California tribe refuses compact, risks losing slot machines

Jennifer Coleman

Thursday, Oct. 14, 1999 | 6:37 a.m.

SACRAMENTO, Calif. - A California Indian tribe has refused to sign a casino agreement with Gov. Gray Davis, risking federal seizure of their slot machines.

The Tule River Indian Tribe missed a federally imposed deadline Wednesday to sign the compact, saying the governor has acted outside his power by requiring tribes to agree to provisions not related to the regulation of casinos.

But a representative of the U.S. Attorney's office said Thursday that the tribe is gambling with their slot machines. All tribes are required under federal law to negotiate an agreement with the state before they can operate a casino, Assistant U.S. Attorney Ed Brennan said.

"Class III gaming is illegal without a compact," he said. The class III category includes Nevada-style games such as slot machines and card games.

Davis spokeswoman Hilary McLean said the tribe is testing the resolve of the federal government by operating without the required agreement.

"The U.S. Attorney made it clear during negotiations - this deadline is a deadline," she said.

Tule River Tribal Chairman Philip D. Hunter said the tribe would try to work out special conditions with the governor that would be unique to the Tule River tribe's situation.

"We are asking for changes that would best fit our tribe. The changes would be small," he said in a written statement.

The tribe objects to provisions mandating labor unions, food and beverage handling rules, environmental impacts, check cashing, credit extension procedures and workplace discrimination. The gambling compact's directives on those issues "interfere with tribal self-governance," the statement said.

McLean said the door is always open if the tribe wants to sign the compact.

"We think it's a fair contract. It's fair to the gaming and non-gaming tribes alike," she said.

The tribe would like to negotiate further with Davis and doesn't want to end up in court over the matter, Tribal Vice Chairman Larry DeSoto said in the tribe's statement.

It wouldn't be the first time Tule River has gone to court. Two years ago, the tribe filed a "bad-faith" lawsuit against then-Gov. Pete Wilson.

A U.S. District Court judge ruled that the case should be heard before any federal seizures. The lawsuit was delayed pending the outcome of Proposition 5, which would have allowed expansion of current Indian gambling operations.

The California Supreme Court recently overturned that proposition, saying it attempted to authorize games that are illegal under the state constitution.

Brennan said the tribe shouldn't count on a deadline extension.

"So much has changed now. The California Supreme Court said the type of gaming they're engaged in isn't legal. So they can't argue that the state of the law is uncertain," he said.

A conference is scheduled for the end of October to review the lawsuit, Brennan said.

"We'll be looking at our options in going forward with enforcement efforts," he said.