Court Urged to Keep Slots Off Ballot

SACRAMENTO —  Siding with Indian tribes that own casinos and against horse tracks and card rooms, legislative leaders on Thursday urged the California Supreme Court to keep off the ballot a proposed initiative that threatens the tribes’ state monopoly on Nevada-style casinos.

In an unusually strong display of unity, Senate President Pro Tem John Burton (D-San Francisco), Senate Republican leader Jim Brulte of Rancho Cucamonga, Assembly Speaker Fabian Nunez (D-Los Angeles) and Assembly GOP leader Kevin McCarthy of Bakersfield joined several tribes in urging that the high court decide whether to permit a statewide vote on the proposition.

In a written argument to the court, the legislators denounced the initiative as a “power grab by a few card rooms and racetracks to obtain slot machines,” and noted that the Legislature had rejected their efforts to gain slots.

The lawmakers said passage of the initiative would “imperil tribal gaming in California, inflicting immense adverse economic consequences upon the tribes and the economy and depriving the Legislature of any oversight role.”

Under the initiative, tribes would be expected to pay 25% of their gambling profits -- $1 billion or more a year -- to state and local governments. The initiative also says that if any single tribe refuses to abide by its terms, then 11 existing card rooms and five racetracks would divide 30,000 slot machines.

In exchange, the card rooms and racetracks would pay 33% of their winnings to state and local governments, with the bulk of it earmarked for police and fire services and education-related programs.

Hoping to hang onto their monopoly, several tribes filed petitions Tuesday urging that the state Supreme Court and a state court of appeals in Los Angeles declare the proposed initiative unconstitutional.

The legislators filed the brief at the tribes’ behest.

“Part of the problem is that Indian casinos have gotten to be the largest players in politics money-wise in the state, and one of the largest that has ever existed,” said George Gorton, who is managing the initiative for the card rooms and racetracks. “So they have tons of influence with legislators.”

Indian tribes have spent more than $150 million on state political campaigns since 1998, more than any other interest group.

Most of the legislative leaders could not be reached Thursday. But Brulte explained his decision to sign the brief by noting that several tribes have casinos in his district.

“My job is to represent my constituents,” Brulte said.