Iipay Nation of Santa Ysabel Files Counter Motion to California Lawsuit
26 Nov, 2014, 12:18 ET
SANTA YSABEL, Calif., Nov. 26, 2014 /PRNewswire-USNewswire/ -- Santa Ysabel Interactive, an enterprise of the Santa Ysabel Tribal Development Corporation, issued the following statement today after the Iipay Nation of Santa Ysabel filed a counter motion to the State's attempt to severely undermine the sovereign rights of the Tribe and its jurisdiction over Class II gaming under the Indian Gaming Regulatory Act (IGRA).
"After carefully reviewing the lawsuit filed by the State of California, the Iipay Nation of Santa Ysabel stands ready to defend itself against the State's baseless attack. The State's lawsuit is not in compliance with federal statutes nor court precedence and is filled with factual inaccuracies. It is without merit, and is an attack on the sovereign rights of tribal governments everywhere. This is not the first time the State has wrongly attempted to shut down tribal gaming efforts.
"For nearly 30 years, Class II gaming and self-governance have been exclusive to tribal governments. By filing its lawsuit last week, the State of California wishes to rewrite history and strip Tribes of their jurisdiction over Class II gaming afforded to the by the Indian Gaming Regulatory Act. Moreover, the State's actions are an affront to tribal governments everywhere that wish to utilize Class II gaming to spur economic growth, create jobs as well as an opportunity for development, and improve the lives for all in Indian Country.
"The Iipay Nation of Santa Ysabel did not enter into this venture lightly. We remain confident that once all of the facts become clear, the courts will reaffirm the rights of Tribes to operate Class II gaming on their lands as has been the law of the land under the IGRA and the Cabazon Decision of 1987," said Cruz Bustamante, spokesman for Santa Ysabel Interactive.
To read Santa Ysabel's counter motion to the State of California's lawsuit, click here.
The 1987 California v. Cabazon Band of Mission Indians Supreme Court decision was the major breakthrough case in the development of Tribal jurisdiction. The Cabazon decision stands for the principle that Tribes have the authority to conduct gaming activities on their lands unfettered by any state or county regulation, unless such games were criminally prohibited. The decision recognized the important Federal principles of tribal self-governance and self-determination and found that these Federal principles preempted the application of state civil statutes.
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About the Iipay Nation: The Iipay Nation of Santa Ysabel is a federally recognized tribe in Southern California. More information is available at www.iipaynation-nsn.com.
Contact: Cruz Bustamante
(916) 600-9011, [email protected]
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SOURCE Iipay Nation of Santa Ysabel
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