SAN FRANCISCO — Proposition 5, the Indian gambling measure that state voters overwhelmingly approved last November, is unconstitutional because of a state ban on Nevada-style casinos, the California Supreme Court decided Monday.
The 6-1 decision means that the most popular kinds of gambling offered on many Indian reservations in California are illegal and can be shut down by federal authorities. A federal judge already had ordered some of the state's largest Indian gambling halls to disconnect their slot machines within 45 days of a state Supreme Court rejection of the ballot measure.
Tribal officials remained hopeful Monday that their gambling halls could continue to operate in some limited fashion pending future talks with Gov. Gray Davis and a possible new ballot measure.
But the court decision prevents Davis from permitting slot machines and certain kinds of card games, such as blackjack, on reservations in any agreement he negotiates with tribes in coming months.
Davis said he would abide by the court's decision but also would try to find a way to enforce the will of voters who approved Proposition 5.
"In light of last year's overwhelming vote in favor of Indian gaming," he said, "I intend to work diligently to find a constitutionally acceptable means of implementing the people's expressed will. I intend to work with the Legislature, the tribes and all interested parties to achieve that result."
With Proposition 5, voters were asked to endorse the kind of Indian gaming that has spread in California without state or federal approval, including the use of slot machines and some card games.
An attorney for the tribes said Monday that they may now try to modify their card games and electronic gambling machines to bring them into compliance with the high court ruling. But the necessary modifications would take time and money and significantly reduce casino profits, tribes say.
In the meantime, some tribal leaders have already begun collecting signatures for a ballot measure next March to amend the state Constitution by specifically exempting Indian gambling from the constitutional ban on casino-style gambling. One option for Davis, who has received major campaign contributions from California Indian tribes, would be to work with the Legislature to put the proposed constitutional amendment on the ballot without the need for an expensive and time-consuming signature campaign.
