Rincon Band of Mission Indians v. County of San Diego

MEMORANDUM OF DECISION

Plaintiff, Rincon Band of Mission Indians, seeks declaratory and injunctive relief from enforcement of a county gambling ordinance on an Indian reservation. The action is now before the court on cross motions for summary judgment. The court has determined from the affidavits, memoranda and argument of counsel that there is no genuine issue of material fact. This memorandum of decision incorporates findings of fact and conclusions of law.

Plaintiff is an Indian Band with a governing body duly recognized by the Secretary of the Interior, and said Band is a governing body of the Rincon Indian Reservation. The Reservation, containing approximately 3500 acres, is located within the unincorporated area of the County of San Diego, California. These lands are held in trust by the United States for the benefit of plaintiff.

On October 1, 1970, plaintiff adopted a tribal ordinance authorizing the establishment of a card room on the Rincon Indian Reservation where certain card games not proscribed by the state statute on gambling would be played. Cal. Pen.Code. § 330. Revenues derived from this operation would accrue to the Rincon Band. These plans were suspended…