Legal Dispute Over Illegal Games Forces California Casino Cardrooms to Provide Surveillance Footage

A California Superior Court judge in Sacramento has granted a request by a coalition of tribal operators to order dozens of casino cardrooms to provide the court with eye-in-the-sky surveillance footage of their games. A California Superior Court judge in Sacramento has granted a request by a coalition of tribal operators to order dozens of casino cardrooms to provide the court with eye-in-the-sky surveillance footage of their games. Through this legal mandate, the tribes aim to scrutinize the operations within these casino cardrooms, hoping the footage will ultimately vindicate their claim that certain games offered by some establishments constitute illegal gambling games.

Background

The tribes, including the Agua Caliente Band of Cahuilla, the Pechanga Band of Indians, the Kumeyaay Nation, and the San Manuel Nation, have sued California’s cardrooms on January 1 for offering illegal gambling in violation of the state constitution and the California Penal Code.

California Games

The tribes have complained that the cardrooms’ so-called “California games” – versions of popular casino table games like blackjack and pai gow poker – violate tribal exclusivity on house-banked casino games.

Key Differences Between Tribal Exclusivity and California Games

• Tribal exclusivity mandates the actual rotation of the bank, whereas California games allow for a rake to be taken from each hand while allowing players to play in a rotating dealer position.
• The tribes argue that this allows players to act as their own bank, rather than the house acting as the bank.

The cardrooms claim that their games do not violate the ban on house-banked games because they allow players to choose when and if they want to act as the dealer. They hire state-licensed third parties to “shill” in the dealer spot, which is a de facto bank.

Access to Justice

The tribes have previously lacked standing to sue the cardrooms due to limited jurisdiction over sovereign nations. However, the California legislature passed the Tribal Nations Access to Justice Act last year, which opens a window for the tribes to apply to state courts for limited declaratory relief.

Consequences for Cardrooms

• The cardrooms will be required to provide overhead surveillance footage of their games from December 28, 2004, from 12.00 a.m. to 11.59 p.m.
• If the footage is incomplete, they must provide additional footage from December 31.

This case highlights the ongoing debate about tribal exclusivity and California games. The outcome will have significant implications for the future of gaming in the state.

Conclusion

In conclusion, the California cardrooms have been ordered to provide surveillance footage of their games as part of a lawsuit filed by a coalition of tribal operators. The tribes hope this will vindicate their claim that some games offered by some card rooms constitute illegal gambling games. The outcome of this case will be closely watched in the gaming industry and beyond.

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