Iipay Nation of Santa Ysabel Files Motion to Dismiss Online Gambling Lawsuit

CaliforniaThe online gambling battle of California rages on as the Iipay Nation of Santa Ysabel Indians has filed a motion to dismiss a lawsuit filed last month by the state of California. Online poker and gambling has been up for discussion for some time within the state, with card rooms, tribes, race tracks and legislators having a difficult time deciding on legislation to regulate and legalized the option. The Santa Ysabel tribe took matters into their own hands and created an online poker site and online bingo site, deciding to launch the bingo site first for real money game play within the state.

The PrivateTable.com site was launched yet not allowing real money gaming. The tribe then launched the Desert Rose Bingo site with real money options and came under fire by officials of the state. A lawsuit was filed in December of last year against the tribe and the tribe is fighting back. Little Fawn Boland, an attorney representing the tribe, filed a motion to dismiss, on the 31st of December, with the US District Court for the Southern District of California, where the original suit was filed.

The tribe has responded by claiming tribal sovereignty in regards to the online bingo site. The site was in operation from November to December with real money gaming until a temporary restraining order was placed on the site by prosecutors of the state. Play was ceased and the tribe wants to get the bingo site back in action.

The Santa Ysabel tribe now faces a federal and state case for operating real money gaming and both cases are now legally joined. The tribe is seeking a motion of dismissal for the state’s charges claiming lack of subject-matter jurisdiction, based on reports by Flushdraw.net. In the motion, the tribe claims the State has ‘failed to comply with the procedural requirements’ located in the Tribal-State Compact which the States is basing their claims.

In the filing, the tribe is claiming that the online bingo wagering is being conducted on Indian lands and the state is not adhering to the contractual agreement made with the tribe. It will be interesting to see where this case goes and if the tribe will be able to provide the online bingo gaming once again for real money game play. If so, the tribe already has an online poker set up and one would imagine would then begin to offer real money game play on it as well, but this is only speculation at this point.


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