NOTE: WESTERN TELCON V. CALIFORNIA STATE LOTTERY 1 ; WILL NATIVE AMERICANS LOSE AGAIN?
In 1984, California voters passed Proposition 37, which resulted in the adoption of the California Lottery Act and the birth of the California State Lottery (CSL). 2 Since that time, the CSL has run numerous types of g ames. One such game is Keno, which is at the heart of Western Telcon v. California State Lottery. However, Keno is not the only game at stake, and therein lies the importance of Western Telcon and its potentially far reaching effects on those who run gaming operations in California, including Native Americans.
In order to understand the impact of the Western Telcon decision on the scope of permissible gaming on Indian tribal lands, this Note will consider the following: the legal history of gambling in America (part I), state-promoted gambling and the creation of the CSL and Keno (part II), the Western Telcon decision (part III), the history of Indian gaming, the legislative history and relevant provisions of the Indian Gaming Regulatory Act (IGRA) (part IV), the impact of the Western Telcon decision on California Tribal Gaming (part V), and the future of Indian gaming after Western Telcon (part VI).