A California Tribe thought to be launching the first post-Black Friday online poker room in the state was hit with a lawsuit from the US Government related to its online bingo site. According to a press release, the lawsuit and temporary restraining order are to prevent the Iipay Nation of Santa Ysabel from continuing to operate Desert Rose Bingo. They cite the Unlawful Internet Gambling Enforcement Act, or UIGEA.

You’ll recall that the UIGEA was passed in the final seconds of the 2006 Congressional session after being attached to a completely unrelated port security measure at the behest of then-Senate Majority Leader Bill Frist. The UIGEA outlaws financial transactions to “unlawful internet gambling” sites, but is relatively ambiguous as to what that three-word term means.

According to the same release, “The Department alleges that because California law prohibits non-charitable bingo off tribal land, Desert Rose Bingo equates to unlawful internet gamblingand the UIGEA prohibits any electronic financial transactions made in connection with the site.”

Meanwhile, the Tribe, which was behind PrivateTable, argues that its bingo site is lawful because “the Tribe is exerting its sovereign right under the Indian Gaming Regulatory Act to regulate and conduct Class II gaming from the tribe’s reservation” near San Diego. It only accepted California players.

The Tribe responded in a press release of its own, “We are deeply disappointed by the federal court’s decision to grant the State’s TRO. This decision poses a significant threat to tribal jurisdiction over Class II gaming under the Indian Gaming Regulatory Act. It declares one-touch bingo and proxy play of games to be illegal and turns a blind eye to federal laws and precedentpermitting technological advancements to aid in the play of Class II bingo. These are very dangerous and significant pronouncements for Indian Country.”

Last week, a judge issued a temporary restraining order, or the referenced TRO, against Desert Rose Bingo. As outlined by 4Flush, “With the issuance of the restraining order, the tribe will not be able to offer online poker gaming any time soon and will have to cease their online bingo operations until some type of resolution is found in the case.”

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