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Under IGRA, gaming is generally prohibited on land taken into trust after 1988 unless it qualifies under specific exceptions. Scotts Valley claims its Vallejo property falls under the “restored lands” exception for federally recognized tribes.
While Interior agreed that Scotts Valley met requirements regarding its modern ties to the area and the timing of the acquisition, the department ultimately concluded the tribe failed to demonstrate a sufficiently significant historical connection to the land.
In court Friday, DOJ attorney Amber Dutton-Bynum argued that Scotts Valley could not meet the high threshold for irreparable harm required to secure an injunction. She maintained that the tribe knowingly chose to invest in the Preview Casino while its gaming status remained uncertain, as reported by Law360. Dutton-Bynum added that the modular buildings could easily be repurposed for non-gaming commercial uses if the prohibition stands.
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Wyoming Senator Cynthia Lummis, the leading negotiator for Republicans, berated her Democratic colleagues in a statement, saying they “played games” and “were never truly serious about protecting consumers”.
“The Democrats are now anti-American – sad!” she said.
The rejection of the Clarity Act can be viewed as a victory for gaming stakeholders in their fight against prediction markets, which are closely intertwined with the crypto world. Crypto markets have long been the second-largest category of prediction market trading, behind sports, and many crypto exchanges also now offer predictions. These include Crypto.com, Coinbase, Gemini and many others.
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Jonas projected on Friday (Sept. 18) in his Las Vegas room survey a soft third quarter. Jonas said Q3 rates for Las Vegas Strip casino rooms are “mostly lower,” with MGM Resorts rooms down 9% and Caesars Entertainment down 11%.
August rates trended lower, with Strip Proxy down -14%, MGM -17%, Caesars -18%, and Wynn Resorts flat. September is also lower with Strip Proxy down -10%, MGM -11%, Caesars -15% and Wynn +2%, as weekend rates were a bit higher but weighed down by the still soft weekday rates,” Jonas wrote.
Jonas said October is showing some signs of life, but November is mixed at this point.
