In a direct challenge to the New York State Gaming Commission (NYSGC), the Cayuga Nation has filed a lawsuit protesting the unauthorized sale of lottery tickets on its reservation in the New York Finger Lakes region. The Indigenous Nation argues that the State’s actions directly violate federal law, which stipulates exclusive authorization for the Cayuga Nation to regulate gaming activities on their tribal lands.
The litigation presented before the U.S. District Court for the Northern District of New York on Thursday transparently articulated the Cayuga’s concerns. They pointed towards the federal Indian Gaming Regulatory Act (IGRA) which precludes state involvement in gaming activities on sovereign Indigenous territories unless the tribe in question has issued the necessary permissions and licenses.
Despite this federal act, the state has pursued an aggressive course, setting up self-service- lottery terminals across the Cayuga reserve. These machines pour out instant-win scratch cards and tickets for a host of drawing games, much to the chagrin of the tribe. Furthermore, the tribe alleges that the State has authorized a courier service license to Jackpot Inc., enabling users to participate in the New York Lotto and other gaming events licensed by the NYSGC through the Jackpocket mobile app.
Expressing enhanced disdain, the Cayuga Nation highlighted that the State lottery games are regarded as Class III gaming activities (akin to slot machines and roulette), a category from which the Cayuga are currently restricted because they lack a requisite compact with the State. Meanwhile, the Cayuga can legally offer only Class II gaming activities, like electronic bingo and poker, within their four “Lakeside Entertainment” facilities.
The Cayuga representative Clint Halftown voices his concern on behalf of his people. He cites that the Cayuga Nation has extensive gaming operations spread over the reservation and the generated revenue goes directly towards enhancing the lives of the Cayuga citizens via various governmental benefits. Halftown emphasizes that this illicit practice of authorizing lotteries on Reservation land by New York State is a direct attack on the Nation’s rights and their capability to support their own citizens.
The Cayuga Nation’s fight against oppressive gaming regulations isn’t new; as recently as July 2021, it was successful in establishing in a federal court that the “IGRA overrules all state and local legislation and regulations concerning gambling conducted on ‘Indian lands,’” The victorious ruling quashed local efforts to thwart the Cayuga’s gaming operations.
Despite their previous victory, this recent lawsuit was prompted after the tribe’s lawyers reached out to NYSGC and Jackpocket proposing a conversation on the lottery issue but their olive branch was met with silence. The Cayuga Nation now seeks a declaratory judgement asserting that the State is violating the IGRA, and they demand an injunction halting lottery terminal operations and Jackpocket’s activities on their lands.
“The Cayuga Nation has a solemn obligation to enforce its federally approved gaming ordinance and it is committed to halt all illicit gaming within the reservation. This applies equally to both state operations and private individuals,” said Halftown, reaffirming the Nation’s right to regulate gaming activities on its reservations.
