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Florida Asks Feds To Halt Seminoles' 'Illegal' Gaming

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By CATHERINE DOLINSKI | The Tampa Tribune

Published: September 19, 2008

Updated: 09/19/2008 01:42 pm

TALLAHASSEE - Attorney General Bill McCollum has written to federal authorities asking them to force the Seminole Tribe to stop offering gaming at their casinos that is illegal elsewhere in Florida.

This month, the Florida Supreme Court invalidated the state's gaming compact with the Seminoles that would have allowed the tribe to offer high-end slots, blackjack and table games and give the state a slice of the profits. The state House of Representatives had filed suit, arguing successfully that Gov. Charlie Crist lacked the authority to enter into the compact without legislative approval.

After the court's decision, Barry Richard, attorney for the Seminoles, said the tribe would continue offering the games unless federal authorities ordered otherwise. The tribe's activities are regulated by the National Indian Gaming Commission, which was established as part of the U.S. Department of the Interior by the Indian Gaming Regulatory Act on 1988.

McCollum, who failed in January to stop the compact from taking effect, is asking commission Chairman Philip Hogen to halt the Seminoles' expanded gaming. In his letter to Hogen, McCollum noted a court statement by the Interior Department that, if "the Governor of Florida is determined by the Florida Supreme Court not to have the authority, the compact is not entered into" and therefore void, so far as the federal government is concerned.

According to its "government-to-government policy," the commission "will honor and respect the provisions of Tribal-State Class III Gaming Compacts that are duly approved by the Secretary of the Interior and, in effect, or, in the alternative, Federal Class III tribal gaming procedures approved by the Secretary of the Interior, in lieu of a Tribal-State Compact, pursuant to IGRA and Department of Interior regulations." Class III games are typically those found in casinos.

Florida "is in the untenable position of having a tribal gaming operation, which everyone acknowledges is unauthorized, ongoing without the jurisdiction to stop the illegal activities," McCollum wrote to the gaming commission. "As the regulatory official holding the power to enforce this law, the Chairman should take action immediately to see that the Tribe ceases its illegal activity until a valid compact can be consummated with the State of Florida."

Commission officials said this morning they have received McCollum's letter and were reviewing it.

"Right now, we're looking into the issues it raises," said Shawn Pensoneau, a commission spokesman.

Beyond that, Pensoneau said the commission had no comment.

Shane Wolfe, an Interior Department spokesman, had no immediate comment this morning on whether officials in the Bureau of Indian Affairs had received McCollum's letter or the issues the letter raises.

The department and state negotiate the rules of the compact.

Gina Morales, spokeswoman for the Seminole Hard Rock Hotel & Casino in Tampa declined to comment on the Tallahassee developments, referring questions to Richard.

Reporter Billy House contributed to this report. Reporter Catherine Dolinski can be reached at (850) 222-8382 or cdolinski@tampatrib.com.

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