Barona Tribe to seek gaming pact with governor

The last-minute move, announced Monday, allows Barona to avoid forfeiture of its video gambling machines, which Wilson says are illegal.

It is the third tribe in San Diego County coming into line with the state's stand against Las Vegas-style machines. That leaves 28 other tribes in California in jeopardy of having their machines seized by the federal government.

The Pala Band is the only one of the state's tribes to reach an agreement with Wilson. The northern San Diego County band does not yet operate a casino.

Under the federal Indian Gaming Regulatory Act of 1988, tribes may offer forms of gambling that are legal in their states, as long as the tribes and the states enter into agreements.

For years, California Indian tribes have run casinos without such a compact, contending the governor has refused to negotiate with them in good faith.

U.S. attorneys elsewhere in California said Monday that none of the other tribes had expressed interest in the Pala accord.

The Viejas band in northeastern San Diego County avoided a forfeiture lawsuit last week by agreeing to pursue a deal.

By agreeing to bargain, Barona can keep its casino operating throughout 60 days of negotiations. Tribes agreeing to a compact have up to a year to convert their video slot machines to new lottery-style devices.

"We are sincerely trying to come to a truce with the state and move forward," Barona Chairman Clifford LaChappa said in a prepared statement. "We have deep reservations about the Pala compact, but ... (remain) cautiously optimistic that we can negotiate an agreement that will be good for Barona."

The tribe said the move protects the jobs of more than 1,100 employees.

Tribal members had rejected the Pala compact option on May 12 and Barona leaders scheduled a second vote Friday, after efforts to block federal forfeiture suits failed.

The second vote reversed the rejection by a 2-1 margin, about the same ratio as the previous vote, Barona tribal members said.

The governor's chief legal counsel, Daniel Kolkey, said Barona faxed a notice of acceptance late Friday night and that negotiations should get under way soon.

Kolkey said other tribes still have a few days to reconsider.

"The deadline is passed, but the state will respond in good faith to well-grounded requests," Kolkey said.

The U.S. Attorney's office in San Diego said motions in a seizure of machines from the Sycuan tribe casino would be filed Wednesday with U.S. District Judge Marilyn Huff. She has scheduled a hearing June 12, which is the earliest she might order Sycuan to turn off or surrender its 375 machines.

Sycuan leaders have said the tribe has no intention of changing its mind. They could not be reached for comment Monday.

Many California tribes have called the Pala compact an intrusion on their sovereignty. Leaders of some tribes in the region criticized Barona for rescinding its vote.

"They're running away from a sinking ship instead of fighting there with us and for us; that's not right," said Catherine Saubel, chairwoman of the Los Coyotes Indian band, a nongaming tribe near Warner Springs.

Pala Vice Chairman King Freeman said he hopes that Barona, Viejas and other tribes entering the process can get the best deal possible.

"We opened the door," he said. "We negotiated with a governor that didn't want it ... and we did the best we could do to get it signed. Now it's up to everybody to try to change what they didn't like and get it amended."

archive