Case: 3:25-cv-00698 Document #: 1 Filed: 08/20/25 Page 10 of 47
29. The federal regulations adopted by the NIGC, which implement IGRA, specifically state that class III gaming includes “[a]ny sports betting and pari-mutuel wagering including but not limited to wagering on horse racing, dog racing or jai alai.” 25 C.F.R. § 502.4 (c). 30. While federal regulations define class III gaming as including all house banked games, 25 C.F.R. § 502.4 (a) , the regulations separately state that sports betting constitutes class III gaming without reference to whether the wagering is house banked. 25 C.F.R. § 502.4 (c) . 31. Thus, sports betting constitutes a class III gaming activity regardless of whether the wager is made against the house or against other bettors. 32. Under IGRA, in order for class III gaming to be conducted on Indian lands: (1) the tribe must have adopted a tribal ordinance that authorizes the playing of the class III games and the ordinance must have been approved by the Chairman of the NIGC (the federal regulatory agency created under IGRA); (2) the state in which the class III gaming will be conducted must “permit” such gaming for any purpose by any person, organization, or entity; and (3) the class III gaming must be conducted in conformance with a Tribal-State compact entered into by the Indian tribe and the state, pursuant to IGRA. 25 U.S.C. § 2710(d)(1). 33. In order to go into effect, a tribal-state class III gaming compact must be approved by the Secretary, 25 U.S.C. § 2710(d)(8)(A), or deemed approved by operation of law, 25 U.S.C. § 2710(d)(8)(C), and notice of approval must be published in the Federal Register, 25 U.S.C. § 2710(d)(3)(B). 34. Gaming conducted by any person or entity on Indian lands that is not authorized by a tribal-state class III gaming compact violates IGRA and federal and state criminal law. See 25 U.S.C. §1166 (applying “all State laws pertaining to the licensing, regulation, or prohibition of gambling, including but not limited to
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