Casino Ship Plan Pulled for Fear of a Veto

An Indian tribe’s plan to operate a gambling cruise ship between San Diego and Rosarito Beach was delayed Wednesday when the state Senate took the bill back from Gov. Gray Davis’ desk rather than risk a veto.

The legislation by Senate President Pro Tem John Burton was aimed at accommodating the Viejas band of Indians in San Diego County and its partner in the venture by making a seemingly minor change in the law that would have permitted their cruise ship to sail legally in California waters. “Apparently, the governor has some concerns about it,” a Burton spokesman said.

The Senate pulled the bill off the governor’s desk. It will remain with the Legislature until a compromise can be negotiated.

Davis, who says he supports a modest expansion of gambling on reservations, engineered the deal with tribes that resulted in Proposition 1A on the March 7 ballot. Voters overwhelmingly approved the measure, which permits tribes to expand casinos and operate Nevada-style slot machines on tribal land.

But while Davis supported expansion of tribal casinos, the Viejas’ cruise ship, the Enchanted Sun, would amount to additional gambling not confined to tribal land. The first cruise of the Enchanted Sun was supposed to take place April 7.

Davis spokesman Michael Bustamante said he was unaware of the details of Davis’ concerns.

However, in the weeks since Proposition 1A’s passage, several tribes have announced plans to build or expand their casinos on reservations, prompting protests from some residents and criticism of Davis for negotiating the deal.

The legislation in question sought to make a small change in state law. The Enchanted Sun has 370 Nevada-style slot machines. Slot machines are illegal in non-Indian reservation areas of California. State law says gambling ships must lock their slot machines in separate rooms whenever they are in California waters.

However, the slots aboard the Enchanted Sun are in a two-deck area covering 7,000 square feet, making it impossible to lock them in a separate room.

The legislation, sponsored by the Viejas band, says ship operators don’t have to lock the machines once they reach state waters. Instead, they could simply render the slots inoperable.

State law permits California-based cruise ships to conduct legal gambling in international waters so long as they have a destination outside the state. Rosarito Beach is 18 miles by water from San Diego.

Even if Davis were to veto the bill, the Legislature could mount an override attempt. The bill won Assembly passage 64 to 3. The full Senate approved it 28 to 1.

A Viejas spokeswoman declined to comment on Wednesday’s action.