A view of the Pechanga Resort Casino in Temecula, California. Photo from Flickr
The Pechanga Band of Luiseno Indians apologized to a former employee who continues to pursue a lawsuit against the southern California tribe's gaming regulators. The tribe also pressured one of the gaming commissioners who was involved in Benedict Cosentino's case to resign, The Riverside Press-Enterprise reported. But the former table games dealer at the Pechanga Resort & Casino says he is having trouble finding another job in the industry because he must disclose that he lost his gaming license. “He’s left in a position where he is effectively tainted,” attorney Andrew Twietmeyer told the paper. The tribe rescinded the revocation of Cosentino's license, the paper said, but that apparently hasn't improved his employment situation. The 4th District Court of Appeal last week ruled that gaming regulators can be sued for revoking the icense. The decision said sovereign immunity does not protect officials who go beyond their authority. "Although the parties do not dispute that as members of the tribe’s gaming commission defendants had the authority to revoke a gaming license if they received reliable information the licensee no longer satisfied the requirements for obtaining a license or had engaged in conduct that reflected poorly upon the tribe or its gaming activities, the record lacks evidence showing defendants received any such information about Cosentino or explaining why they revoked his gaming license," Judge Richard M. Aronson wrote in the unanimous ruling. The tribe has not said whether it will appeal to a higher court. But attorney Frank Lawrence said the case has not been decided on the merits. "We respectfully disagree with the court's opinion," Lawrence told the paper. "The opinion was not a ruling on the merits and did not find any wrongdoing whatsoever by defendants." Get the Story:
Ruling a setback for tribal sovereignty (The Riverside Press-Enterprise 5/29) 4th District Court of Appeal Decision:
Cosentino v. Fuller (May 28, 2015)
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allows lawsuit against gaming officials of Pechanga Band (5/29)
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