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Petition On Invalidated Gaming Agreement Rejected

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The Tampa Tribune

Published: 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."

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