Indian Casino Gaming History

Early Indian Casino Gaming Cases




Modern Indian casino gaming history begins with the Seminole tribe of Florida. In 1979 the Seminoles opened a high-stakes bingo hall on their reservation. Almost immediately the state of Florida moved in to try to close down the operation, however they were stopped by the courts. Despite the early court victories of the Seminoles the legality of Indian casino gaming was very much in doubt.




Another important case in the history of Indian casino gaming was that of California v. Cabazon Band of Mission Indians. In 1987 it was ruled by the Supreme Court that Indian tribal governments in their sovereignty could operate gaming institutions outside of state regulation, assuming that gaming operations were not directly prohibited in that state. At present only two states in the United States, Utah and Hawai'i strictly prohibit gambling.




The Indian Gaming Regulatory Act (IGRA)




With Indian casino gaming now given definitive legal status by the Supreme Court, it was time for Congress to move in. In 1988 they passed the Indian Gaming Regulatory Act (IGRA) to set the rules for Indian casino gaming.




For one thing, the IGRA separates gaming into three classes. Class I gaming is defined as traditional tribal gaming and social gaming with minimal prizes. There is no regulation whatsoever for Class I gaming outside of the respective tribal governments.




Class II gaming includes games of chance such as Bingo and other similar games. Card games are also included if they are played exclusively against other players and not against the house. Slot machines are specifically prohibited from Class II gaming. Class II gaming is allowed on Indian reservations as long as these activities are already permitted by the state.




Finally Class III gaming involves any games that are not included in Classes I or II. This includes slot machines, black jack, craps, roulette, etc. In order for a tribal government to institute a Class III gaming operation they must first have worked out a compact with the state.




The National Indian Gaming Commission (NIGC) and Indian Gaming Working Group (IGWG)