California et al. v. Cabazon Band of Mission Indians et al. (480 U.S. 202)

U.S. Supreme Court · decided February 25, 1987 · Supreme Court Database (Spaeth)

Citation
480 U.S. 202 · 107 S. Ct. 1083
Decided
February 25, 1987
Term
October Term 1986
Vote
6–3
Majority author
Justice White
Issue area
Civil Rights
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Liberal

Opinion excerpt

Justice White delivered the opinion of the Court. The Cabazon and Morongo Bands of Mission Indians, federally recognized Indian Tribes, occupy reservations in Riverside County, California. Each Band, pursuant to an ordinance approved by the Secretary of the Interior, conducts bingo games on its reservation. The Cabazon Band has also opened a card club at which draw poker and other card games are played. The games are open to the public and are played predominantly by non-Indians coming onto the reservations. The games are a major source of employment for tribal members, and the profits are the Tribes’ sole source of income. The State of California seeks to apply to the two Tribes Cal. Penal Code Ann. § 326.5 (West Supp. 1987). That statute does not entirely prohibit the playing of bingo but permits it when the games are operated and staffed by members of designated charitable organizations who may not be paid for their services. Profits must be kept in special accounts and used only for charitable purposes; prizes may not exceed $250 per game. Asserting that the bingo games on the two reservations violated each of these restrictions, California insisted that the Tribes comply with state law. Riverside County also sought to apply its local Ordinance No. 558, regulating bingo, as well as its Ordinance No. 331, prohibiting the playing of draw poker and the other card games. The…

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