Santa Ysabel Files to Have Online Gambling Lawsuit Dropped
The Iipay Nation of Santa Ysabel has filed a motion to dismiss the lawsuit brought against it by the state of California.
Last month, the tribe surprised Golden State gambling stakeholders when it opened its first real money betting site, Desert Rose Bingo. But nearly as soon as the site was up and running, state and federal authorities pounced all over it, asserting that the tribe was breaking state law, not to mention the Unlawful Internet Gambling Enforcement Act (UIGEA).
A federal judge later granted California Attorney General Kamala Harris’ request for a temporary restraining order. The tribe was forced to shut down the site, which now displays a notice explaining the “misguided decision” made by the District Court.
Santa Ysabel’s motion, filed by attorney Little Fawn Boland, argues that the state of California has no right has no right to intervene in the matter, as its sovereign immunity protects it from such attacks.
Desert Rose’s use of a technologically convoluted method called VPN Aided Play System, they say, ensures that all play takes place technically on tribal lands. The tribe believes that they are within their right to offer bingo, claiming that it falls neatly into the Class II category of its compact with the state.
Apart from the sovereign immunity defense, Boland argues for dismissal due to the fact that the state had not followed correct procedure when bringing the suit against the tribe.
“The State has failed to comply with the procedural requirements of sections 9.1 and 11.2.1 of the Tribal-State Compact upon which the State purportedly relies for its claims,” he wrote. “The State is obliged to follow these mandatory procedures before the State can commence a declaratory action in federal court.”
Real money online poker delayed
In August of last year, online poker supporters Reginald Jones-Sawyer and Lou Correa chose to scrap bills which they hoped would legalize the industry in California. The Santa Ysabel made waves when it opened its free to play poker site, PrivateTable.
The tribe later announced that it would be opening PrivateTable for real money in July, but after many delays, the site still hasn’t opened its doors for real money betting.
Santa Ysabel has remained defiant and some would say reckless in their pursuit of online gambling. Speaking to the poker media, a spokesman for PrivateTable assured that the tribe “wasn’t bluffing,” and the site would be opening soon.