California V. Cabazon Band
   HOME

TheInfoList



OR:

''California v. Cabazon Band of Mission Indians'', 480 U.S. 202 (1987), was a
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
case involving the development of Native American gaming. The Supreme Court's decision effectively overturned the existing laws restricting gaming/gambling on U.S.
Indian reservation An American Indian reservation is an area of land land tenure, held and governed by a List of federally recognized tribes in the contiguous United States#Description, U.S. federal government-recognized Native American tribal nation, whose gov ...
s.


Background

The Cabazon and Morongo Bands of Mission Indians are two small Cahuilla Indian tribes that occupy reservation lands near Palm Springs in
Riverside County, California Riverside County is a County (United States), county located in the Southern California, southern portion of the U.S. state of California. As of the 2020 United States Census, 2020 census, its population was 2,418,185, making it the fourth-most ...
. During the mid-1980s, both the Cabazon and Morongo Bands each owned and operated on their reservation lands small bingo parlors. 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 given the State of California the authority to enforce them on tribal lands. However, as the Cabazon Band argued, California's laws on gambling were civil regulatory laws, and therefore 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. ''Cabazon'' 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 the precedent that if the few states that with some lawful jurisdiction over tribal lands could not impose state regulations on reservation gaming, 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

''Cabazon'' 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 by passing the Indian Gaming Regulatory Act (IGRA) in 1988, which expanded the kinds of games that tribal casinos could offer, and 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 gaming. As of 1996, 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.


See also

*
List of United States Supreme Court cases, volume 480 This is a list of all the United States Supreme Court cases from volume 480 of the ''United States Reports The ''United States Reports'' () are the official record (law reports) of the Supreme Court of the United States. They include rulings, ...
*
List of United States Supreme Court cases This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By chief justice Court historians and other legal scholars consider each chief j ...
*
Lists of United States Supreme Court cases by volume The following is a list of cases decided by the United States Supreme Court organized by volume of the ''United States Reports'' in which they appear. This is a list of volumes of ''U.S. Reports'', and the links point to the contents of each indiv ...
*
List of United States Supreme Court cases by the Rehnquist Court This is a partial chronological list of cases decided by the United States Supreme Court during the Rehnquist Court, the tenure of Chief Justice William Rehnquist from September 26, 1986, through September 3, 2005. The cases are listed chronol ...


References


External links

* {{DEFAULTSORT:California V. Cabazon Band United States Supreme Court cases United States Native American gaming case law 1987 in United States case law 1987 in California Legal history of California Abrogated United States Supreme Court decisions United States Supreme Court cases of the Rehnquist Court Casinos in California Cahuilla Native American history of California