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There is a second complication. The relentless flow of Commission statements may eventually make enforcement less damaging rather than more.
“The regulatory failures are unhelpful but perhaps the sheer number and regularity of them has made them less remarkable, such that they become ‘wallpaper’,” Waugh says.
He argues that some lawyers and licensees believe the Commission’s presentation of cases is detached from the operational reality but feel they have little option other than to accept the “regulator’s truth” when settling.
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The conflict stems back to January 2025, when the outgoing Biden administration initially determined that the Vallejo parcel was eligible for gaming.
Interior temporarily rescinded that determination just two months later after newly appointed Secretary Doug Burgum raised concerns over whether the tribe’s historical connection to the land had been thoroughly evaluated.
Scotts Valley filed suit in response. In October 2025, Judge McFadden ruled that Interior had violated the tribe’s due process rights by rescinding the approval without giving prior notice or an opportunity to respond.
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But the advertisement is still garnering plenty of attention online and in the news, with the controversy surrounding the Polymarket branding a major topic of discussion in prediction market and gaming circles.
A man who answered the phone at Mount Elliott Crushing said he was unaware of any controversy involving Polymarket and the state.
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