Diamond Game Enterprises, Inc. v. Reno

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

This case requires us to determine whether a gambling machine known as the Lucky Tab II, an electromechanical device that dispenses paper pull-tabs and then displays their contents on a video monitor, should be classified under the Indian Gaming Regulatory Act as a Class II “aid” or a Class III “facsimile.” The Act prohibits Indian tribes from operating Class III facsimiles without first negotiating a compact with the state. Applying the statute’s plain language, guided by our only relevant precedent, Cabazon Band Mission…