Judge Wants California Cardroom Video Footage in ‘Illegal Games’ Case

A California Superior Court judge in Sacramento has granted a request by a coalition of tribal operators to order dozens of cardrooms to provide the court with eye-in-the-sky surveillance footage of their games.

The tribes hope the footage will ultimately vindicate their claim that some games offered by some card rooms constitute illegal gambling games.

Tribes, including the Agua Caliente Band of Cahuilla, the Pechanga Band of Indians, the Kumeyaay Nation, and the San Manuel Nation sued California’s cardrooms on January 1 for offering illegal gambling in violation of the state constitution and the California Penal Code.

California Games

The tribes have for years complained that the cardrooms’ so-called “California games” – versions of popular casino table games like blackjack and pai gow poker – violate tribal exclusivity on house-banked casino games.

The cardrooms have been ordered to provide the overhead surveillance of their games from Dec. 28, 2004, from 12.00 a.m. to 11.59 p.m., according to court documents seen by iGaming Business. If this footage is incomplete, they must provide additional footage from December 31, per the filings.

The tribes’ lawsuit argues these rules don’t mandate the actual rotation of the bank, merely the offering of it. In reality, a single player can bank the game uninterrupted if no other player accepts an offer to bank.

Furthermore, because players don’t always want to act as the dealer, the cardrooms hire state-licensed third parties to “shill” in the dealer spot. These companies, known as TPPPs, are a de facto “bank” when combined with the card rooms’ “refusal and failure” to rotate the bank from player to player, according to the lawsuit.

Access to Justice

The tribes have previously lacked standing to sue the cardrooms. State courts have little jurisdiction over the tribes because they are sovereign nations.

Federal courts typically don’t have jurisdiction over issues governed by the California Penal Code and state gambling regulations unless there is a federal law being violated.

Last year, the California legislature passed the Tribal Nations Access to Justice Act, which opens a window for the tribes to apply to state courts for limited declaratory relief. While they cannot claim monetary damages, they can seek a long-sought determination on the legality of California games.