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He also pointed to the self-exclusion mechanism adopted by the government.
“The debate about prohibition will remain open in the country for the next few years,” he said. “It will be an institutional debate between the Supreme Court, Congress and the executive branch.
Durigan did not indicate that the government would prohibit the activity.
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Despite those warnings, the tribe opened its “Preview Casino” on July 24, offering Class II gaming out of modular structures.
Six days later, Interior determined that the land did not qualify for gaming under the Indian Gaming Regulatory Act (IGRA), forcing the tribe to shutter the operation and take the federal government back to court.
The arguments came as Scotts Valley asked US District Judge Trevor McFadden to issue a preliminary injunction blocking Interior’s July 30 decision. The outcome of the dispute directly threatens the tribe’s much larger ambition for the site: a proposed $700 million casino resort and hotel.
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The DIA also issued new financial guidance for class 4 operators, with the aim of providing greater clarity on their accounting requirements and an explanation of their obligations.
The department said the guidance had been designed to “improve consistency across the sector and help prevent similar issues from occurring in future”.
In May, an investigation under the title “Operation Turbo” charged an Auckland man on eight counts under the Gambling Act.
