Davis halts new California Indian gambling compacts

Don Thompson

Thursday, May 24, 2001 | 10:26 a.m.

SACRAMENTO, Calif. -- Gov. Gray Davis won't agree to any additional Indian gambling compacts until legal challenges to the state's tribal gambling law are resolved, his office said Wednesday.

The decision stalls nine tribes' pending casinos at least until September, when a federal judge in Sacramento is scheduled to hear a challenge to the law filed by four Bay Area card clubs.

The lawsuit could overturn a voter-approved proposition granting tribes the ability to operate slot machines and certain other forms of gambling, Davis' chief deputy legal affairs secretary, Shelley Anne W.L. Chang, said in a letter to the nine tribes this month.

As a result, she said, the administration will engage in no formal compact negotiations.

However, that doesn't block informal discussions, said Davis spokeswoman Hilary McLean.

That's actually a hopeful development for tribes, said attorney Anthony Cohen, because Davis' administration had had no discussions whatsoever for some time.

"If this means that the governor is now willing to talk informally, that's a good sign," said Cohen, who represents the Lytton Band of Pomo Indians. "There may be a sort of informal intertribal approach. If so, I hope to be a part of it."

The Lytton Band, which wants to run the state's first urban casino in San Pablo, is not directly affected by Davis' decision because it has no compact request pending, Cohen said. He hopes to ask for a compact this summer after the tribe secures its right to buy land in Contra Costa County to use for its casino.

Four Bay Area card clubs and two charities sued in February to block the band's acquisition of an existing card club. Their suit seeks to overturn a federal law as well as Proposition 1A, the measure voters approved in March 2000 allowing expanded gambling in tribal casinos.

"We are very glad the governor has slowed down on this," said Alan Titus, one of the attorneys representing the card clubs. "We think the proper thing now is to wait until the court makes its decision."

Under federal law, tribes need to negotiate a compact with the state in order to offer certain types of gambling, including blackjack and slot machines.

Davis' office said the nine tribes affected by his decision are the Enterprise Rancheria, Fort Mojave Tribe, Karuk Tribe, La Posta Band of Mission Indians, Round Valley tribe, Santa Ysabel Band of Diagueno Indians, Table Bluff Reservation-Wiyot Tribe, U tu Utu Gwaitu Paiute Tribe and Yurok Tribe.