The Pechanga band runs Pechanga Resort & Casino near Temecula, and the Morongo band runs Morongo Casino, Resort & Spa near Cabazon, both in the State of California and both offering gambling on slot machines and other kinds of gaming devices such as electronic blackjack or roulette.

The problem for Govenor Schwarzenegger is that games such as electronic blackjack or electronic roulette, which are multi-station gaming devices, can enable more than one player to participate in the same game at the same time in a similar way to real blackjack or roulette tables. The tribes count each of those devices as a single machine, being blackjack or roulette that is, while the state counts each terminal or seat in the game as an individual gaming machine.

The technical distinction is significant because the tribes run the risk of invalidating their agreements and facing closure if the state's definition is used. Based on the Indian interpretation of the compacts with the State of California, they can operate multiple gaming devices for an average 8 players each, and keep within the 2,000 machines cap imposed by the compact. Gov. Schwarzenegger likes to count each terminal in the multi-station system as one machine, and is threatening to shut down the Indian casinos over this dispute.

On June 9, Schwarzenegger's legal-affairs secretary sent a letter accusing the Pechanga Band of Luiseño Indians and the Morongo Band of Mission Indians of operating more than the 2,000 gaming machines they are allowed under their tribal/state agreements, advising them that "if they don't stop using the machines by Aug. 8, the governor may try to shut them down."

The tribes say they are using a definition approved several years ago by a state gambling official. Schwarzenegger's office disagreed, and the two sides have been at odds for more than a year. The tribes offered in February to limit the amount of multi-player devices they use and the number of stations each device has.

At a meeting in May, Schwarzenegger told tribes that he wanted to talk with them individually to discuss renegotiating their gaming agreements. This is something the Indian tribes would like to do in order to lift that 2,000-machine cap and do more business. The chairman of Morongo, Maurice Lyons, considered the meeting productive and said at the time the parties were ready to move forward. However, the latest stance by the California Governor seems to have surprised the Indians. (E-07.03.06)

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