8/20/19
FILLING IN THE BLANKS
• Courts relied on the Senate Report on IGRA for guidance on distinguishing between a “Technologic Aid” and “Electronic or Electromechanical Facsimile”: • “[T]ribes should be given the opportunity to take advantage of modern methods of conducting class II games and the language regarding technology is designed to provide maximum flexibility . . . . For example, linking participant players at various reservations whether in the same or different States , by means of telephone, cable, television or satellite may be a reasonable approach for the tribes to take . Simultaneous games participation between and among reservations can be made practical by use of computers and telecommunications technology as long as the use of such technology does not change the fundamental characteristics of the bingo or lotto games.... In other words, such technology would merely broaden the potential participation levels and is readily distinguishable from the use of electronic facsimiles in which a single participant plays a game with or against a machine rather than with or against other players.
DEFINING A “TECHNOLOGIC AID”
Courts recognized a technological aid must possess at least two characteristics: The Game Must Operate to Broaden the Participation Levels of Participants in a Common Game “An ‘electronic aid’ to a class II game can be viewed as a device that offers some sort of communications technology to permit broader participation in the basic game being played.” Cabazon Band of Mission Indians v. National Indian Gaming Comm’n , 14 F.3d 633, 637 (D.C. Cir. 1994). The Participant Must Play With or Against a Machine Rather than With or Against Other Players “[B]ecause each player competes against other players to achieve a “bingo” rather than with or against a machine or the “house,” the machines are an aid to bingo, rather than a facsimile.” U.S. v. 162 MegaMania Gambling Devices , 231 F.3d 713, 725 (10th Cir. 2000).
13
Made with FlippingBook - professional solution for displaying marketing and sales documents online