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(Image: Desert Rose Bingo) The decision by a panel of appellate judges from the US Court of Appeals for the Ninth Circuit effectively puts an end to the California tribe’s maverick online gambling ambitions. In 2014, apparently exasperated by California’s failed attempts to legalize online poker, the Iipay decided to go it alone and announced the launch of a real-money poker site, PrivateTable.com, and an online bingo site, DesertRoseBingo.com. The federally recognized 700-member tribe, situated about 45 minutes east of San Diego, was left around $50 million in debt after the closure of its doomed Santa Ysabel Resort & Casino earlier in the year and was eager to explore While the poker site never saw the light of day, DesertRoseBingo.com was launched in November 2014. State and federal legal action swiftly followed, and an injunction took the bingo site offline until the matter could be resolved in the courts. The Iipay has argued it is permitted to offer online Class II gaming — such as poker and bingo — on tribal lands under the Indian Gaming Regulatory Act 1988 (IGRA) without special dispensation from the state — in fact, it claims it is its sovereign right. IGRA, of course, predates the internet, so the crux of the case depended on whether the use of the internet to offer gaming from tribal lands meant gaming occurred on tribal lands. The case also examined the interplay between IGRA and UIEGA in the context of tribal online gaming. The appellate panel noted in its ruling that UIEGA specially creates a system in which a bet must be legal both where it is initiated and where it is received. “The panel held that the Indian Gaming Regulatory Act protected gaming activity conducted on Indian lands, but the patrons’ act of placing a bet or wager on a game of Desert Rose Casino while located in California, violated the UIGEA, and was not protected by the Indian Gaming Regulatory Act,” the judges wrote.
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The UIGEA banned payments dealing with online gambling activities that are not explicitly legalised by a state. The UIGEA also stopped some of the biggest online poker and gambling sites in the US market. Kyl had also tried in vain once to ban online gambling entirely, but unsuccessfully. This history of his has prompted the gambling industry in the country to sit up and take notice when his name popped up as the most likely candidate to take the seat left by the late McCain. These are times when the Congress has been very interested in the topic of sports betting and its possible regulation at the federal level.
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