Seminoles ask court to reconsider gambling pact

By Mary Ellen Klas
© 2008 Miami Herald
Friday, July 18, 2008

The Seminole Tribe of Florida on Thursday asked the state's high court to reconsider its 7-0 decision to invalidate the gambling compact signed by Gov. Charlie Crist, a ruling that jeopardizes the operation of its blackjack and baccarat games being offered at the tribe's Hard Rock Hotel and Casino near Hollywood.

The tribe has drawn large crowds since it began running the games on June 22 and it argues that the two-week-old Florida Supreme Court ruling is a flawed interpretation of federal law. It wants the court to reverse itself or modify its conclusion that the governor can't authorize blackjack and baccarat at the tribe's seven casinos in Florida without legislative approval.

But opponents say the motion is a stalling tactic, designed to allow the tribe to keep running games that are otherwise illegal in light of the court ruling.

Until the court order is final and the rehearing is rejected or allowed, the games can't be stopped. Federal law says that the tribe may operate Las Vegas-style slot machines and other Class III casino games only with a valid compact -- the agreement signed by the governor -- or through rules imposed by the federal government.

The court ruled that Crist had the authority to sign a compact allowing the tribe to run Las Vegas-style, Class III slot machines. But he exceeded his authority, the court said, when he also gave the Seminoles so-called ''banked card games'' that are illegal in Florida, and he didn't ask the Legislature to legalize them.

Tribe attorneys Barry Richard and Glenn Burhans argue that banked card games are not illegal and were allowed in the 1990s when the Florida Lottery ran its Million Dollar Flamingo Fortune television show featuring a banked card game in which contestants bet their winnings against the house.

Although the Broward County Circuit Court ruled that the games violated Florida's ban against casino gaming, ''the Legislature never took action to prohibit the Lottery from offering them'' and ''could once again operate such banked card games, clearly demonstrating that Florida's prohibition is not absolute,'' the tribe argues.

Cooper City Sen. Steve Geller, who is an expert on gambling law, called the tribe's argument ''preposterous.'' He said that no court has allowed Class III games to be compared to games offered by a state Lottery. ''They're asking for a rehearing for one reason -- stalling purposes,'' Geller said.