Cayuga Nation believes Caesars is encroaching on tribal lands
The tribe issued a statement. The Cayuga Nation believes that Caesars has no legal standing. It can't allow its servers to transmit online sports betting into tribal-controlled areas. The tribe notes that under IGRA, Caesars lacks the "required licensing, tribal authorization, or a federally approved gaming compact."
According to
reporting by the Auburn Citizen, Cayuga Nation representative Clint Halftown insists that only they have the right to offer gambling on tribal land.
“Sovereignty means the right to regulate and protect our own lands and our people,” Halftown said in a media release. “By operating their app within our reservation without authorization, Caesars illegally encroached on our sovereign rights, bypassing crucial regulatory protections, and ignoring the federal and Cayuga laws that govern gaming in the nation’s reservation.
"We will not allow mobile gaming operators to exploit our territory for profit without accountability.”
The nation is seeking a court order declaring that Caesars has no authorization to operate online sports betting within the boundaries of its tribal land. They also intend to seek damages to cover the sportsbook's alleged violations of tribal and federal law.
The Cayuga Nation is situated in the Finger Lakes region of New York.
Court documents clearly outline the accusations against Caesars
Lawyers representing the tribe don't pull any punches in laying out the accusations the Cayuga Nation is making against Caesars.
“Despite clear statutory mandates, Defendant conducted gaming within the Reservation without the Nation’s authorization, approval of a Tribal-State compact, or oversight by the National Indian Gaming Commission (NIGC) or the Secretary of the Interior, as required by IGRA,” their complaint reads.
“Through Defendant’s applications and servers licensed by the New York State Gaming Commission, Defendant accepted wagers placed from physical locations within the Reservation’s boundaries, including wagers from users who are present on Indian lands.”
The suit goes on to accuse Caesars of misleading advertising. In its ads, Caesars claims its product is legally offered throughout New York state. That would include tribal land.
"By emphasizing its adherence to state regulations while omitting any disclosure that mobile sports wagering may be unlawful on Indian lands, Defendant creates the misleading impression that its platform is legally available everywhere within the State," the filing argues.
Other online sportsbooks avoid tribal land
There is a legal precedent at work that could prove helpful to the Cayuga Nation's case. Prominent online sportsbooks such as FanDuel and DraftKings are already in compliance. They have ceased to offer their sports betting online within the boundaries of the Cayuga Nation land.
Accomplishing this is relatively easy. Geofencing software enables this function. This prevents the online signal from crossing that line into tribal land.
In its new release, the Cayuga Nation confirmed that it would continue to "aggressively protect its sovereign rights and regulatory authority to ensure that all gaming activities occurring on tribal lands are legal, safe, and mutually beneficial to the community."
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