Judge rules Indian gaming compact void unless ratified by Legislature

Thursday, June 25, 1998 | 1:39 a.m.

Sacramento County Superior Court Judge Lloyd Connolly said Wilson is free to negotiate, but cannot bind the state to an agreement without the consent of lawmakers.

"This court concludes that the authority (to set state gambling policy) is vested in the Legislature," Connolly said in ruling from the bench.

Connolly acted on a lawsuit brought by several tribes and supported by five state lawmakers. They argued that the governor had exceeded his authority when he reached the agreement with the Pala Band, a tribe which does not currently operate a casino but wants to open one.

The agreement was angrily denounced by most tribes that do operate casinos because it would prohibit the lucrative video slot machines now in play. Wilson contends the machines are illegal under the state constitution, and - in concert with the Pala Band - had proposed they be replaced with a limited number of interconnected machines allowing players to effectively compete against one another, rather than the house.

Tribes with casinos say the technology Wilson and the Pala Band propose is untested and will not be as popular as the slot machines.

"This is a victory not only for tribal soveriegnty, but a victory for the idea of separation of powers between the executive and legislative branches," said state Sen. Richard Polanco, D-Los Angeles.

Dave Nenna of the Tule River Indian reservation called the decision a small victory.

"I hope it opens the door for fair negotiations," he said.

Wilson spokesman Ron Low said the state would appeal.

"While we disagree with the court's decision, today's ruling has no practical effect on the governor's policy," Low said. "It permits the governor to continue negotiating and provides for the Legislature to ratify the resulting compact pursuant to our current policy."

Wilson has insisted that the Pala Band agreement serve as the model compact for any other tribe operating a casino in California. Most tribes say they were shut out of the Pala Band negotiations and won't be bound by the terms of the deal.

Federal prosecutors around the state have begun the process of obtaining court orders to shut down casinos where tribes have refused to negotiate on Wilson's terms, but immediate action is unlikely.

U.S. Attorney General Janet Reno refused a recent request to interject on the tribes' behalf.

A bill pending in the Legislature now would clarify that other tribes will be required to negotiate their own compacts one-on-one.

Senate President Pro Tem John Burton's bill also submits the compact to the Legislature and clarifies the governor's authority to negotiate gambling agreements with Indian tribes - a position that reflects his interpretation of the 1988 federal law regulating tribal gambling.

An initiative certified for the November ballot would allow the tribes to keep the current machines and require the governor to negotiate without preconditions.