Case: 3:25-cv-00698 Document #: 1 Filed: 08/20/25 Page 9 of 47
Indian reservation”; and “any lands title to which is either held in trust by the United States for the benefit of any Indian tribe or individual Indian or held by any Indian tribe or individual subject to a restriction by the United States against alienation and over which an Indian tribe exercises governmental power.” 25 U.S.C. §§ 2703(4)(A)-(B). 26. IGRA established a statutory framework for the regulation of Indian gaming, which “expressly pre-empts the field of governance of gaming activities on Indian lands.” Pueblo of Santa Ana v. Kelly , 932 F. Supp. 1284, 1289 (D.N.M. 1996) (quoting S. REP. No. 100-446 at 6); Gaming Corporation v. Dorsey & Whitney , 88 F. 3d 536 (8th Cir. 1996). 27. IGRA divides Indian gaming into three classes, with different regulatory requirements for each class. Class I gaming consists of traditional tribal games for prizes of minimal value connected with tribal ceremonies or celebrations. 25 U.S.C. § 2703(6). Class I gaming is within the exclusive regulatory jurisdiction of the tribes. Class II gaming consists of bingo, “whether or not electronic, computer, or other technological aids are used in connection therewith,” including “pull tabs, lotto, punch boards, tip jars, instant bingo, and other games similar to bingo.” 25 U.S.C. § 2703(7)(A)(i). Also included in class II gaming are non-banked card games either explicitly authorized by state law or not prohibited by state law and played in conformity with state regulations regarding hours of play and limits on wagers and pot sizes. 25 U.S.C. § 2703(7)(A)(i)-(ii) and (7)(B). Class III gaming is defined as “all forms of gaming that are not class I gaming or class II gaming,” 25 U.S.C. § 2703(8), which includes sports gambling. 28. Class III gaming can be the most lucrative form of gaming. It includes the games played in a typical casino in Las Vegas, such as slot machines, craps, roulette, and house banked and percentage card games, like blackjack (21).
9
QB\168080.00083\98102991.1
Made with FlippingBook - Online catalogs