The California Senate has passed the Tribal Nations Access to Justice Act, also known as Senate Bill 549. The bill will now go to Governor Gavin Newsom for final approval.
The California Assembly voted 62-0 to approve the bill, which also had the support of its author, senator Josh Newman, its principal co-author, assemblywoman Cecilia Aguiar-Curry, and Tony Atkins, the former President Pro Tempore of the California Senate.
“This has never been a fight about gaming - it has always been a fight about civil rights and judicial access for tribes,” said John Christman, chairman of the Viejas Band of Kumeyaay Indians, as reported in the press release. “We are thankful that the vast majority of the Legislature finally saw through the political noise and stood on the side of justice and access for our people.”
What is SB 549?
Introduced in February 2023 by its original sponsors, the Viejas tribe, this bill seeks to give tribes one chance to sue California cardrooms to determine whether their games violate state law and infringe upon their exclusive tribal gaming rights.
“SB 549 creates a deliberate, circumscribed mechanism to resolve a business dispute in California in a way that ensures that both parties can present their arguments and then allows the courts to make a decision based firmly and purely in law,” explained Sen. Newman.
“Exclusive gaming rights were conferred by the voters of California in a tacit understanding of historical injustices that were inflicted upon tribes by the state of California,” commented CNIGA chairman James Siva. “The passage of SB 549 is fantastic news for California’s tribal nations. For over a decade, California tribes have engaged in considerable efforts to defend our exclusive gaming rights guaranteed in the California Constitution.”
“The Tribal Nations Access to Justice Act gives tribes access to justice that has been denied not only in this case, but throughout California history,” added Siva. “If this bill becomes law, it will reflect a new day in California history in regard to the civil rights of this state’s tribal nations.”
Labor Union opposition
Last month, it was revealed that several labor unions across the state stand against SB 549, describing it as “an attack on local cardrooms, which are a significant source of revenue for general funds in many cities across California.” The California Gaming Association, Communities for California Cardrooms, California Cardroom Alliance, and other unions pointed out that 78% of Hawaiian Gardens’ general fund comes from cardroom revenues, for instance.
But, according to Siva, California gaming “begins and ends with tribes.” During an address in February, Siva argued that tribal governments will continue to make decisions regarding gaming in the state.
In September 1999, 58 tribal governments signed compacts with Governor Gray Davis, granting them the exclusive right to operate slot machines and card games on their lands. Since then, additional tribes have signed tribal-state gaming compacts, bringing the total number of approved compacts in the state to 75.
