Discovery of lottery ticket sales on their territory has left the Cayuga Nation disgruntled, prompting them to instigate legal proceedings against the New York State Gaming Commission (NYSGC).
The nation observed an unauthorized selling of lottery tickets on their reservation in the Finger Lakes region, infringing on their exclusive right to sell gambling items on their land. The litigation focuses on the allegations that the state of New York facilitated the installation of lottery terminals on Cayuga territory, thus enabling customers to purchase instant-win scratch-offs and lotto tickets.
The permit for a courier service to the Jackpot company was also issued by the state, a firm which provides the public with the ability to access the New York Lottery and similar games through the Jackpocket app.
Unsuccessful Communication Attempt by Cayuga with NYSGC
The Indian Gaming Regulatory Act (IGRA), enforced in the USA, prevents NY state from offering gaming on Cayuga territory unless explicitly permitted by the tribe, as argued by the Cayuga Nation. Further, any state that indulges in gambling activities on tribal land is mandated to contribute at least 60% of its net revenues to the tribe – an obligation that the state of New York is accused to overlook.
The tribal body also emphasizes that lottery games qualify as Class III gaming, a category that also includes slots and roulette games. Even the Cayuga Tribe is deterred from offering Class III games on its territory, and must restrict itself to Class II games, like poker and electronic bingo.
The Cayuga tribe has also expressed concern that the presence of lottery games on its lands may undermine the tribe’s existing industries, thus hampering its capability of generating funds for its members. Clint Halftown, a spokesperson for the tribe, notes that revenues from tribal gambling activities are primarily directed towards transformative governmental benefits for the citizens of the Cayuga nation.
The act of authorizing lottery sales on reservation land by New York State gravely hampers the rights of the Nation and its capability to provide for its citizens.
Clint Halftown, Representative of Cayuga Nation
The litigation lodged by the Cayuga Nation is perceived as an outcome of failed communication attempts with the New York State Gaming Commission regarding this concern. The Nation now seeks to establish in court that the functioning of lottery gaming on its lands breaches the IGRA.
Halftown affirmed that the Cayuga Nation Council will not turn a blind eye to this transgression, given the recent proliferation of gaming activities in the state of New York.
