Florida attorney general seeks help from feds
to shut down blackjack, slots at Seminole Tribe's casinos

By John Holland
Copyright © 2008, South Florida Sun-Sentinel
Saturday, September 20, 2008

The state's highest law enforcement official is asking federal regulators to shut down the Seminole Tribe's blackjack and slot machine operation, a move that would uphold Florida law but cost taxpayers at least $100 million dollars in gaming profits.

Attorney Gen. Bill McCollum asked the head of the National Indian Gaming Commission on Friday to stop the games and expressed frustration that he's powerless to halt what "everyone acknowledges" is illegal gaming activity on the tribe's seven reservations. The Seminole Tribe has been offering the high-stakes games, called Class III, with the blessing of the federal government under a deal approved by Gov. Charlie Crist late last year.

The state Supreme Court has since ruled the compact is not valid. But the state has no right to enter Seminole property without permission or to enforce its laws on Indian land, McCollum said.

"I know you can understand the frustration of a law enforcement official forced to stand by and watch illegal activities going on with impunity," McCollum wrote to NIGC Chairman Philip N. Hogen.

Under the terms of the compact, the Seminoles agreed to pay the state at least $100 million annually — money that must be returned if the gaming stops. Seminole lawyer Barry Richard this week acknowledged the compact is no longer valid, but said the games and payments should continue until there's a final resolution.

The Seminoles are entitled as a matter of law to operate Class III slot machines because they are permitted elsewhere in the state, federal courts have ruled. But the courts and the National Indian Gaming and Regulatory Act also dictate that that no Class III gaming can be conducted without a valid compact.

The tribe and state unsuccessfully negotiated for 16 years until Crist brokered a deal.

Because the state and tribe are each sovereign, they can't sue each other in any court. Only the NIGC has the power to regulate or halt gaming on tribal lands.

"We are reviewing the letter and looking at the situation to see what should happen next," said NIGC spokesman Shawn Pensoneau.

John Holland can be reached at jholland@SunSentinel.com or at 954-385-7909.