Calif. Tribes To Reopen Casinos Despite Gov.'s Virus Fears

By Joyce Hanson
Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our weekly newsletters. Signing up for any of our section newsletters will opt you in to the weekly Coronavirus briefing.

Sign up for our Native American newsletter

You must correct or enter the following before you can sign up:

Select more newsletters to receive for free [+] Show less [-]

Thank You!



Law360 (May 18, 2020, 8:15 PM EDT) -- Four tribal casinos in San Diego County appear to have ignored California Gov. Gavin Newsom's warning to rethink reopening quickly during the COVID-19 pandemic, saying they are moving forward with plans to open their doors to customers this week while putting safety measures in place.

Viejas Casino & Resort was reportedly packed on Monday after announcing that it has begun a phased reopening that includes physical distancing, intense cleaning and sanitization protocols, mandatory face coverings for guests and employees, and temperature checks and symptom monitoring at entry points.

At noon, a Viejas parking lot was already full within minutes of the casino's opening "because they are at maximum capacity," and gamblers still outside faced a two-hour wait to get in, according to a local CBS8 video news reporter at the scene.

Viejas spokesman Anthony San Pietro declined to comment further Monday beyond what is stated in the casino's online COVID-19 update. The update says masks are required for all guests and employees, hand-sanitizing stations have been introduced throughout the casino resort, and the property will be closed from 3 a.m. to 7 a.m. daily for deep cleaning.

Meanwhile, Jamul Casino said it planned a "soft reopening" launch at 10 a.m. Monday for its regular guests followed by a public reopening on Thursday. And Sycuan Casino Resort announced it plans to reopen Wednesday, while Valley View Casino & Hotel said it will reopen Friday.

All four casinos said in public announcements on their websites that the safety of guests and employees is a top priority. Their announcements came as Newsom urged the tribes in a letter Friday to reconsider their plans to reopen, saying he "cannot stress enough" that the pandemic is far from over and the coronavirus remains a public health threat.

Viejas said it has invested in ultraviolet-light germicidal technology that will be used to sanitize the property daily in "a scaled approach that will eventually protect you passively, providing medical-grade, hospital clean conditions."

Jamul said it will reopen in phases that include physical distancing protections, increased cleaning and limited hours during the soft reopening. It said a recent survey of its entire database of guests showed that 94% of respondents indicated that they would be comfortable returning to the casino.

"This has been an unprecedented season of uncertainty, and we understand it may take time for some guests to be ready to come back," Jamul President and General Manager Mary Cheeks said in a statement Friday. "I can assure you that we are doing everything in our power to ensure that Jamul Casino is a safe and fun environment when guests return."

Sycuan Casino Resort also said on its website that it has made extensive changes at its property and plans to open in phases with an "aggressive health and sanitation program" to protect guests and employees.

"We are slowly opening select venues and gaming areas in phase one of our reopening and will continue to evaluate our reopening strategy to maintain a safe environment for all," Cody J. Martinez, chairman of the Sycuan Band of the Kumeyaay Nation, said in a statement.

Similarly, Valley View Casino & Hotel said it has undertaken all precautions to allow for a safe reopening, including "a much more spacious casino, restaurants and hotel" that allow for social distancing.

However, Newsom said in his Friday letter to tribal leaders that he is not happy about their plans for reopening, according to local news reports. The Los Angeles Times reported Friday that Newsom reminded the leaders that more than 75,000 Californians have tested positive for the virus in 54 of the state's 58 counties — and those numbers are rising.

"I understand that some tribal governments are planning on reopening casinos on their lands," Newsom said, according to the Times. "This deeply concerns me, and I urge tribal governments to reconsider and instead make those determinations based on how they align with the current local public health conditions and the statewide stage of reopening."

The governor said he appreciated tribes' need for casino revenue, but he added that the state's health officer hasn't yet authorized entertainment businesses that draw large crowds to operate.

Newsom's office did not respond immediately to a request for comment.

--Editing by Breda Lund.

For a reprint of this article, please contact reprints@law360.com.

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!