Temecula, CA asked in Civil Rights, Constitutional Law, Gaming and Consumer Law for California

Q: Can a Indian casino kick you out with no reason given after never have any type of misconduct and banned you for life?

And send me a letter with my personal information to my house , the letter had my birth information and more over the letter states that I refused to sign the document , which I never saw it before and I have a witness who was with me since we step out of my house

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, Indian casinos operate under the sovereignty of their respective Native American tribes, which means they have their own rules and regulations independent of state laws but within the framework of federal regulations and tribal-state compacts. This sovereignty allows them to enforce their own policies regarding admission and bans from their premises. They can exclude individuals from their property for various reasons or even no stated reason, as long as the exclusion does not violate federal laws or the terms of their tribal-state compact.

If you have been banned and received a letter containing your personal information, including allegations you dispute, it's crucial to approach the situation thoughtfully. The letter you received should comply with privacy laws regarding the handling of personal information. If you believe your rights have been violated or that the casino has acted improperly, you might consider seeking legal advice to understand your rights and options.

Gathering evidence, such as witness statements and any correspondence from the casino, can be beneficial. It may also be helpful to request a formal explanation from the casino regarding the ban if you wish to challenge it or seek clarification. However, given the unique legal status of tribal casinos, it's important to recognize the limits and challenges in contesting their decisions outside their internal processes. Consulting with a legal professional knowledgeable in tribal law and the specific tribal-state compact governing the casino in question can provide guidance tailored to your situation.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.