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The Issue Behind the Supreme Court Decision to Invalidate the Seminole Gaming Compact

On July 23rd, 2008, the Florida state Supreme Court issued a decision that Governor Charlie Crist has surpassed his authority by approving the gambling compact with the Seminole Tribe which allowed the tribe to offer Class III slot machines and card games like blackjack which is considered illegal in other parts of Florida in their gaming facilities like the Seminole Hollywood Casino.

The July 3rd, 2008 majority decision was released two weeks after the Seminole Tribe debut blackjack, baccarat and other cards at their Seminole Hard Rock Hotel and Casino in Hollywood, Florida. The decision has invalidated the gambling compact accomplished by Governor Crist and the Seminole Tribe on November 2007, which allowed the tribe to pursue casino card games that are otherwise not permitted in other parts of Florida. The recent decision of the Supreme Court is the latest development in the Seminole Tribe's sixteen year quest to get the green light to feature Class III games to their 7 casino establishments-a plan that has been stopped by four different governors and the Florida legislature.

Crist approved the gaming compact before the November 15th, 2007 deadline set by the Interior Department for Florida to form a gaming compact with the Seminole Tribe or the department will allow the tribe to offer slot machines but not card games like blackjack and Florida will not receive any part on the profits. The 25 year gambling compact gives the Seminole Tribe the sole right to offer card games and gives Florida a cut of $175 million the 1st year, $150 million for the next 2 years and $1 million a year after. The Seminole Tribe has already given $50 million to Florida.

Gary Bitner, the spokesperson of the Seminole Tribe said that they will continue to offer blackjack for the moment. The decision by the Supreme Court is not yet final until the court decides on the appeal for a rehearing. The tribe said that it will depend on the final decision of the Florida state Supreme Court if they will seek the opinion of the U.S. Supreme Court. The tribe added that they are under no obligation to immediately halt their card game operations.

In its decision on whether the governor had any power to approve the compact without consulting the legislature, the Florida Supreme Court examined the case law for precedents and found several examples in state and federal cases that said that governor has power to negotiate a gambling compact but not to enforced it, which is the job of the legislature. But Justice R. Fred Lewis, who agree with the decision in result only, said in an opinion that the governor is constitutionally allowed to act in difficult situation like the gambling compact where the legislature has failed to take action for a long time and made a situation for the citizens and the state difficult.

He added that in an effort to protect the state from that the results of the federal Department's statement that it would permit the tribe to conduct Class III games (which the state would not receive any profit and have no control over the gambling operations of the tribe) and the pending legal case, the Governor decided to negotiate a compact. Under these circumstances, Governor Crist's action is deemed necessary to protect public interest.

 

Thursday, August 21 , 2008
Edward O'Connor