California Bill Allowing Tribes to Sue Cardrooms Gets Unanimous Support

Article by : Erik Gibbs Sep 2, 2024

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The California Assembly has taken a significant step in addressing long-standing disputes between Native American tribes and cardrooms by passing SB549, the Tribal Nations Access to Justice Act, with a unanimous 62-0 vote.

This bill, co-authored by Assembly Majority Leader Cecilia Aguiar-Curry, allows tribes to bring their concerns regarding the legality of card games offered by cardrooms, such as blackjack and baccarat, to state courts. The bill’s passage in the Assembly marks a major victory for tribes seeking legal clarity on whether these card games, operated by third-party proposition player service providers (TPPPS), violate the California constitution.

The key issue at the heart of this bill is whether the games offered by cardrooms infringe upon the exclusivity promised to tribal casinos over certain types of gambling. The tribes argue that these games, operated by cardrooms, may be unlawful, but due to their status as sovereign nations, they have not had the legal standing to bring their case before state courts. This has left them without a clear avenue to challenge these practices and seek a judicial ruling on the matter.

Aguiar-Curry emphasized that SB549 does not take sides in this dispute but instead aims to ensure that the legal questions are addressed in the appropriate venue. The bill, she argued, is about granting California’s first people the fundamental right to access justice and have their concerns heard in court.

Support for the bill extended across the Assembly, with legislators acknowledging the complexity of the issue. Assemblymember Rebecca Bauer-Kahan, a former law professor, highlighted the civil rights aspect of the bill, stressing that sovereign tribes should have the right to their day in court. Assemblymember Al Muratsuchi, initially uncertain about his vote due to the economic importance of cardrooms to his district, ultimately supported the bill after recognizing the fairness in allowing tribes to bring their claims before the courts.

The bill’s journey through the legislature has not been without controversy. Cardrooms, which are significant sources of revenue for many cities and employ union workers, have lobbied strongly against the bill. Despite this, the Assembly’s unanimous vote underscores the importance of resolving the legal questions surrounding the operation of these card games.

For the tribes, SB549 represents a compromise. Assemblymember James Ramos, the first California tribal member to serve in the state legislature, acknowledged that turning to a judicial system that has historically been unfriendly to California’s Native American communities is a significant concession. However, the bill’s passage demonstrates the tribes’ willingness to seek resolution through the courts.

The bill now moves to the Senate, where it must be approved before the California legislature adjourns for the year. Should the Senate concur, SB549 will grant tribes the legal standing needed to challenge the cardrooms’ practices in court, potentially reshaping the landscape of gambling in California.