Case: 3:25-cv-00698-wmc Document #: 56-1 Filed: 01/06/26 Page 12 of 13
1398, 1405 (7th Cir. 1994) (quoting Plumbers and Steamfitters Local 150 v. Vertex Constr. Co. , 932 F.2d 1443, 1449 (11th Cir. 1991)). Accordingly, because the Compact authorizes only the Nation to conduct class III gaming, it necessarily means that it prohibits all other entities from doing so. Thus, while the Compact does not list Defendants by name, it still expressly prohibits their sports-betting operations. 8 Not only does the Compact not authorize Defendants’ sports-betting activity, it cannot authorize Defendants’ sports-betting activity because IGRA requires that the Nation have the sole proprietary interest and be the primary beneficiary of all gaming conducted pursuant to the Compact. 25 U.S.C. §§ 2710(b)(2)(A)–(B), 2701(2); 25 C.F.R. § 522.7(c). Defendants are private, for-profit companies; the Nation, therefore, does not have the sole proprietary interest in Defendants’ gaming activity conducted on its lands, let alone any interest in Defendants’ gaming activity conducted on its lands. 8 Defendants argue they can do on Indian lands what so many tribes either prohibit or cannot do themselves. For example, both the Oneida Nation and Forest County Potawatomi Community prohibit people under the age of 21 from engaging in class III gaming at their gaming facilities. See Sportsbook Rules of Play, Oneida Casino Hotel, available at https://oneidacasinohotel.com/sportsbook-rules-of-play/ (last visited Jan. 6, 2026); Code of Conduct, Potawatomi Casino Hotel House Rules, available at https://www.potawatomi.com/casino/house-rules (last visited Jan. 6, 2026). In California, where wagering on the outcome of sporting events is prohibited, no tribe may operate or allow sports wagering on its Indian lands under a class III gaming compact. See, e.g. , Tribal State Compact Between the State of California and the Santa Ynez Band of Chumash Indians at § 3 (Dec. 17, 2015), available at https://www.bia.gov/sites/default/files/dup/assets/as- ia/oig/pdf/508_compliant_2015.12.23_santa_ynez_band_of_chumash_indians_tribal_state_gami ng_compact.pdf. Despite these prohibitions, an 18-year-old who is physically located on the Indian lands of the Oneida Nation, the Forest County Potawatomi Community, or any tribe in California can use Kalshi’s app to wager on sporting events. Congress has not granted Defendants greater power to conduct and regulate gaming on Indian lands than tribes inherently possess.
12
Made with FlippingBook - Online catalogs