Governor Gavin Newsom signed the Tribal Nations Access to Justice Act (Senate Bill 549) into law over the weekend. The legislation grants tribes the right to file a one-time state court action to challenge whether certain card games operated by commercial cardrooms violate California law and infringe upon their exclusive gaming rights.
“We are incredibly pleased that the California Legislature and Governor Newsom have turned good legislation into law,” said James Siva, chairman of the California Nations Indian Gaming Association (CNIGA), in a press release. “This law simply provides a reasonable solution to a decade-old dispute and provides clarity to tribes, the state and commercial card rooms. This is good and fair public policy for all parties concerned.
“For much of California history, tribes have been precluded from having access to justice to defend what was rightfully ours. However, with the signing of this bill, Governor Newsom is making good on the spirit of his apology to tribes in 2019 by allowing us to simply seek justice to defend our rights.”
If the court rules the card games in question violate the California Constitution, it could issue an injunction to stop them operating.
Bill background
The bill was introduced in February 2023 by the Viejas Band of Kumeyaay Indians, who argue that illegal card room gaming harms tribal communities. The “Yes on SB 549” campaign emphasized that ensuring exclusive tribal rights to operate card games is essential to reestablish tribal sovereignty and rebuild their nations, which have long faced injustice and oppression.
“As one of more than 70 tribal leaders who fought for access to the justice system to protect our voter -granted economic opportunities, I am grateful to the overwhelming majority of legislators and the governor for their support of SB 549,” said Viejas chairman John Christman. “California’s past has been tragic for tribes, but this bill represents an important recognition of our rights and renewed commitment to the future of the state’s Native people.”
SB 549 also received strong support from its author, Sen. Josh Newman (D-Fullerton), principal co-author assemblywoman Cecilia Aguiar-Curry (D-Winters), and Sen. Tony Atkins (D-San Diego).
“I'm very gratified that Governor Newsom has signed SB 549, which will accord California's Indian tribes to assert their right as the exclusive providers of casino-style gaming in California, as afforded by California's voters through the passage of Prop 1A in 2000,” added Sen. Newman. “Now, as a result of this important measure, the tribes will finally be able to seek clarity and closure in a court of law as the appropriate venue for resolving this longstanding dispute."
The bill was sent to Newsom for final approval after it passed the California Senate earlier in September. This comes despite the bill facing opposition from several labor unions across the state, who described the bill as an “attack on local cardrooms” that could threaten vital sources of tax revenue. However, Siva argues the state’s gaming landscape “begins and ends with tribes.”
