Feds Warned California Tribe Ahead of Casino Opening That Closed After Six Days
Story summary
The federal government says a California tribe opened a short-lived casino despite repeated warnings that its legal authority to operate was under review. On Friday, a Department of Justice attorney told a federal judge that the Scotts Valley Band of Pomo Indians knew the Interior Department could r
📌 Key Highlights & Takeaways
- The federal government says a California tribe opened a short-lived casino despite repeated warnings that its legal authority to operate was under review.
- On Friday, a Department of Justice attorney told a federal judge that the Scotts Valley Band of Pomo Indians knew the Interior Department could r
The federal government says a California tribe opened a short-lived casino despite repeated warnings that its legal authority to operate was under review.
On Friday, a Department of Justice attorney told a federal judge that the Scotts Valley Band of Pomo Indians knew the Interior Department could reverse an earlier determination that its Vallejo land was eligible for gaming.
Despite those warnings, the tribe opened its “Preview Casino” on July 24, offering Class II gaming out of modular structures.
Six days later, Interior determined that the land did not qualify for gaming under the Indian Gaming Regulatory Act (IGRA), forcing the tribe to shutter the operation and take the federal government back to court.
The arguments came as Scotts Valley asked US District Judge Trevor McFadden to issue a preliminary injunction blocking Interior’s July 30 decision. The outcome of the dispute directly threatens the tribe’s much larger ambition for the site: a proposed $700 million casino resort and hotel.
Under IGRA, gaming is generally prohibited on land taken into trust after 1988 unless it qualifies under specific exceptions. Scotts Valley claims its Vallejo property falls under the “restored lands” exception for federally recognized tribes.
While Interior agreed that Scotts Valley met requirements regarding its modern ties to the area and the timing of the acquisition, the department ultimately concluded the tribe failed to demonstrate a sufficiently significant historical connection to the land.
In court Friday, DOJ attorney Amber Dutton-Bynum argued that Scotts Valley could not meet the high threshold for irreparable harm required to secure an injunction. She maintained that the tribe knowingly chose to invest in the Preview Casino while its gaming status remained uncertain, as reported by Law360. Dutton-Bynum added that the modular buildings could easily be repurposed for non-gaming commercial uses if the prohibition stands.
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Source: Casino.org.
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