7/13/21
IGRA EXCEPTION
• The Johnson Act doesn’t apply to any Class III gaming conducted under a compact that is in effect and is entered into by a State where gaming is legal. (25 USC § 2710(d)(6)).
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CASE EXAMPLE (2003) • A Tribe that did not have a compact with the State replaced its class III gaming devices, which were illegal under IGRA, with Lucky Tab II machines. • The Tribe then sought relief from a previously imposed order of contempt. • The District Court granted relief, and the government appealed, claiming that the Lucky Tab II machines violated the Johnson Act. • The Eighth Circuit held that the Johnson Act doesn’t bar the machines because they are only a high-tech dispenser of pull tabs-- not a gaming device under the Act. • The Court further held that the machines were not a class III gaming device, and that the Tribe was allowed to operate the machines.
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