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Under the Indian Gaming Regulatory Act , the tribe is given rights to offer gaming on their land without permission from the state.
This is a right of their sovereignty. The internet was not an issue in Therefore, was not a consideration when the Act was written. The use of the internet and the protection of the Act is where the conflict began.
The argument made by the tribe is that the website servers would be placed on tribal land. People that gambled on those sites would in turn by gambling on the tribe's land by proxy.
However, California fought the tribe believing that the under the Unlawful Internet Gambling Enforcement Act it did not matter where the website server was.
Under this Act online gaming must be legal in both locations of where the casino is located as well as where the gambler places their wages.
Last week a tribe that has been trying to offer poker and bingo games online has received another obstacle. For many years the California tribe, Iipay Nation of Santa Ysabel, have been in the middle of an ongoing lawsuit with the state of California over the tribe's online bingo gaming site.
The tribe first launched the website in Plans for an online poker gaming website were also in the works. However, that site was not published.
The US Court of Appeals for the Ninth Circuit upheld a previous ruling from December from a district court that sided with the state.
This occurred last week. The new ruling has again prevented the tribe from moving forward with their online gaming plans.
Under the Indian Gaming Regulatory Act Native American tribes may offer casino gaming on their lands. The tribe's online gaming site, Desert Rose Casino, was a violation of the Unlawful Internet Gambling Enforcement Act.
Under the law, casino gaming that occurs on Native American land is permitted. However, with an online casino gaming can occur anywhere in California.
This is not covered under the Indian Gaming Regulatory Act. The argument that the tribe presented was that the website server for the online casino would be located on their tribal land.
Visitors to the website that participated in the online games would be wagering on the tribal land by proxy. Lawyers for opposing side argued that the website was unlawful since under the law, any money transactions that are made online from betting is a violation.
California has not made any moves forward with allowing online gaming. It is unclear at this time if the tribe will appeal the case to a higher court.
The Mohegan and the Mashantucket Pequot tribes have both expressed support for a law that would legalize online gaming. State lawmakers are strongly considering it.
The Public Safety and Security Committee held a hearing on March This was to allow for the tribes to give testimony on their support for online poker.
Internet gaming is growing for New Jersey. Online casinos were legalized in Pennsylvania last October. Later this year a ruling is expected by the Supreme Court regarding the legalization of sports betting.
If given permission the federal law could change, and Connecticut could be allowed to offer online sports betting as well.
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