Federal Warnings Preceded Six-Day Operation of California Tribal Preview Casino

The U.S. Department of Justice told a federal judge that the Scotts Valley Band of Pomo Indians received repeated warnings that the legal basis for gaming on its Vallejo parcel was under reconsideration before the tribe opened a temporary facility.

The tribe launched its Preview Casino on July 24, offering Class II gaming from modular buildings. Six days later, the Department of the Interior determined the land did not qualify for gaming under the Indian Gaming Regulatory Act, prompting immediate closure.

Court Arguments Over Injunction Request

The statements came during a hearing on the tribe’s request for a preliminary injunction blocking the Interior’s July 30 decision. DOJ attorney Amber Dutton-Bynum argued the tribe could not show irreparable harm necessary for relief because it knowingly proceeded while eligibility remained uncertain, as first reported by Casino.org News. Dutton-Bynum added that the buildings could be put to other uses.

Patrick Bergin, counsel for the tribe, rejected that view. Bergin stated the tribe had twice informed Interior of its plans to open the Preview Casino and provided updates without receiving any instruction to stop. Bergin also noted that converting a site studied and built for gaming into an alternative such as a car dealership would prove difficult.

U.S. District Judge Trevor McFadden appeared skeptical that the tribe had met the high threshold for demonstrating irreparable harm. McFadden has not yet ruled on the injunction request. The decision also threatens the tribe’s larger plan for a $700 million casino resort and hotel on the site.

Background of Eligibility Dispute

The matter dates to January 2025, when the Biden administration determined the parcel was eligible for gaming. Interior temporarily rescinded that finding two months later after Secretary Doug Burgum raised concerns about whether evidence of the tribe’s historical connection had been adequately considered.

The tribe sued. In October 2025, McFadden ruled that Interior had violated due process rights by rescinding the determination without notice and an opportunity to respond. The judge allowed Interior to continue reviewing the underlying gaming eligibility question.

Interior found the tribe satisfied requirements on modern connection and acquisition timing but failed to demonstrate a sufficiently significant historical connection. The tribe has alleged the reversal followed a political pressure campaign by the Yocha Dehe Wintun Nation, which opposes the project.

This sequence of events shows the concrete risks that arise when a tribe moves forward amid active reconsideration of IGRA eligibility.

Reporting: Casino.org News

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