In many cases, Indian tribes now seeking to capitalize on gambling opportunities have been out of existence for decades. At least 50 new petitions for federal tribal status have been filed in California alone after voters approved Nevada-style slot machines and banked card games exclusively for Indian tribes. For all of these players rolling the dice in the Indian casino business, the preferential perks are irresistible. Sovereign immunity also protects them from state laws governing personal injuries, sexual harassment, and contracts. The Indian Gaming Regulatory Act of 1988 allows tribes to acquire off-reservation land and petition the Interior Secretary to place it in federal trust.
Entrusted land enjoys most of the same immunities as a real reservation.
One of President Clinton's last acts will likely usher in an unprecedented era of encroachment by Indian casinos into non-Indian territory, where other gambling entrepreneurs are banned. Last week, Clinton signed an omnibus bill allowing the Lytton Band of Pomo Indians to acquire land underneath an existing card club some 50 miles from the tribe's home base. The tiny 200-member tribe is working with casino conglomerate Ladbroke USA to install up to 2,000 slot machines in the club. The arrangement awaits Gov. Gray Davis' approval. Democrat and Republican politicians alike publicly protest the gambling explosion, even as they run their own public lotteries, accept large Indian campaign donations, and approve special preferences for tribal casino corporations.