United States of America Ex Rel. Morongo Band of Mission Indians v. Frank Rose

Appellant Frank Rose appeals the imposition of a $25,000 fine for violations of a bingo ordinance enacted by the Morongo Band of Mission Indians (the “Band”). The case is on its second visit to this court. In the first sojourn, we held that a suit to enforce the tribal ordinance against a non-Indian presented a federal question of the Band’s “disputed ability, under the principles of federal common law, to apply that power against one outside of its community.” Morongo Band of Mission Indians v. Rose, 893 F.2d 1074, 1077 (9th Cir.1990) (hereinafter “Morongo I”); see also Chilkat Indian Village v. Johnson, 870 F.2d 1469 (9th Cir.1989). This appeal involves that very same dispute of tribal authority, among other issues.

I. Facts and Prior Proceedings

Though the basic facts are accurately recited in Morongo I, we repeat them here with some additional details relevant to this appeal.

In April of 1983, Appellee Morongo Band of Mission Indians (“Appellee” or the “Band”) adopted an ordinance regulating the playing of bingo and establishing the Moron-go Tribal Bingo Enterprise. At the same time, the Band entered into a lease with Clive “Sonny” Miller (“Miller”), a member of the Band,…