Indian Gaming Regulatory Act could be too vague

Florida Legislature goes on the attack

The negotiations between the Seminole Tribe and the Florida Legislature appear once again to have stalled. It is the second time that a gaming compact signed between the Seminoles and Florida Governor Charlie Crist has been rejected by state lawmakers. House Speaker Larry Cretul has written to the National Indian Gaming Commission (NIGC) requesting that the Seminole casino operation be fined US$25,000 for each violation of Florida law banning banked card games, which could amount to US$350,000 a day.

The Seminole lawyers argue that they can continue to operate the card games as the compact was validated by its publication in the federal register in January last year. The tribe says as a sovereign nation it would refuse to pay the fines. The NIGC could be in an awkward position as the Indian Gaming Regulatory Act is vaguely worded and although the Commission has the authority to shut down gaming activity, a costly and lengthy legal battle could ensue.

Governor Crist has yet to abandon hope that a compromise between the state and Tribe can be reached. Despite the assertions from House members that there are larger considerations than just money, the main disagreement is of course about that. The Seminoles will not pay the large amounts expected of them from their highly lucrative gaming business without gaining exclusivity for their card games. Meanwhile Florida Legislators continue to argue and banked card games continue to flourish at the Seminole casinos, with the money flowing only in one direction. (E-10.22.09)

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