Lawmakers push for constitutional amendment on Indian casinos

Michelle Williams

Wednesday, Aug. 25, 1999 | 9:14 a.m.

CORONADO, Calif. - California Indian tribes got two new allies in their battle toward legalizing Nevada-style gambling at their casinos: lawmakers who want to fix the constitutional problems with Proposition 5 and put it before the voters again.

A day after the California Supreme Court invalidated last year's gambling initiative, Republican Sen. James Brulte of Rancho Cucamonga and Democratic Sen. Richard Polanco of Los Angeles vowed to see through the wishes of the voters, who approved the measure by 63 percent last fall.

"We will do what we can to ensure that we move a constitutional amendment to the voters that allows them to once again say that this kind of gaming is acceptable on reservations," Polanco, Democratic majority leader, said Tuesday.

Justices ruled Monday that Proposition 5 was invalid because it sought to allow tribes to operate video slot machines and other games that are banned by the state constitution.

The ruling was the result of two lawsuits filed by a hotel and restaurant workers union and homeowners, but largely funded by Nevada casinos which fear the competition of Indian casinos in California.

A constitutional amendment allowing the video slot machines would require a two-thirds vote of the Democrat-controlled Legislature in order to get on the ballot, making Republican support essential. But the issue cuts across party lines and is influenced by the big-money lobbying and campaign contributions of both casino supporters and foes.

Nearly $100 million was spent last year in campaigns for and against Proposition 5, the most expensive ballot initiative race in the nation's history.

Lawmakers must act by Oct. 28 to qualify the measure for the March 2000 primary ballot, but the Legislature is set to adjourn for the year Sept. 10.

As a first step, the Senate Monday approved a constitutional amendment by Senate President Pro Tem John Burton, D-San Francisco, that makes minor changes in laws relating to horse racing. Burton hopes to amend the bill in the Assembly to add provisions for Indian gambling and get it approved before the current session ends.

Gov. Gray Davis also could seek a constitutional amendment, possibly one approved by the Legislature and placed on a statewide ballot, but no decision has been made, his spokeswoman Hilary McLean said.

Davis said Monday that he would work with the Legislature, tribes and all interested parties to find a constitutional solution to Indian gambling in California.

Tribal leaders meeting in Coronado for the California Nations Indian Gaming Association spent the morning outlining strategy, including their own push for a constitutional amendment. Tribes started a petition drive in June to qualify the question for the ballot; 670,000 verified voters' signatures are needed by mid-September.

Tribes operating without federally-required state gambling compacts will also seek meetings with Davis next month. The immediate concern is for 10 tribes operating in Riverside, San Bernardino and Santa Barbara counties, which face losing their video slot machines by Oct. 6.

A Los Angeles federal court order to shut down the machines was delayed last year pending the state Supreme Court's review of Proposition 5. Under the order, if the justices ruled against the measure, the casinos would stop operating the machines 14 days after the decision was finalized, which is Sept. 22.

"Barring a compact being agreed upon in the near feature or some other legal maneuver, this is what is going to happen," said Thom Mrozek, spokesman for the U.S. attorney's office in the Los Angeles-based Central District.

In January, a moderator between federal authorities and the tribes struck an agreement that if the court's decision was against Proposition 5, the tribes would voluntarily stop using the machines. Otherwise, the casinos would be in violation of the federal court order.

The Pechanga Indians in Temecula are among those threatened by the order. Chairman Mark A. Macarro said he is optimistic the tribe can forge an agreement with Davis within the next 45 days, averting federal seizure of their gambling machines.

But, he said, "If there is no agreement in place and no prospect of a constitutional amendment ... we do face the shutting down of these machines, but we don't face the complete shutdown of our operation."

Macarro noted that poker and bingo games are still legal.

Officials with the three other U.S. judicial districts in California said Tuesday that they were consulting with each other and the Justice Department regarding the court decision and there were no immediate plans to seize machines.

The tribes have been operating video slot machines and certain casino-style card games, like blackjack, for years without state or federal approval. The machines bring in 70 percent of Indian gambling revenues in California, CNIGA Chairman Daniel Tucker said.

In 1997, the 41 Indian casinos in California generated an estimated $1.4 billion in gross revenue, according to CNIGA.