California v. Cabazon Band
Encyclopedia
California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987), was a breakthrough case in the development of Native American Gaming. The Supreme Court decision, which has come to be known as the Cabazon Decision of 1987, effectively overturned the existing laws restricting gaming/gambling on U.S. Indian reservation
s.
and Morongo Bands of Mission Indians
are two small Cahuilla Indian tribes that occupy reservation lands near Palm Springs in Riverside County, California
. During the mid-1980s, both the Cabazon and Morongo Bands each owned and operated on their reservation lands, a small bingo parlor. In addition, the Cabazon Band operated a card club for playing poker and other card games. Both the bingo parlors and the Cabazon card club were open to the public and frequented predominantly by non-Indians visiting the reservations. In 1986, California State officials sought to shut down the Cabazon and Morongo Band’s games, arguing that the high-stakes bingo and poker games violated state regulations. The case made it all the way to the Supreme Court before a decision was rendered on February 25, 1987.
If California’s regulatory laws prohibited gambling on a criminal basis, then it is likely Public Law 280 would have give the State of California the authority to enforce them on tribal lands. However, if as the Cabazon Band argued, California’s laws on gambling were civil regulatory laws, then the tribal lands would not in fact fall under the lawful jurisdiction of the state.
The Supreme Court held, as the Cabazon band argued, that because California State law did not prohibit gambling as a criminal act – and in fact encouraged it via the state lottery – they must be deemed regulatory in nature. As such, the authority to regulate gaming activities on tribal lands was found to fall outside those powers granted by the Public Law 280.
The Cabazon decision of 1987 had lasting implications regarding the sovereignty of Native American tribes in the United States. The ruling established a broader definition of tribal sovereignty and set that precedent that if the few states that with some lawful jurisdiction over tribal lands could not impose state regulations on reservation gaming, and then no state could have such a right. Indian gaming could thus only be called into question in states where gambling was deemed criminal by state law.
As of 1996-year end, there were 184 tribes operating 281 gaming facilities. These facilities were spread across a total of 24 states, 14 of which have physical casinos on Indian reservations. In 1995, Class III gaming revenues totaled over $4.5 billion, with an additional $300 million in revenues from food sales, hotel accommodations and other services. After expenses this amounted to $1.9 billion in net income, $1.6 billion of which went straight to the tribes on which the casinos were operating. As of 2007, the tribal gaming industry had become a $25 billion industry generated by over 350 tribal casinos in 28 states. This level of growth was made possible beginning with the U.S. Supreme Court ruling in favor of the Cabazon Band of Mission Indians.
Indian reservation
An American Indian reservation is an area of land managed by a Native American tribe under the United States Department of the Interior's Bureau of Indian Affairs...
s.
Background
The CabazonCabazon Band of Mission Indians
The Cabazon Band of Mission Indians is a federally recognized tribe of Cahuilla Indians, located in Riverside County, California.-Reservation:The Cabazon Indian Reservation was founded in 1876. It occupies located seven miles from Indio, California and from Palm Springs...
and Morongo Bands of Mission Indians
Morongo Band of Cahuilla Mission Indians
The Morongo Band of Mission Indians is a federally recognized tribe. The main tribal groups are Cahuilla and Serrano. Other lineages include Cupeño and Luiseño Indians,. Although many tribes in California are known as Mission Indians, some, like those at Morongo, were never a part of the Spanish...
are two small Cahuilla Indian tribes that occupy reservation lands near Palm Springs in Riverside County, California
Riverside County, California
Riverside County is a county in the U.S. state of California. One of 58 California counties, it covers in the southern part of the state, and stretches from Orange County to the Colorado River, which forms the state border with Arizona. The county derives its name from the city of Riverside,...
. During the mid-1980s, both the Cabazon and Morongo Bands each owned and operated on their reservation lands, a small bingo parlor. In addition, the Cabazon Band operated a card club for playing poker and other card games. Both the bingo parlors and the Cabazon card club were open to the public and frequented predominantly by non-Indians visiting the reservations. In 1986, California State officials sought to shut down the Cabazon and Morongo Band’s games, arguing that the high-stakes bingo and poker games violated state regulations. The case made it all the way to the Supreme Court before a decision was rendered on February 25, 1987.
Arguments and Ruling
The State of California contended that the Bands’ high-stakes bingo and poker games violated state law and requested that the Court recognize its statute governing the operation of bingo games. Riverside County additionally sought legal recognition of its ordinances regulating bingo play and prohibiting the operation of poker and other card games. California argued that under Public Law 280 (1953) Congress had granted six states – Alaska, California, Minnesota, Nebraska, Oregon, and Wisconsin - criminal jurisdiction over Native American tribal lands within the state’s borders.If California’s regulatory laws prohibited gambling on a criminal basis, then it is likely Public Law 280 would have give the State of California the authority to enforce them on tribal lands. However, if as the Cabazon Band argued, California’s laws on gambling were civil regulatory laws, then the tribal lands would not in fact fall under the lawful jurisdiction of the state.
The Supreme Court held, as the Cabazon band argued, that because California State law did not prohibit gambling as a criminal act – and in fact encouraged it via the state lottery – they must be deemed regulatory in nature. As such, the authority to regulate gaming activities on tribal lands was found to fall outside those powers granted by the Public Law 280.
The Cabazon decision of 1987 had lasting implications regarding the sovereignty of Native American tribes in the United States. The ruling established a broader definition of tribal sovereignty and set that precedent that if the few states that with some lawful jurisdiction over tribal lands could not impose state regulations on reservation gaming, and then no state could have such a right. Indian gaming could thus only be called into question in states where gambling was deemed criminal by state law.
Effect on Native American Gaming
The Cabazon decision of 1987 coincided with a period of rapid growth in the reservation gambling industry. What just years before had been a modest and relatively isolated phenomenon of reservation bingo and card games saw steady growth following the Supreme Court decision. Congress responded rather quickly, passing the Indian Gaming Regulatory Act (IGRA) in 1988, which expanded the kinds of games that tribal casinos could offer, but provided a framework for regulating the industry. As part of the act, the National Indian Gaming Commission (NIGC) was formed and Indian gaming was divided into 3 classes: Class I, Class II, and Class III. Class I encompasses charitable and social gaming with nominal prizes; Class II includes bingo and other punch-board/pull-tab style games; and Class III includes high-stakes bingo, casinos, slot machines, and other commercial gamming.As of 1996-year end, there were 184 tribes operating 281 gaming facilities. These facilities were spread across a total of 24 states, 14 of which have physical casinos on Indian reservations. In 1995, Class III gaming revenues totaled over $4.5 billion, with an additional $300 million in revenues from food sales, hotel accommodations and other services. After expenses this amounted to $1.9 billion in net income, $1.6 billion of which went straight to the tribes on which the casinos were operating. As of 2007, the tribal gaming industry had become a $25 billion industry generated by over 350 tribal casinos in 28 states. This level of growth was made possible beginning with the U.S. Supreme Court ruling in favor of the Cabazon Band of Mission Indians.
See also
- List of United States Supreme Court cases, volume 480
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court