Tribe's winning hand
Miami Herald Editorial
Š 2008 Miami Herald
Monday, September 15, 2008

Diplomats use the expression ''facts on the ground'' to refer to a situation where reality is different from what is true by law or in theory. The concept often is employed by the military when it establishes a physical presence that cannot easily be removed. This is what the Seminole Tribe of Florida has done by continuing to allow blackjack and other card games at its casinos, despite an adverse ruling by the Florida Supreme Court. The unlawful gaming apparently will continue until the Legislature or the U.S. Department of the Interior puts and end to it, or gives it their blessing. That's too bad because neither the Legislature nor Interior seems to be in a hurry to settle the matter. Meanwhile, the Seminoles continue to reap the rewards of a competitive advantage over other gaming facilities.

In July, the Supreme Court said that Gov. Charlie Crist exceeded his authority when he made a deal with the Seminoles that gave the Tribe games that aren't allowed anyplace else in Florida. Last week, the court rejected a request by Gov. Crist and the Tribe to reconsider the ruling.

But no matter: The Tribe is continuing with the games, just as it did after the court's July ruling. A spokeswoman for the U.S. attorney's office in Miami said that the matter has been referred to Interior and that the local office would get involved only if Interior decides to act.

The lack of urgency to resolve the matter by Interior and the failure of the Legislature and U.S. attorney to act mean that the Seminoles continue to benefit from gaming that they are not lawfully entitled to.

The Tribe is establishing ''facts on the ground'' by earning profits and growing its client base that will be difficult, if not impossible, to erase when the case ultimately is resolved. That's a nifty way to turn a losing hand into a winner.

Petition On Invalidated Gaming Agreement Rejected
The Tampa Tribune
Š2008 Media General Inc
Friday, September 12, 2008

The Florida Supreme Court on Thursday turned down petitions to rehear arguments on why an agreement between the Seminole Indian Tribe and the state over casino games should be valid.

The court in July voided the agreement between the state and the tribe that would allow high-end slot machines, blackjack and baccarat, games that were not allowed on reservations but were sanctioned under the now-invalid agreement.

The Seminoles and Gov. Charlie Crist filed separately for a rehearing with the state Supreme Court after justices ruled July 3 that Crist overstepped his authority in negotiating the deal, or "compact," without the Legislature's approval.

The Seminoles are already offering these games, and Barry Richard, the tribe's Tallahassee-based attorney, said the games will continue to be offered.

"The continuation of the games is not directly related to the motion for rehearing. They can continue with the games because the games have been authorized by the U.S. Department of the Interior," Richard said. However, he added, the Indian Gaming Commission, which now has jurisdiction over the issue, uses state law as "one of the factors weighed in deciding how to apply the federal law."

Now the Seminoles must see whether the Legislature will approve the compact, Richard said. "If the Legislature doesn't approve it, we're back to where we started."