3 San Diego County Tribal Leaders Agree to Curbs on Video Gambling

SAN DIEGO — In a setback for the Indian gaming industry and a victory for Gov. Pete Wilson, three tribal leaders in San Diego County announced an agreement Friday with U.S. Atty. Alan Bersin to phase out or convert video gaming machines.

The plan calls for an immediate removal of 6% of existing video gambling machines in three weeks, with an additional 10% to be removed by Sept. 30.

Bersin said he will meet with leaders from the Viejas, Sycuan and Barona tribes in October to determine how the rest of the 2,500 electronic games at three Indian gaming casinos in San Diego County will be phased out or converted.

“This is an effort to resolve issues through discussion and consultation, not litigation and confrontation,” Bersin said. “I have no question that we will see compliance in this agreement.”

Wilson had urged that the video gaming machines be removed, saying they are outside the scope of laws allowing some forms of gambling on Indian reservations.

The compromise comes after the U.S. Supreme Court refused to review a U.S. 9th Circuit Court of Appeals ruling against the Indian casinos. Under federal law, Indian gambling operations have to be sanctioned by a tribal-state compact, and casinos cannot offer types of gambling prohibited by the state.

None of the more than 30 tribes in California that offer video gambling has the federally required agreement.

Anthony Pico, chairman of the Viejas Band of Kumeyaay Indians, said the agreement was “not good” and will force layoffs among the county’s Indian casino work force of 3,000.

The plan includes a complete phase-out of all electronic video gaming machines in which players bet against the house. They will be replaced by or converted into a parimutuel prize format in which gamblers bet against one another.