Uproar over casinos:
Tribal gaming not subject to state’s shutdown order
The fact that tribal gaming houses are remaining open has California cardrooms crying foul.
Gov. Gavin Newsom’s statewide shutdown of indoor entertainment venues in response to surging coronavirus cases — from restaurants and bars to movie theaters and even exhibits inside zoos — doesn’t include the state’s 62 tribal casinos, some of which have drawn huge crowds since reopening in the last month
California’s cardrooms, which are part of the shutdown order, have said the discrepancy is unfair and they’re calling on the governor to close the casinos as a public health hazard.
“Our position is, if we’re all in this together, we should all be in this together,” said Kyle Kirkland, president of the California Gaming Association, which represents California’s 60plus legal cardrooms. “The longer some of us stay open, the longer everyone else will have to stay shut down. It seems grossly unfair and counter to the governor’s message.”
Tribal governments and the casinos they operate are exempt from state regulation as sovereign governments. But Kirkland contends that state compacts prohibit the tribes from conducting “gaming in a manner that endangers the public health, safety, or welfare.” The state also controls liquor licenses for casinos, he said.
The state’s cardrooms and tribal casinos have long been at odds over who has the right to offer certain types of games and who should be permitted to offer sports betting if and when it becomes legal. Eighteen states have legalized wagering on professional and college sports, but efforts in California have stalled, in large part due to the antagonistic relationship between the casinos and card clubs. The most recent attempt at legalizing sports betting was withdrawn last month.
Jesse Melgar, a Newsom spokesman, said in a statement to The Chronicle that the governor’s office is involved in negotiations with tribes “to determine the appropriate measures to take moving forward to limit the transmission of COVID19 on tribal lands.”
No tribal casinos have closed since Newsom’s orders, and officials with the California Nations Indian Gaming Association said they were not aware of any plan to shut down.
As of Friday, the Bay Area’s three tribal casinos — Lytton Casino San Pablo, Graton Resort & Casino in Rohnert Park and River Rock Casino in Geyserville — were all open for business.
Tribal casinos set their own rules, but they all require masks, have removed seats at tables and turned off some slot machines to make room
“To then allow large wealthy tribal operations to say, ‘This doesn’t apply to us,’ is grossly unfair.”
Kyle Kirkland, president, California Gaming Association
for social distancing. They also require temperature checks for admission.
While not bound by the state’s shelterinplace order, California’s casinos voluntarily shut down in March after the governor ordered people to stay home. They started reopening in midMay despite Newsom’s pleas to delay their plans. Some reopenings caused traffic jams and long lines to get into casinos.
Bay Area casinos reopened in midJune, and no outbreaks have been officially linked to any of the casinos, but tribes are not required to report incidents.
California’s cardrooms, which are subject to state and local law, had no choice but to close. Kirkland said the cardroom association’s efforts to get the casinos closed has nothing to do with the competitive dispute between the gambling interests, but rather is an effort to beat back the spread of the coronavirus so everyone can reopen.
“If you’ve been forced to shut down, lay off people and you feel like you’re doing it for the public good, it’s an immense public sacrifice,” Kirkland said. “To then allow large wealthy tribal operations to say, ‘This doesn’t apply to us,’ is grossly unfair.”