Threat of federal shutdown for San Diego County gambling is all but over

Thursday, Sept. 3, 1998 | 4:16 a.m.

Dismissal of the forfeiture suits will end a period of uncertainty for tribal members and some 4,000 employees who faced layoffs if the machines were lost. Video slots represent about 80 percent of the casino revenues at Barona and Sycuan.

The tribes reluctantly fell in line and agreed to gambling compacts modeled after one that Gov. Pete Wilson's struck solely with San Diego's Pala Indian Band in March. The tribe does not have a casino but wants to build one.

Under federal law, Indian tribes are required to have state compacts for most forms of casino gambling; California tribes have been operating without them.

Wilson maintains that video slot machines are illegal under California law and must be replaced by lottery-style machines in which a player would join a game already in progress rather than a game of chance on any particular machine.

Tribes across the state said the governor's insistence on the deal threatens their sovereignty and their livelihood, and only 10 of California's 39 gaming tribes have signed similar agreements.

The remaining tribes, including the Pechanga band near Temecula, have forfeiture suits pending in the state's other three federal districts. Many are hoping for the passage of Proposition 5 in November, which would legalize the video slots and make the compacts moot.

By next Thursday, prosecutors for the U.S. Attorney's Office plan to file motions to dismiss the San Diego County forfeiture suits, which could have sent federal authorities to tribal lands to seize the video slot machines or forced tribes to hand them over.

The 10 new compacts include transition provisions allowing the tribes to continue operating their video slots until the new lottery-style machines, which are under development, become available.

Prosecutors told San Diego Judge Marilyn Huff on Wednesday that all that remains is confirmation that the tribes' state compacts, ratified by the Legislature last week, have been submitted to the U.S. Department of Interior for federal approval.

Huff said she would dismiss the suits without prejudice, meaning they could be revived if circumstances change.

The county's Viejas Indian band was not officially part of the forfeiture proceeding but had been warned that it could face similar legal proceedings if it did not reach a similar agreement with the state.

Viejas had already agreed to negotiate with the governor's office when the suits were filed in mid-May against Barona and Sycuan. Both tribes subsequently agreed to similar negotiations, and all three tribes signed compacts last month.

"It's been a very difficult three months," Sycuan business manager John Tang said outside the courtroom Wednesday. "Yes, we're relieved this part is over, but we're concerned about the other tribes, particularly the ones facing forfeiture motions."

If passed, Proposition 5 would legalize video slot machines and lift any restrictions on the number that can be operated by any one tribe.

Barona attorney Art Bunce said his clients are glad their court battle is ending, but added, "We hope Proposition 5 passes for the benefit of all tribes in California."