Interesting!

AG files lawsuit to shut down Indian casinos

Written by Gannett News Service Feb 19, 2013

Alabama Attorney General Luther Strange filed a lawsuit in Elmore County trying to shut down what he argues are slot machines at the three casinos operated in the state by the Poarch Band of Creek Indians.
While Strange quickly points out that state authorities do not have jurisdiction on tribal land, he argues that the Poarch Creeks are not following state gambling laws and that the “continued operation of unlawful gambling devices by defendants is a public nuisance” that should be stopped by the court.

The Poarch Creeks, in a statement sent out Tuesday afternoon, said the lawsuit has no legal merit.

“As a federally recognized sovereign Indian nation, Poarch Creek’s land is governed by federal, not state law,” according to the Poarch Creek statement. “While we respect Mr. Strange’s attempts to fulfill his duties as state attorney general, he is not a federal official and therefore, has no jurisdiction or enforcement authority over tribal land or tribal gaming operations.”

The Poarch Creeks argued the machines are electronic bingo, which is Class II gambling, and are legal under federal law.

“While Mr. Strange may target VictoryLand and any other gaming facility in the state, this lawsuit against Poarch filed in circuit court is yet another example of Mr. Strange refusing to recognize the sovereignty of the Poarch Band of Creek Indians,” according to the statement from the tribe.

If there is Class II gambling in a state, American Indians are allowed to have the same class, which by federal regulations includes electronic bingo, on their lands. But Strange and others argue the machines are slot machines, which are not Class II.

The state filed the lawsuit against members of the Poarch Creek Tribal Council and against members of the tribal Gaming Authority. The Poarch Creeks operate casinos in Wetumpka, Montgomery and Atmore. They are in the midst of a $246 million expansion of the casino in Wetumpka, adding a 20-story hotel and casino that is scheduled to open in January 2014.

Strange’s office argues the Poarch Band is “operating, advancing, and profiting from unlawful gambling activity at the Creek Casino in Wetumpka, the Wind Creek Casino in Atmore, and the Creek Casino in Montgomery in violation of Article IV, Section 65 of the Alabama Constitution (1901) and Ala. Code § 13A-12-20 et seq.”

State authorities, led by Strange’s office, served a search warrant at VictoryLand on Tuesday and seized hundreds of machines and an undisclosed amount of cash.

Joe Espy, attorney for VictoryLand and casino owner Milton McGregor, said Tuesday that the “lawsuit against the Poarch Creek Indian casino filed today is a smokescreen and a waste of taxpayer money.”

“As he knows, the Alabama attorney general has no jurisdiction over Native American gaming,” Espy said following the law enforcement action at the Macon County casino. “In the short term, all this is going to do is send the customers of VictoryLand to the Poarch Creek Indian facility in Wetumpka.”

Strange said in his statement that he decided to file the lawsuit after other efforts to stop gambling activities by the Poarch Creeks failed and because state law enforcement could not seize machines on reservation land.

“Unlawful gambling is a statewide problem, and I have worked with local authorities to enforce Alabama law consistently and fairly throughout the state,” Strange said. “I have sent two letters to the National Indian Gaming Commission, asking them to stop the Poarch Band’s unlawful gambling, but the commission has refused to do anything about it. The commission’s inaction has left me with no choice but to file this lawsuit.”

Strange sent letters to the National Indian Gaming Commission on Feb. 11, 2011, and on April 25, 2012, asking the commission to take action to stop the use of what Strange and his office believe are slot machines, which are illegal in Alabama, at the Poarch Creek casinos. Others argue the machines are electronic bingo machines that are legal in the state.

“I have lobbied Congress to stop the expansion of Indian gambling to new areas, and I have filed a brief in the Alabama Supreme Court to oppose the Poarch Band’s efforts to use its land for gambling,” Strange said. “As I have said many times, my office will use every tool at its disposal to stop illegal gambling in Alabama, wherever it is located. This lawsuit against the Poarch Band is one of those tools.”

http://www.pnj.com/viewart/20130219/NEWS/130219006/AG-files-lawsuit-shut-down-Indian-casinos