Legal Question in Civil Litigation in California
A large percentage of commercial that are aired on California public airways and cable companies, the commercial media are financed by Indian casino�s that are offering illegal gambling devises to produce revenge? I understand that the casinos in California are unregulated and offer gambling devises that are illegal in the state of California and most other states. And there are very obvious reasons why Slot machines are considered now and will remain illegal in the State of California the future. With this understood. Then why are advertisements and advertising of illegal devise like slot machines and place that have illegal devises like slot machines advertised over the open and public airway that will reach a large number of unsuspecting Adults, Minors and virtually everyone without any restrictions or control, This is now and in the future morally and legally against the law. I personally find this very disturbing, that these illegal advertisements have no regulation and neglect to offer us some sort of protections from this constant illegal commercial hype. In the Future I feel any illegal advertisements that are forced on us through open and public airways including all entertainment sources and cable companies. Should-be regulation or deemed illegal and stopped. Or at-least offer a disclaimers stating that these Casino�s and there slot machines are considered illegal in the state of California and most other states and are largely and mostly unregulated resulting in very little state control.
1 Answer from Attorneys
Although slot machines and most other forms of gaming are illegal elsewhere in the state, they are quite legal on tribal lands.
State and local governments have no inherent authority to regulate gambling on tribal lands, but they can do so pursuant to agreements negotiated with tribes and approved by the federal government per the Indian Gaming Regulatory Act (IGRA) of 1988. California has such agreements in place with all of the Indian tribes that operate casinos in the state. At those agreements expressly allow the tribes to operate slot machines and conduct other forms of gambling.
Different regulatory bodies govern different types of gambling at these casinos. The slot machines of which you complain are regulated by the California Gambling Control Commission and the Division of Gambling Control and the California Department of Justice.
Because your premise that it is illegal to gamble at Indian casinos is false, your conclusion that the casinos are advertising illegal services fails. The commercials are perfectly legal.