On Tuesday (8 October) James Siva, chairman of the California Nations Indian Gaming Association, said that Indian Country is restarting discussions about what a tribal legal sports betting initiative would look like. As for timing, he said “maaaaaybe 2026, but probably 2028,” at the Global Gaming Expo (G2E) in Las Vegas.
Siva was on a panel titled ‘Tribal Sovereignty and Sports Betting: A Delicate Balance’. He was joined by Washington Indian Gaming Association chair Rebecca George, Minnesota Indian Gaming Association executive director Andy Platto and Oklahoma Indian Gaming Association board chairman Matt Morgan. Indian Gaming Association convention chair Victor Rocha moderated the panel.
California would be the biggest online gaming market in the US and the fight to legalise sports betting has been fierce and protracted. It is possible, and perhaps even likely, that whether the tribes come with an initiative in two years or four, it will either be for in-person betting only or staged. Either way, Siva said, any initiative Indian Country crafts will contemplate online casino in some fashion.
“What is the promise of igaming?” Siva asked. “We’re already looking down the road.”
Tribes recently won right to sue cardrooms
California tribes are planning a meeting later this month to begin discussing what an initiative could look like as well as timing. But with 100-plus tribes, finding a consensus can be difficult and the meeting is likely the first of many.
In the meantime, the tribes scored a win earlier this month when Governor Gavin Newsom signed into law a bill that allows the tribes one opportunity to sue local cardrooms. Indian Country contends that the cardrooms’ use of player-dealers, also known as third-party providers of proposition player services (TPPPS) violates its exclusivity for gaming. TPPPS are companies that act as the bank in games such as blackjack and roulette.
Indian Country has the exclusive rights to gambling in California, per state law and the federal Indian Gaming Regulatory Act. The tribes and cardrooms coexisted for many years but, in 2007, the card rooms began using TPPPS. The tribes say this infringes on their exclusivity, but they have not had an avenue to pursue change. Because the tribes are sovereign nations, they cannot legally sue the cardrooms, thus the need for a one-time exception.
The tribes must file their lawsuit by 1 April 2025.
Legality of fantasy sports also in question in CA
In addition, the state attorney-general is considering the legality of certain types of fantasy sports in the market. Deputy California attorney-general Karim Kentfield is handling the review at the request of Senator Scott Wilk. The investigation seeks to clarify whether daily fantasy sports are considered games of chance or skill.
The AG has not offered an opinion yet. When he does, the opinion will not be binding, but Siva said he hopes that Kentfield will side with the tribes. But if he does not, and if fantasy companies act in a way that threatens tribal sovereignty, the tribes will fight.
When it comes to sports betting, the only sure thing is that whatever comes out of California will be a fresh idea.
“We have started to think outside the box,” Siva said. “Looking at the unique set-up of California, we have to come up with a new framework. What’s going to come out of California will be new and unique.”
