Nov
17
2010
In the latest issue of Casino Enterprise Management, former NIGC attorney Richard Schiff lays out the effect of the U.S. Supreme Court's decision in Seminole Tribe (Seminole Tribe v. Florida, 517 U.S. 44 (1996)), as well as the CRIT case out of the D.C. Circuit (Colorado River Indian Tribes v. NIGC, 466 F.3d 134 (DC Cir. 2006)) on federal regulation of Indian gaming. The article, provocatively titled, "The Illusion of Regulation in the Indian Gaming Industry," calls for Congress to "fix" Seminole and CRIT.Seminole
Crist Signs Compact with Seminoles in Florida
Apr
29
2010
Florida Governor Charlie Crist has signed into law the renegotiated compact with the Seminole Indian Tribe. The compact had been approved by the Florida state legislature. Its terms, described in earlier posts, give the Tribe exclusive rights to table games at some of its casinos, and the right to operate slots at all of its casinos. In exchange for the promise of exclusivity, the Tribe will pay the state some $1.2+ billion in the next five years.
Update From Florida: House and Senate Approve Compact
Apr
20
2010
Yesterday, the Florida state house approved the latest version of the state's compact with the Seminoles. A few days earlier, the state senate had voted in favor of the compact as well. By a vote of 29 to 9 in the Senate and 74 to 39 in the house, the state legislature gave its "thumbs up" to the Seminoles' exclusive right to operate table games at three of the tribe's casinos and slots in all of its casinos, in exchange for revenue-sharing payments to the state expected to reach as much as $1.5 billion over five years. The compact still needs to be signed by Gov. Crist, who, as the state negotiator of the new compact, is sure to do so shortly.Agreement in Florida?!?
Apr
6
2010
Looks like we've got a[nother] compact in Florida! But is it a good one?Any compact in Florida is a good compact. At least, that's our thinking as we near 20 years of controversy over tribal gaming in the state. This latest compact, borne out of the necessity of the Florida Supreme Court's invalidation of the existing compact, seems to strike a balance between a benefit to the state in the form of revenue sharing, and a benefit to the tribe in the form of exclusive gaming rights throughout the state. It's not all wrapped up in a ribbon, though -- it still needs to be approved by the state legislature, but insiders are optimistic.
A "Switch in Time to Save the Dime" in Florida?
Feb
8
2010
Constitutional law students will remember the "switch in time that saved the nine" -- the U.S. Supreme Court's abrupt turn-around on its approach to federal economic legislation in the 1930s that staved off FDR's efforts to pack the Court with additional justices who would support his "New Deal" legislation. Are we seeing a "switch in time to save the dime" on gambling policy in Florida? The state legislature has obstructed efforts to reach a new compact with the Seminoles, but the legislature's anti-gambling stance may give way to economic pressure.Perspectives from Florida
Jan
27
2010
An editorial in the Tampa Tribune takes Florida's legislature to task for failing to approve the revised compact negotiated between the Seminoles and Gov. Charlie Crist. And rightly so -- as we've said numerous times, Florida's continued obstructionism flies in the face of IGRA's requirements and Congress's intent, not to mention tribal sovereignty and respectful government-to-government relations.But it seems to always be about money, rather than legal duties, mutual respect, or even what's right.
Florida Legislature Rejects Compact
Jan
15
2010
A special committee of the Florida House of Representatives rejected the new compact negotiated by the Seminoles and Gov. Crist. The decision marks a possible turning point in Florida tribal-state politics. Up until now, the tribe has been open to renegotiating what, at least arguably, should have been a done deal -- the long-delayed and duly-entered-into compact that was called into question by the Florida Supreme Court.