Example: Bingo is allowed at non-Indian establishments (thank you, Church of Rome!). Therefore, Indians have an automatic right to offer Bingo. But let's say slot machines and craps are not allowed in the state. Indians don't have an automatic right, but can negotiate a compact with the state to offer slots and/or craps.
Because the tribe can offer what is offered at non-Indian casinos, and also has the power to negotiate a compact to offer games not currently offered at non-Indian casinos, the Indians are never "out of the equation."
Perhaps an attorney or someone else with more recent experience will correct this if I am wrong.
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