While its state legislature continues to wrangle over the questions regarding regulation of online poker within its borders, a California Indian tribe is potentially moving forward with its own real money operation.

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The Iipay Nation of Santa Ysabel Indians last week sent out a press release on Monday saying it would open the first Tribally run online poker site in the United States. Called PrivateTable.com, the press release admitted that the Tribe, while behind the efforts of the California General Assembly to pass regulation, saw a loophole in Federal legislation that governs Indian gaming that would allow it to establish its online poker site for real money.

The Indian Gaming Regulatory Act (IGRA) is a 1988 Federal statute that set up jurisdictional guidelines for tribes in all 50 states to establish casino gaming on their sovereign lands. The purpose of the law was to allow for a method for Indian tribes to generate revenues and encourage economic development, among other things. The regulations are quite specific in scope, but leave out one important component.

There are three classes of gaming that fall under IGRA. Class I is what is known as “traditional Indian gaming” that is a part of Tribal ceremonies and celebrations. Class II gaming is those games of chance and non-banked card games. Class III gaming pretty much covers everything else that you might find in a casino such as slots, blackjack, roulette, and craps.

The loophole that the Iipay Nation seems to believe exists is that poker is not specifically mentioned by name in any of the language of IGRA.

PrivateTable.com has been actively signing up players since late last week. The software is provided by IG Soft (formerly Dobrosoft) and the Iipay Nation has teamed with the Kahnawake Gaming Commission through an inter-jurisdictional agreement that will see the KGC host the site.

PrivateTable.com is expected to allow California residents over the age of 18 to take part in cash games and tournaments. The site is also supposed to be limited to California residents, although there hasn’t been much discussion from Iipay, KGC, or others about what geo-location or confirmation of residency will be used to make sure out-of-state or underage players stay out of the system.

When the site will go active for real money is a problematic question, however. While many residents of the Golden State took part in the site’s “free play” poker that went on over the weekend, the Monday start date came and went without the switch being thrown on the cash aspect of the site; as of Wednesday, free play is still the only action being offered. Advertisements have been appearing for the site, though, with one prominent banner ad being found on The Hockey News’ website.

When the Iipay Nation activates PrivateTable.com, it could start several actions on both the California front and with the Federal Government. We’ll keep you posted on the latest.

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