Flynt

I.

In March 2000, the overwhelming majority of California voters passed Proposition 1A, which amended the California Constitution, giving the Governor the authority “to negotiate and conclude compacts, subject to ratification by the Legislature, for.the operation of slot machines and for the conduct of lottery games and banking games by federally recognized Indian tribes on Indian lands in California in accordance with federal law.” (Cal. Const., art. IV, § 19, subd. (f).)

Larry Flynt, a card room owner, and Hustler Casino and Normandie Casino, state-licensed card rooms located in Los Angeles (collectively appellants), challenge the legality of agreements entered into by the State of California with 62 Native American Indian (Indian) tribes pursuant to Proposition 1A. Specifically, appellants claim that the tribal-state gambling agreements, known as compacts, which permit Indian tribes to conduct gaming prohibited to appellants and others by state law, violate the federal Indian Gaming Regulatory Act (IGRA) ( 25 U.S.C. § 2701 et seq.) and infringe upon appellants’ right to equal protection of the laws (U.S. Const., 14th Amend.; Cal. Const., art. I, § 7, subd. (a).) They…