For Immediate Release March 16, 2010 Contact: Martin Dodd, Esq. 415-399-3841

Neighbors of Casino San Pablo file Federal Lawsuit to Assert

Community Protections under State Law
The Federal government obtained title to the casino and parking lot for the Lytton
Indians, but state law still applies to the site – claim local advocates

SAN PABLO, CA – Neighbors of Casino San Pablo today announced that they have filed
a lawsuit in Federal District Court in Washington, D.C. to establish that the gaming at the
Lytton San Pablo Casino is illegal and that the 9 acre parcel along San Pablo Avenue is
governed by state and local law, and not federal Indian law.
The lawsuit alleges that the land has been under state and local control since the state was
formed, and absent action by the state, state and local law will continue to govern the site
and protect neighbors. Since the cardroom was converted into a casino and installed slot
machines, neighbors have been subjected to an increase in undesirable activities,
including an increase in prostitution and other crime.
“I support Indian sovereignty on tribal land, but Casino San Pablo is not Indian land. It
never belonged to the Lyttons historically, and it never should,” said Anne Ruffino, a
Casino San Pablo neighbor and lawsuit plaintiff. “It’s simply wrong that a giant casino
could just open without any input from the people who live around it. It is a giant blight
to the area – it is open 24 hours and has brought crime, drugs and prostitution with it.”
The lawsuit claims that when approving the Lytton’s tribal gaming ordinances, regulators
failed to review whether the lands were under Indian control as required by federal law.
Ruffino continued, “This casino and its illegal slot machines are the result of backroom
deals by U.S. Rep. George Miller, the City of San Pablo, Las Vegas operators, and a
blind-eye from the federal government’s regulators. The neighbors are ignored. We are
tired of being shut out of the process – so now we are doing something about it.”
Martin Dodd, Attorney for the plaintiffs said, “Let’s be very clear about what has
happened in San Pablo, and why it is a threat to communities everywhere. The issue is
whether tribes can buy land in urban areas that were never reservation lands and claim an
exemption from state and local law that protect neighbors. What is next – downtown
Oakland? San Francisco?”
“Our clients are fed up. The state outlaws gambling, drugs, and prostitution for a reason,
and cities govern zoning in order to control uses that attract illegal activities. None of
these laws are being enforced here and they need to be,” added attorney Dodd.
This lawsuit claims that when the federal government accepted title to the property in
2003, all it got was title.
“There is a whole separate process to go through to get Indian sovereignty, requiring
consent of the Legislature and the Governor, and the Lytton have not gone through that
process,” said Dodd. “Therefore, the site is still subject to California law, subject to the
same zoning, nuisance and noise regulation as any other venue posing a hazard to the
community.”
The lawsuit also claims that even if the land were subject to Federal law, the so called
“bingo” machines are really illegal slot machines. The casino first installed 500 slot
machines in 2005, and the current count now hovers around 1,100. The lawsuit argues
that these machines have the same look and feel as slot machines and offer the same
gaming experience.
This group of San Pabloans and other local citizens represent a combination of life-long
activists and individuals with personal issues at stake. They have come together at a
moment in time where the fight against local casinos is as important as ever. Two
proposed nearby casino projects, the Point Molate Casino and Scotts Valley/Sugar Bowl
Casino could mean three Las-Vegas size casinos within a few miles of each other in the
East Bay.
“It’s our time and our voices need to be heard. We’ve tried the streets, now we are going
to court,” added Ruffino.
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The History of Casino San Pablo
The Casino San Pablo card room is considered an Indian “reservation” thanks to a last
minute provision inserted into federal legislation by Congressman George Miller.
Congressman Miller’s amendment not only called the newly Indian land a “reservation”
but backdated that status so the “reservation” was deemed to have existed prior to the
passage of the Indian Gaming Regulatory Act (IGRA), thereby circumventing IGRA’s
prohibition against gaming on newly acquired lands.
Senator Dianne Feinstein has introduced legislation, S.338 that would overturn the
backdating in Miller’s amendment and force the Lytton Band to go through the normal
process outlined in IGRA, including consultation with local communities.

About FDDCM
Futterman Dupree Dodd Croley Maier LLP is a San Francisco law firm specializing in
litigation, employment law, and business law.