Tribe Sues Over Seizure of Gambling Machines

The Sycuan Indians have filed a lawsuit against San Diego Sheriff Jim Roache, claiming the Sheriff’s Department illegally seized gaming machines in October and has deprived the Indians of their right to engage in gaming.

The suit in federal court alleges that the Sheriff’s Department has no jurisdiction over gambling on Indian land because of the 1988 Indian Regulatory Gaming Act. Reservation officials maintain that the federal act allows them to use the machines without the states having a say.

The tribe also alleges in the suit filed this week that the electric pull-tab dispensers confiscated in the raid are not illegal and that the seizure has deprived them of their “statutory right to engage in gaming,” tribal attorney George Forman said.

Forman said the Sycuan Indians are losing about $4,900 each day in revenue from the leased machines, which are worth more than $200,000.

The slot-type machines were confiscated Oct. 30 in a surprise raid on three East County tribal gaming halls. The 288 machines seized from Sycuan, Barona and Viejas contained more than $21,000. Sycuan’s 52 machines held the largest cache, $11,993.

The raid followed a directive from state Atty. Gen. Dan Lundgren calling on state law enforcement officials to take “appropriate action” against the slot-type machines on Indian reservations.

Also named in the suit was Sheriff’s Deputy Dan Papp, who applied for the search warrants for the raid.

Attorneys representing the Barona and Viejas Indians could not be reached to determine if the two bands will file similar suits.