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§ 1811.Injunction Against Gaming Or Authorization of Gaming

Title 12. Tribal Injunctions · Enacted 2004 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1811 lets a tribe with a designated tribal gaming compact seek an injunction, the sole available remedy, against state-authorized gaming that substantially impairs its compact's exclusivity rights once bonds tied to that exclusivity are issued, and allows expedited California Supreme Court review of orders on a preliminary injunction.

Full Text of § 1811

Text sizeJump to: (a) (b)

(a) Following the issuance of the bonds as specified in Section 63048.65 of the Government Code and during the term of the bonds, if it reasonably appears that the exclusive right of an Indian tribe with a designated tribal compact, as defined in subdivision (b) of Section 63048.6 of the Government Code, pursuant to Section 3.2(a) of that compact has been violated, the tribe may seek a preliminary and permanent injunction against that gaming or the authorization of that gaming as a substantial impairment of the rights specified in Section 3.2(a), in order to afford the tribe stability in its gaming operation and to maintain the bargained-for source of payment and security of the bonds. However, no remedy other than an injunction shall be available against the state or any of its political subdivisions for a violation of Section 3.2(a). The Legislature hereby finds and declares that any such violation of the exclusive right to gaming under Section 3.2(a) is a substantial impairment of the rights specified in that section and will cause irreparable harm that cannot be adequately remedied by damages. No undertaking shall be required on the part of the tribes in connection with any action to seek the preliminary or permanent injunction.
(b) Notwithstanding any other provision of law, the parties to an action brought pursuant to subdivision (a) may petition the Supreme Court for a writ of mandate from any order granting or denying a preliminary injunction. Any such petition shall be filed within 15 days following the notice of entry of the superior court order, and no extension of that period shall be allowed. In any case in which a petition has been filed within the time allowed therefor, the Supreme Court shall make any orders, as it may deem proper in the circumstances.

Plain-English Summary

California once issued bonds backed in part by revenue tied to certain tribes' exclusive right to operate gaming under their tribal-state compacts, and Section 1811 protects the value of that exclusivity once those bonds are outstanding. After the bonds specified in Government Code Section 63048.65 are issued, and for as long as they remain outstanding, a tribe with a designated tribal compact can go to court if it reasonably appears the state has violated that tribe's exclusive gaming right under its compact. The remedy is narrow but powerful: the tribe can seek a preliminary and permanent injunction against the competing gaming or its authorization, and the Legislature has already declared that this kind of violation causes irreparable harm that money damages can't fix. No undertaking, the bond a plaintiff usually has to post to get an injunction, is required. Just as important is what the tribe cannot do: no remedy other than an injunction is available against the state or its political subdivisions for this kind of violation, so damages are off the table no matter how the harm is measured.

Because these bonds depend on the compact exclusivity holding steady, the section also builds in fast judicial review. Either party to an injunction action can petition the California Supreme Court directly for a writ of mandate challenging an order that grants or denies a preliminary injunction, bypassing the normal path through the Courts of Appeal. That petition has to be filed within 15 days of notice of the superior court's order, a deadline the section makes clear allows no extension, after which the Supreme Court can issue whatever orders the circumstances call for.

Frequently Asked Questions

What can a tribe do if California authorizes gaming that violates its compact's exclusivity right?

Seek a preliminary and permanent injunction against that gaming or its authorization, once the bonds described in Government Code Section 63048.65 have been issued and remain outstanding.

Can the tribe instead sue the state for money damages?

No. Section 1811 makes clear that no remedy other than an injunction is available against the state or its political subdivisions for this kind of violation.

Does the tribe have to post a bond to get the injunction?

No. The section states that no undertaking is required in connection with an action to seek the preliminary or permanent injunction.

How quickly must a party seek review of a preliminary injunction order?

Within 15 days of notice of the superior court's order, filed as a petition for writ of mandate directly to the California Supreme Court, with no extensions allowed.

Why does this section exist?

Because bonds issued under Government Code Section 63048.65 depend on tribal gaming exclusivity as their revenue source, so the Legislature gave affected tribes a fast, injunction-only remedy to protect that exclusivity while the bonds remain outstanding.

Amendment History

Added by Stats 2004 ch 91 (AB 687), s 2, eff. 6/30/2004.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
Also known as: tribal gaming compact exclusivity injunctiongaming revenue bond tribal injunction california