the legal claim, may be subject to a request for injunctive relief. “As detailed below, overwhelming evidence shows that Defendants are openly and extensively operating banked games in flagrant violation of the law,” the lawsuit reads.

“Under the California Constitution, the California Penal Code, and well-established authority, California card rooms have no right to offer banked games and violate the rights of California Indian tribes by doing so. The Court should declare that these games are illegal under California law and enjoin Defendants from offering and profiting from them,“

the lawsuit reads

Deeming the offering of banked games by card rooms as a violation of the state Constitution, the Tribes want the court to recognize the offering of those games as illegal. In addition, the Tribes asked the court to prohibit the card rooms from offering or profiting from such games.

A total of seven Tribes joined the lawsuit against card rooms in the state. The list includes: the Agua Caliente Band of Cahuilla Indians, the Barona Band of Mission Indians and the Pechanga Band of Indians. The Sycuan Band of The Kumeyaay Nation, the Viejas Band of Kumeyaay Indians, the Yocha Dehe Wintun Nation and the Yuhaaviatam of San Manuel Nation are also on the list of plaintiffs.