3 Tribes Allowed to Keep Video Slot Machines Until Court Rules

Three area Indian tribes have struck an unprecedented deal with the U.S. attorney here, allowing them to keep controversial slot-style gambling machines for now if they agree to hand them over if a court rules against them.

The tribes pledged not to expand their casinos without approval from the courts.

In return, U.S. Atty. Alan Bersin promised not to confiscate the tribes’ electronic gaming devices, which resemble slot machines.

California officials consider the devices illegal. And they were leery of the deal worked out Thursday between the tribes and Bersin.

“The state’s position is clear. You have to have (permission) from the state to offer video gambling,” said the state attorney general’s spokesman Dave Puglia. “The Supreme Court has affirmed that.

“The agreement described doesn’t seem consistent with that.”

The pacts were struck with the Barona, Viejas and Sycuan reservations in San Diego County, all of which offer Las Vegas-style video gaming.

Currently, the tribes are subject to conflicting federal and state regulations.

Court decisions have said clearly that tribes need state permission to offer Las Vegas-style gambling.

California officials have refused to grant that permission or to discuss the issue, even though courts have ordered the state to negotiate.

At the same time, courts have ruled that only federal authorities can regulate or police Indian gambling.

Several conflicting decisions surrounding the issue are now being appealed. Rulings in the next six months could clarify the situation.

Bersin said Gov. Pete Wilson, who strongly opposes Indian gambling, should welcome the deal because it puts the tribes on record as agreeing to remove their machines if they lose in court.

By freezing operations, the deal also lays the groundwork for removing the machines if courts rule against the Indians, he said.

San Diego’s tribal casinos have about 2,000 of the machines. They have proved a cash cow for the once poverty-stricken tribes.

Tribal leaders, almost gleeful at Bersin’s appearance on their reservations Thursday, called the deal a watershed in Indian-government relations.

“No U.S. attorney has ever come here before,” said Anthony Pico, chairman of the Viejas band of Mission Indians.