Court: Calif. Can Sue Tribe Over Funds

SACRAMENTO, Calif. - A state appeals court ruled Wednesday that California can sue an American Indian tribe to force it to abide by state campaign contribution laws.

In a 2-1 decision, the three-judge panel rejected the Agua Caliente Band of Cahuilla Indians' claim that the tribe is a sovereign nation and not subject to such a lawsuit.

"The constitutional right of the state to sue to preserve its republican form of government trumps the common law doctrine of tribal immunity," the ruling reads.

Art Bunce, an attorney for the tribe, said no decision had been made on whether to appeal.

"We're pleased that one of the three judges recognizes federal law, but we're disappointed that the other two don't," he said.

Jim Knox, executive director of California Common Cause, which filed complaints over the tribe's lack of disclosure, said the ruling will contribute to an evolving debate over issues related to tribal sovereignty.

He said the ruling was "a victory for an informed electorate and the fundamental principle that campaign disclosure laws should apply equally to everyone," he said.

Tribes have become one of California's and the nation's largest campaign contributors since the rise of tribal casinos, giving more than $130 million to California political campaigns since 1998.

Agua Caliente, the only California tribe with two casinos, both in the Palm Springs area, has given more than $12 million to California campaigns over the past six years.

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On the Net:

http://www.fppc.ca.gov

http://www.aguacaliente.org/