I will find the case but what I believe they are going after is the same case law that allowed the Indians to conduct gambling.
Because they have sovereign land, the state has to allow it to happen, specifically (as in California) if it's legal state wide.
Now different agreements can be made to make all people happy as did in Florida with the Seminole Indians and Gambling. The reservation was very close to Disney and the locals hated it as they were afraid it would affect "family friendly" tourism. The end deal a casino in South Florida and s Casino in Tampa. A FORCED win for all.
News 
Market Data 
Discover 
