Spokane Indian Tribe v. United States

The Spokane Tribe of Indians (the Tribe) appeals from a grant of summary judgment in favor of the United States (the Government). The district court determined that Pick Six Lotto (Pick Six) was not a Class II gaming device as defined by the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. § 2701 et seq. We affirm. Pick Six is excluded from the definition of Class II gaming devices because it is an electronic facsimile of a game of chance. Furthermore, the legislative history of the IGRA demonstrates that Congress did not intend to include lotteries when it used the term “lotto” in the definition of Class II gaming devices.

FACTS AND PROCEDURAL HISTORY

The Tribe operates a gaming casino on tribal land in Eastern Washington. In 1989, the Tribe introduced Pick Six gaming devices in the casino. Pick Six is played by placing money into the Pick Six terminal. A video screen at a Pick Six terminal displays one or more electronic tickets. The player selects six numbers ranging from “1” to “45.” The computer then selects its own six numbers. If two or more of the numbers selected by the player match those selected by the computer, the player will receive credits to play additional games.…