Tribal casinos’ continued operation deemed ‘patently unfair’ by Fresno-area cardrooms

Though many California businesses have been ordered to close again due to a spike in coronavirus cases, tribal facilities have remained open, sparking frustration within the California gaming community.

The California Gaming Association sent a letter to Gov. Gavin Newsom on July 6, calling for the state to intervene in tribal casino gaming operations so that all gaming facilities are forced to close.

“If we are all in this together, then we should all be in this together,” said Kyle Kirkland, president of the CGA and owner of Club One Casino in Fresno.

“If there’s a health and safety risk to the public for bars, restaurants and gaming venues, then all of us should be shut down. Not just the ones on California land, but tribal casinos as well,” Kirkland said in an interview with The Bee.

Tribes are not subject to state law due to their sovereignty, so they do not have to abide by the governor’s orders to close. Tribal-owned casinos have implemented safety precautions like mandatory mask-wearing, social distancing, sanitation measures, and capping the number of patrons.

James Siva, chairman of the California Nations Indian Gaming Association, said in a statement to The Bee, “California’s tribal governments are closely monitoring case surge.”

“Tribal governments are taking all appropriate necessary action, as the health and safety of our employees, patrons, and tribal members is paramount.”

These safety measures and cooperative discussions, however, have been deemed inadequate by the CGA, which said it was “patently unfair” that tribal casinos remain open.

According to Kirkland, since tribal casinos were the last to close when the coronavirus outbreak first began in March and were the first to open at the beginning of June, their continued operation now is viewed as another jab in the side for non-tribal gaming operators.

Using his casino as an example, Kirkland noted that, after its initial closure due to coronavirus on March 17, Club One Casino was reopened on June 12. Despite the safety measures put in place at his facility, Club One had to shut its doors again 18 days later on Newsom’s orders.

“The longer some folks are open, the longer the rest of us will have to remain closed because the pandemic won’t be under control,” said Kirkland. “This is not an issue of sovereignty, this is an issue of health and safety.”

The Gaming Association, in the letter, argued the governor has the authority during a public health crisis to intervene in tribal gaming operations.

“We feel it is important for us to highlight this gross inequity. It’s not fair and it’s not good for the health and safety of the public,” said Kirkland.