The federal government states that the Scotts Valley Band of Pomo Indians, a California tribe that recently opened and closed a casino within six days, had been warned multiple times about the reconsideration of the legal basis for gaming on their property.
During a court hearing, a Department of Justice attorney revealed that the tribe knew about the possibility of the Interior Department reversing its earlier decision regarding the eligibility of the Vallejo land for gaming.
Despite the warnings, the tribe proceeded to open the “Preview Casino” on July 24, offering Class II gaming from temporary buildings.
Just six days later, the Interior Department declared that the land did not meet the qualifications for gaming under the Indian Gaming Regulatory Act (IGRA), leading the tribe to close the casino.
Tribal Efforts for Injunction
Scotts Valley sought a preliminary injunction from US District Judge Trevor McFadden to counter the Interior Department’s decision made on July 30.
This decision also jeopardizes the tribe’s larger plans for the property, including a proposed $700 million casino resort and hotel.
Under the Indian Gaming Regulatory Act, gaming on land acquired after 1988 is generally prohibited, with certain exceptions. Scotts Valley argued that their property falls under an exception for land obtained during the restoration of a federally recognized tribe.
Although the tribe met requirements related to its current connection to the area and the timing of land acquisition, the Interior Department found that a significant historical connection was lacking.
DOJ attorney Amber Dutton-Bynum contended that Scotts Valley did not show the necessary irreparable harm to justify an injunction, as they willingly invested in the Preview Casino despite the uncertain gaming eligibility status, as reported by Law360.
She also suggested that the buildings could be repurposed for other uses if gaming remains prohibited.
However, Patrick Bergin, representing Scotts Valley, argued against the feasibility of repurposing the development, emphasizing the specific focus on gaming during its planning and construction phase.
Bergin also mentioned that the tribe had notified the Interior Department twice about their intentions to open the Preview Casino and had received no instructions to stop the project.
Ongoing Legal Dispute
The conflict traces back to January 2025 when the Biden administration initially approved gaming on the Vallejo parcel. However, subsequent concerns raised by Secretary Doug Burgum led to the temporary rescission of that decision two months later.
In October 2025, Judge McFadden ruled that the Interior Department violated the tribe’s due process rights by revoking the initial determination without providing adequate notice and an opportunity for response.
Despite this ruling, McFadden allowed the Interior Department to continue reviewing the gaming eligibility question concerning Scotts Valley’s land.
Scotts Valley has alleged that the decision to reverse the gaming eligibility was influenced by a political pressure campaign from the Yocha Dehe Wintun Nation, which opposes the Vallejo casino project.
During the recent hearing, McFadden expressed skepticism regarding the tribe’s ability to demonstrate irreparable harm, but has yet to make a ruling on the injunction request.