Gavin Newsom gives CA Indian tribal casinos the right to sue others -- but you still can't sue them
Gavin Newsom is the deadly combination of corrupt and incompetent. Let's hope he doesn't win the Presidency in 2028 (and believe me, he's gonna run!)
His latest fail occurred in late September 2024, when he gave the right to Indian tribal casinos to sue California card rooms.
Since the tribal casinos opened in the 1990s, they have existed in their own legal bubble. Nobody can sue them, as they're considered to reside on sovereign native land. However, they also can't sue anyone or any company, for the same reason.
This has given rise to tons of abuse of gamblers and others doing business with them, as your only legal recourse against these tribes is to sue them in their own tribal courts. That would be like suing me and trusting my mom to be a fair and impartial judge.
Gavin Newsom had a chance to finally correct this ridiculous, consumer unfriendly situation. Instead, he went the opposite direction. He signed CA Senate Bill 549, which is known as the "Tribal Nations Access to Justice Act".
This bill gives the rights to California tribal casinos to sue non-tribal California card rooms (such as popular poker rooms like Commere Casino and Bay 101), for spreading pseudo-casino games which the tribes feel violate their exclusivity rights. For a long time, tribes have objected to card rooms offering table games such as blackjack (a modified version), Pai Gow, and Ultimate Texas Holdem. Tribes believe they have exclusive rights to offer such games. Rather than just complain to the gaming commission, which so far has failed, they want to be able to sue these card rooms. Now, thanks to Newsom and his Senate Bill 549, they can.
Why is Newsom doing this? I'm sure it has absolutely nothing to do with the $7.1 million he's received from tribes since 2017, which has gone to either his campaigns or sub-campaigns such as his favored ballot measures. Nope... no corruption there. Newsom is just fighting for the tribal cardroom's right to sue (but not be sued back) because.... ummm... he's a big fan of Native American culture?
Here's a good article from CalMatters, analyzing this bill from a neutral perspective: https://calmatters.org/digital-democ...cities-newsom/
While this bill doesn't directly affect the consumer, it could destroy or cripple poker rooms which depend more upon table game income than poker. The tribal casinos already have tons of rights that the card rooms don't. Tribes can offer players identical slots and video poker to what you'd find in Vegas. Card rooms cannot. Tribes can spread a real, Vegas-style blackjack game. Card rooms cannot. Tribes can bank their own table games. Card rooms cannot (though some game the system to do it anyway, in a roundabout way.)
Now tribes are going to be able to sue card rooms, but card rooms can't sue them? Insanity.
2027 (the year Newsom finally leaves office) can't come soon enough for California.
