United States v. Santa Ynez Band of Chumash Mission Indians of Santa Ynez Reservation

OPINION AND ORDER RE: MOTION FOR PRELIMINARY INJUNCTION,

The United States has brought this civil action seeking injunctive relief against nine defendant Indian tribes. The tribes are alleged to operate gambling machines and engage in other forms of gambling which are illegal under 25 U.S.C. §§ 2701-2721 (the Indian Gaming Regulatory Act (“IGRA”)), 18 U.S.C. § 1166 (a) (“ § 1166”), and 15 U.S.C. § 1175 (the “Johnson Act”).

IGRA and § 1166 were passed together as Public Law 100-497 in 1988. Because they serve distinct purposes,' however, in this opinion they are defined separately as IGRA and § 1166. Public Law 100-497, comprising both IGRA and § 1166, is an integrated statutory scheme (the “IGRA scheme”).

After the parties submitted briefs directed to the merits of plaintiff’s motion for a preliminary injunction, the court requested supplemental briefing on the question whether the United States is the proper party plaintiff to bring this action. Having reviewed and considered the briefs, and the arguments made therein, the court reached the conclusion that the United States was not the proper party to bring this action, and substantially completed the opinion that…