Indian tribes agree to begin phasing out video gambling machines

Friday, Aug. 1, 1997 | 4:44 a.m.

The games are illegal in California, and Gov. Wilson has refused to negotiate with San Diego County's Barona, Sycuan and Viejas bands.

Under federal law, Indian gambling operations must be sanctioned by a tribal-state compact, and casinos cannot offer types of gambling prohibited by the state.

But U.S. Attorney Alan Bersin has helped the tribes navigate federal laws as other Indian bands work toward compacts that allow machine gambling.

A meeting between Bersin and tribal leaders Friday resulted in the quirky phase-out: Six percent of the machines will be removed by Aug. 20 and an additional 10 percent will be removed by Sept. 30.

It was unclear how those dates or percentages were reached. But a gradual reduction in the 2,600 machines would "minimize impacts to Tribal employees and local navigate economic impacts," Bersin said.

Tribal leaders could not offer projections on revenue or employee loss as a result of the phase-out.

"It's a significant reduction in our profit-making ability," said Anthony Pico, chairman of the Viejas band. "But we realize we have an obligation here to do what we can to extend an olive branch to the governor."

The three tribes are the largest employers in eastern San Diego County, and they are not beset by crime problems, according to the Greater San Diego Chamber of Commerce. In addition, each year the tribes purchase $100 million in goods and services from other San Diego businesses.

"We have taken great pride in our ability to share our good fortune with our neighbors and the San Diego community through philanthropy," Pico said. "These contributions will now also suffer."

Under an agreement last month, Bersin gave the tribes until Thursday to come up with a plan for removing the video gambling devices - or converting them. That compromise came after the U.S. Supreme Court refused to review a 9th U.S. Circuit Court of Appeals ruling against the Indian casinos.

But Wilson sent Bersin a letter characterizing the extension as a hindrance to the state's compact discussions with other tribes.

Wilson said Friday he was encouraged by the phase-out agreement, but that compact discussions with the tribes would not occur until all of the machines had been removed.

"I will negotiate in good faith...to enter into compacts with law-abiding tribes as I am required to do under federal law," he said. "However, I will not negotiate with any tribe that is violating the very federal law pursuant to which it seeks negotiation."