McCollum rejected on Seminoles
A judge rules the state Supreme Court still has final say over the tribal-gaming pact.

John Holland
Copyright © 2008, South Florida Sun-sentinel
Copyright © 2008, Orlando Sentinel
Saturday, January 5, 2008

The federal government can validate a Seminole Indian gaming compact Monday as planned without hindering the state Supreme Court's power to toss out the deal, a federal judge ruled Friday.

U.S. District Judge Paul L. Friedman rejected state Attorney General Bill McCollum's attempt to keep the U.S. Department of the Interior from accepting a compact reached in November between the tribe and Gov. Charlie Crist.

The ruling has no impact on whether the tribe will offer blackjack and other casino games, but it did shoot down what federal lawyers called McCollum's efforts to meddle in federal jurisdiction.

The final say on gaming likely rests with the state Supreme Court, which must decide whether Crist had the right to negotiate on behalf of the state, or whether he needed legislative approval. If the court sides with Crist, the Seminoles win and the compact is valid; if not, the compact heads to the Legislature, which can approve, reject or modify the deal.

McCollum sought an emergency injunction to keep the Interior Department from publishing the compact in the federal record. The department ratified the compact Dec. 31, a major step toward final approval, and it is to be published in the federal register Monday.

Friedman ruled the state wouldn't be harmed by the Interior Department's actions.

McCollum had no immediate reaction to the decision.

In November, Crist reached an agreement allowing the tribe to install blackjack tables, baccarat games and Las Vegas-style slot machines on its Hollywood property and other Indian land in the state. In exchange, the tribe agreed to pay the state at least $375 million over the next three years, and a minimum of $100 million annually after that.

House Speaker Marco Rubio criticized the proposal and filed a lawsuit asking the state Supreme Court to rule that Crist overstepped his authority. The Supreme Court will hear arguments later this month.

Seminole Attorney Barry Richard said Thursday that the tribe has no plan to install new gaming equipment based on the Interior Department's approval and will await the Supreme Court's decision.

In court papers, Interior Department attorneys ripped McCollum's efforts, saying the state had no jurisdiction in the matter and arguing the entire lawsuit was pointless.

The South Florida Sun-Sentinel is a Tribune Publishing newspaper. Information from The Associated Press was used in this report.