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Thursday, May 14, 2020

Conflict of laws and jurisdiction in pandemic management: San Diego County and Native American owned casinos

Federally-recognized Native American tribes are considered nations somewhat independent of states and local jurisdictions. 

Of course that includes large and small "reservations," but also casinos ("Casinos Lead to Tribal Sovereignty Woes," AP; "Reconciling the Paradox of Tribal Sovereignity: Three Frameworks for Developing Indian Gaming Law and Policy," Nevada Law Journal [2003]).

San Diego County has no ability to forbid the Kumeyaay Nation from reopening the Sycuan Casino or the San Pasqual Band of Mission Indians from reopening the Valley View Casino ("County to call on feds to help block tribal casinos from reopening Monday," San Diego Union-Tribune; "Valley View and Sycuan casinos plan to reopen next week," Riverside Press-Enterprise).

Even though if people become sick from the coronavirus, it is the County, its hospitals and public health agencies, that will have to deal it.

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