Wilson

Order

Pending are the parties’ motions deemed to be responsive to the Court’s Order filed June 4, 1998, which directed the parties to file cross-motions for summary judgment to resolve the “limited question” on remand from the Ninth Circuit: “[Wjhether California permits the operation of slot machines in the form of the state lottery or otherwise.” Rumsey Indian Rancheria of Wintun Ind. v. Wilson, 64 F.3d 1250, 1260 (9th Cir.1994), cert. denied sub nom. Sycuan Band of Mission Indians v. Wilson, - U.S. -, 117 S.Ct. 2508 , 138 L.Ed.2d 1012 (1997). For the following reasons, Defendants’ motion is granted, and Plaintiffs’ motion is denied.

I.

ANALYSIS

Defendants State of California and Governor Wilson argue they are entitled to summary judgment on the remand question because California law does not permit the operation of slot machines by anyone, including the California State Lottery (“CSL”). See Cal.Penal Code §§ 330a, 330b. Plaintiffs Tribes disagree, arguing that the CSL is exempt from the general statutory prohibition on slot machines. Alternatively, the Tribes contend that even if the CSL is not found to be exempt from this statutory prohibition, Defendants’ motion should be…