United States v. Santa Ynez Band of Chumash Mission Indians of the Santa Ynez Reservation
Opinion
Opinion
Letts, J.
JUDGMENT AND PERMANENT INJUNCTION
The motion for a permanent injunction of plaintiff United States of America came on for hearing on July 20, 1998 and September 15, 1998. The court has reviewed all the papers filed in connection with this matter, has heard oral argument, and is fully apprised of the relevant facts and law.
In 1994, the Ninth Circuit held that the State of California has no obligation to negotiate about gaming activities that are forbidden to all others in the State. Rumsey Indian Rancheria of Wintun Indians v. Wilson, 64 F.3d 1250 (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). After affirming the district court’s holding that the State did not need to negotiate over banked or percentage card games with traditional casino themes, the Ninth Circuit remanded to the district court “the limited question of whether California permits the operation of slot machines in the form of the state lottery or otherwise.” Id. at 1260.
On September 16, 1998, the Rumsey district court issued its opinion on remand. (“Rumsey II”) The district court held that “[tjhere is no question that California…