Wednesday, April 21, 2010

Schwarzenegger's Dirty Pool Negotiations With Rincon Struck Down by US Appeals Court

Our governor, Arnold Schwarzenegger is AGAIN rebuked by California courts. His illegal taxing of Native American tribes was struck down by the Appeals court.

California can’t force Indian tribes to share gambling profits to repair the state’s budget problems, the 9th U.S. Circuit Court of Appeals said Tuesday.

In a stunning blow to Gov. Arnold Schwarzenegger’s tactics when dealing with tribes wanting casinos, a divided, three-judge panel of the appeals court said the governor can’t ask for money for the state’s general fund without offering something of value in return because that amounts to an illegal tax.

The court upheld a 2008 ruling by a federal judge in San Diego that the governor was playing dirty in his negotiations with North County’s Rincon Indian band.

There was dissent:

Dissenting Judge Jay Bybee said tribes with casinos here and around the country have agreed for years to share revenue with state governments, just as Schwarzenegger was seeking.

“The holding … does not just upset the apple cart — it derails the whole train,” Bybee wrote. “If the majority is correct, then there is nothing for California to do but to authorize whatever (slot machines) the band wants. The band wins. Everything.”

The state will seek to have Tuesday’s decision reviewed by a larger panel of 9th Circuit judges, said Jeff Macedo, a spokesman for Schwarzenegger

Tribes were WILLING to sign on to compacts to get gaming and expanded gaming. It's time to expand gaming in California outside of Tribal reservations.


Anonymous said...

It seems that the tribes pick and choose which rules they need to follow...the original deal the voters approved limited the machines...the tribes wanted more so the compacts were agreed upon...ask for a free drink at the Casino and they say that California wont allow them to give free drinks but in the next breath they say they dont need to follow the State laws...why,because they make a ton of money off of the drinks...look at the money that they make off of cigarettes..they charge 7 dollars a pack, yet I bet that they dont even pay tax to the State on the sales.AND...smoking is not allowed in California in a workplace....another law they choose to ignore.California needs to wake up and have a new law for the voters to vote on and open gambling to all with the profit going to education and to the budget.Why let the crooked tribes make all the money?

just do it said...

Based on this, I hope that the petitions for California to build casinos will be coming out real soon.
I and 100 others that I spoke to will definitely sign every one of them.
Hell ya, that should put a kink into the Indian casinos profits, and guess what..WE the STATE OF CALIFORNIA WILL BE GETING THE PROFITS FROM THE TAXES BEING PAID,
so yes let's build them..
let the gaming begin in California.