State appeals US judge’s order to approve gaming contracts with tribes

The state Department of Justice appealed a federal judge's ruling ordering Sacramento to approve new gaming compacts for five California tribes.

Deputy Attorney General Timothy M. Muscat filed the appeal Friday. Chicken Ranch Rancheria of Me-Wuk Indians, 1:19-cv-00024-AWI-SKO (E.D. Cal., filed Jan. 4, 2019).

In October, Senior District Judge Anthony W. Ishii related several similar cases filed by tribes. On March 31, Ishii granted the tribes' motion for summary judgment, finding the tribes had met their burden of showing the state had not negotiated in good faith and ordering the administration to restart compact talks.

One of the lead attorneys for the tribes, Lester J. Marston with Rapport & Marston in Ukiah, said Monday his efforts to get the administration to schedule new negotiations have been rebuffed. He said the tribes will oppose the appeal and the expedited hearing the state seeks.

"What's really clear is the governor is not interested in sitting down and talking to tribes," Marston said.

The cases arose after several tribes accused Newsom of not negotiating in good faith over renewals of expiring gaming compacts. The tribes claimed the state violated the terms of the National Indian Gaming Regulatory Act by bringing barred topics into the negotiations. In particular, they said the state sought to get the tribes to agree to enforce state labor and environmental laws.

Newsom announced new gaming compacts with two other tribes late Monday. The new deals with the Middletown Rancheria of Pomo Indians and the Santa Rosa Rancheria Tachi Yokut Tribe mention labor and environmental provisions, but it wasn't immediately clear if these tribes agreed to provisions rejected by other gaming tribes. Neither Middletown nor Santa Rosa have sued the administration over compact negotiations.