Contact Us
							Report A Violation
                            Gaming Locations
                            Tribal Access Portal
 Facebook
                            Twitter
                            LinkedIn
                            Youtube
                            RSS
                            (202) 632-7003
                            ContactUs@nigc.gov
 Search

            HomeCommissionAbout UsHistoryAgency Strategic GoalsOrganizational StructureStrategic PlanFederal Employee Viewpoint SurveyPerformance DashboardAgency ActionsCommission Final DecisionsEnforcement ActionsNEPA Decision of RecordsCategorical Exclusion Administrative RecordCommissionersChair's NoticeSpeechesPast CommissionersContact UsFrequently Asked QuestionsHuman Trafficking ResourcesLegislative AffairsCongressional TestimonyLegislative HistoryNIGC Guidance Regarding COVID-19Office of Self-RegulationPublic HearingsReports and PublicationsAnnual ReportsCompliance ReportsFOIA ReportsGross Gaming Revenue ReportsQuarterly FOIA ReportsRulemakingTribal ConsultationsConsultation PolicyTribal Consultation 2021Tribal Consultation 2018Tribal Consultation 20172017 Consultation BriefingTribal Consultation 2015Draft Strategic Plan 2014-2018Tribal Consultation 2013Electronic One Touch BingoRegulatory Review 2011-20132013 Summary of Regulatory ChangesTribal Advisory CommitteeRegulatory Review 2010-2011Regulatory Review 2005-2010ComplianceAlternate StandardsAuditInternal Control AssessmentFinancial SubmissionsInternal Audit MICS ComplianceBulletinsChecklists and WorksheetsRegional OfficesOklahoma City Regional OfficePortland Regional OfficePhoenix Regional OfficeSacramento Regional OfficeSt. Paul Regional OfficeTulsa Regional OfficeWashington DC Regional OfficeRapid City Regional OfficeReport A ViolationFinanceAnnual Commission BudgetsFeesPay.govFingerprint FeesPay.govGross Gaming RevenuesManagement ContractsSubmitting a Mgmnt. ContractPublic AffairsBiographiesCommunity ImpactEvent CalendarFact SheetsFeatured ArticlesMedia CenterSeals and GraphicsPress Conferences & TranscriptsNews ReleasesReflecting on 30 Years of IGRASocial MediaGeneral CounselCompactsGaming OrdinancesLegal OpinionsDeclination LettersGame Classification OpinionsIndian Lands OpinionsLaws and RegulationsCommission RegulationsEPHS Interpretive RuleGaming Criminal Laws and PenaltiesDOI Gaming RegulationsIndian Gaming Regulatory ActJohnson ActNational Environmental Policy ActTechnologyCJIS Resource MaterialsFingerprint ProcessIT Vulnerability AssessmentKiteworks Guide for External UsersTech Alerts and WarningsTribal Access PortalUsing TAPObtaining TAP CredentialsTrainingCatalog of CoursesEnvironment, Public Health and SafetyTailored & Site Specific TrainingToolkitsAuditing Revenue 543.24 ToolkitBingo 25 CFR 543.8 ToolkitCage 25 CFR 543.18 ToolkitIT 25 CFR 543.20 Toolkit25 CFR 543.21 Surveillance Audit ToolkitTraining Event CalendarVideo LibraryI want to....Contact the nearest NIGC officeSubmit electronic financial statementsView upcoming training & eventsFind the Min. Internal Control StandardsSee agency decisions and actionsReport A ViolationView NIGC's Indian gaming regulationsRequest a Declination LetterRequest a Game Classification OpinionRequest an Indian Lands OpinionSubscribe to NIGC News and Updates Bulletins
                

                Home
                    Compliance
					Bulletins Date
                                              Publication Number
                                              Title
                                              Topic02/04/1994
                                              	No. 1994-1
                                                Cabazon Band of Mission Indians v. NIGC
                                                Cabazon DecisionCabazon Band of Mission Indians v. NIGC
                                Date: February 4, 1994



Subject: Cabazon Band of Mission Indians v. National Indian Gaming Commission

On January 28, 1994, Judge Randolph, writing for the United States Court of Appeals for the District of Columbia, affirmed the ruling of the lower court that computerized or video pull-tab devices are class III games under the Indian Gaming Regulatory Act of 1988 (IGRA). The court also vacated its injunction enjoining the various defendants from interfering with the use of computerized pull-tab devices by tribal plaintiffs. A copy of the court's decision is enclosed for your information.

In affirming the June 28, 1993 ruling of the United States District Court for the District of Columbia, the court stated, "[a]lthough there may be some room for a broader interpretation of 'facsimile,' the video version of pull-tabs falls within the core meaning of electronic facsimile. It exactly replicates the paper version of the game." Slip Op. at 7.

The court of appeals rejected the Tribes' argument that only electronic versions that are different from the originals are exact duplicates and therefore electronic facsimiles. The court stated:

One might stretch "facsimiles" to cover inexact copies, but the possibility of such a construction does not assist the Tribes. Even if the stretch were justified, the consequence would be to expand the category of games defined as facsimiles, not to constrict it. Exact duplicates - such as the video pull-tabs games the Tribes wish to operate - would remain covered by § 2703(7)(B)(ii). In short, we agree with Judge Lamberth that, at the least, the [IGRA's] exclusion of electronic facsimiles removes games from the class II category when those games are wholly incorporated into an electronic or electromechanical version. Slip Op. at 8.

With this ruling of the court of appeals, it should now be crystal clear that the use of video pull-tab devices, or an other electronic facsimile of a game of chance, requires a tribal-state compact approved by the Secretary of the Interior. The continued use of electronic facsimiles without an approved tribal-state compact is a violation of both the IGRA and the Johnson Act (15 U.S.C. § 1175). Violations of the Johnson Act may result in fines of not more than $5,000 or imprisonment of not more than two years, or both. Violations of the IGRA may result in civil fines, not to exceed $25,000 per violation per day, and closure of the gaming operation.

For additional information, contact Penny Coleman at (202) 632-7003.
               
                  		                    News by Category
                                News Release
									
  									 Speeches and Presentations
									
  									 Dear Tribal Letters
									
  									 Bulletins
									
  									 Federal Register Notices
									
  									 Feature Articles

                            Recent News
                                        EventsSecretary Haaland Announces Appointments to National Indian Gaming Commission
                                                        March 25, 2024
												 
                                                NIGC Announces Departure of Chairman E. Sequoyah Simermeyer
                                                        February 20, 2024
												 
                                                Dear Tribal Leader Letter Regarding: NIGC Chairman Encourages Fee Payments Via Pay.gov
                                                        January 22, 2024
                                        NIGC 2-Day In-Person Compliance Workshop: Pathways to Compliance
                                            May 14, 2024
                                                9:00 am Commission
                                          About Us
                      
                    
                  
                      
					  
                          Agency Actions
                      
                    
                  
                      
					  
                          Commissioners
                      
                    
                  
                      
					  
                          Past Commissioners
                      
                    
                  
                      
					  
                          Contact Us
                      
                    
                  
                      
					  
                          Frequently Asked Questions
                      
                    
                  
                      
					  
                          Human Trafficking Resources
                      
                    
                  
                      
					  
                          Legislative Affairs
                      
                    
                  
                      
					  
                          NIGC Guidance Regarding COVID-19
                      
                    
                  
                      
					  
                          Office of Self-Regulation
                      
                    
                  
                      
					  
                          Public Hearings
                      
                    
                  
                      
					  
                          Reports and Publications
                      
                    
                  
                      
					  
                          Rulemaking
                      
                    
                  
                      
					  
                          Tribal Consultations   
                          
                      
					  
                    
                  
                      
                          
                              Compliance
                                          Alternate Standards
                      
                    
                  
                      
					  
                          Audit
                      
                    
                  
                      
					  
                          Bulletins
                      
                    
                  
                      
					  
                          Checklists and Worksheets
                      
                    
                  
                      
					  
                          Regional Offices
                      
                    
                  
                      
					  
                          Report A Violation   
                          
                      
					  
                    
                  
                      
                          
                              Finance
                                          Annual Commission Budgets
                      
                    
                  
                      
					  
                          Fees
                      
                    
                  
                      
					  
                          Fingerprint Fees
                      
                    
                  
                      
					  
                          Gross Gaming Revenues
                      
                    
                  
                      
					  
                          Management Contracts   
                          
                      
					  
                    
                  
                      
                          
                              Public Affairs
                                          Biographies
                      
                    
                  
                      
					  
                          Community Impact
                      
                    
                  
                      
					  
                          Event Calendar
                      
                    
                  
                      
					  
                          Fact Sheets
                      
                    
                  
                      
					  
                          Featured Articles
                      
                    
                  
                      
					  
                          Media Center
                      
                    
                  
                      
					  
                          News Releases
                      
                    
                  
                      
					  
                          Reflecting on 30 Years of IGRA
                      
                    
                  
                      
					  
                          Social Media   
                          
                      
					  
                    
                  
                      
                          
                              General Counsel
                                          Compacts
                      
                    
                  
                      
					  
                          Gaming Ordinances
                      
                    
                  
                      
					  
                          Legal Opinions
                      
                    
                  
                      
					  
                          Laws and Regulations   
                          
                      
					  
                    
                  
                      
                          
                              Technology
                                          CJIS Resource Materials
                      
                    
                  
                      
					  
                          Fingerprint Process
                      
                    
                  
                      
					  
                          IT Vulnerability Assessment
                      
                    
                  
                      
					  
                          Kiteworks Guide for External Users
                      
                    
                  
                      
					  
                          Tech Alerts and Warnings
                      
                    
                  
                      
					  
                          Tribal Access Portal

            
            Copyrights © 2024 All Rights Reserved by NIGC.govTerms of Use / Privacy Policy / Download Adobe Acrobat Reader
                    
                     Stay updated on the NIGC

						Sign up to receive the latest gaming news and updates!

                    Facebook

                            Twitter

                            Linkedin

                            YouTube


                            RSS

                        

                         info@nigc.gov ·  202-632-7003