Federal Agency: Poarch Creek Gaming Is Legal

March 23, 2011

The federal agency that oversees Indian gaming in the country has responded to Alabama Attorney General affirming that electronic bingo is legal on Poarch Creek Indian tribal land.

In a letter to Attorney General Luther Strange and Gov. Robert Bentley, the National Indian Gaming Commission said Poarch Creek facilities, including Wind Creek in Atmore, can offer electronic bingo since it is legal to play paper bingo elsewhere in the state.

“So long as a state permits the game of bingo, regardless of the state’s definition of the game, an Indian tribe within that state may also play bingo as defined in IGRA (Indian Gaming Regulatory Act),” Tracie L. Stevens, chairwoman of the NIGC stated in the letter. “Tribes are not bound to state definitions of the game of bingo. If a state permits paper bingo only, as Mr. Strange represents Alabama does, a tribe within that state may play electronic bingo so long as it otherwise meets IGRA’s Class II gaming definition.”

The federal agency issued the letter in response to a claim by AG Strange that electronic bingo was prohibited in Alabama.

“I would also ask that any regulations make clear that the mere fact that traditional bingo is allowed in certain parts of this State does not mean that “electronic bingo” is legal on Indian lands in this State,” Luther Strange said  in a letter to the National Indian Gaming Commission (NIGC) in February.

“I urge you to make clear that Native American Indian tribes located in Alabama cannot engage in gambling activities that are patently illegal under Alabama law,” the AG said.

Comments

12 Responses to “Federal Agency: Poarch Creek Gaming Is Legal”

  1. Atown101 on March 26th, 2011 10:52 am

    Unemployment is already a problem. Why are you two knuckleheads trying to add to it. How about trying to solve some real problems in Alabama and stop adding to them. We lost the tanker deal, now you want to lose Indian gaming.

  2. vicky on March 24th, 2011 1:42 pm

    so glad !! really didnt want look for another job! the indians treat their employees very well!!!!

  3. Lucy on March 24th, 2011 11:26 am

    It is time for an end to this. How about just letting the people of Alabama vote on this once and for all. This state needs the jobs and revenue. So just stop wasting the taxpayers money fighting this. Just get with the program!!!!!

  4. David Huie Green on March 24th, 2011 11:18 am

    REGARDING:
    “- – - we need more federal laws on the books and fewer individual state laws…it would certainly be less confusing going from state to state if we had federal laws over state laws that change from state to state”

    It would indeed be less confusing if states weren’t allowed to make their own laws concerning state matters. Basically it would do away with states altogether.

    It would also be a violation of federal law, specifically the Constitution of the United States which gives certain specified powers to the federal government and reserves the rest to the states.

    So if you want to do away with the power of the states to make their own laws, you first need to throw out huge chunks of the Constitution. This would require an impressive amendment.

    To propose your amendment, you would need two-thirds of both houses of Congress to vote to propose it, or two-thirds of the state legislatures to ask Congress to call a national convention to propose it. (Since doing away with states would also do away with the Senate, persuading them would be interesting.)

    And then to ratify your proposed amendment you would need three-fourths of the state legislatures to approve it, or ratifying conventions in three-fourths of the states to approve it. (just in case the legislatures didn’t agree they should also be eliminated but the people did)

    Lots of luck. Just please remember all laws should written as if they will be enforced by your worst enemy, because at some point they probably will.

    David doubting we need more laws
    or more powerful, distant government

  5. James Broel on March 23rd, 2011 11:05 pm

    Reanna, all the more reason we need more federal laws on the books and fewer individual state laws…it would certainly be less confusing going from state to state if we had federal laws over state laws that change from state to state.

  6. The Truth on March 23rd, 2011 9:56 pm

    I love my trips to Windcreek. These people are extremely nice and give back to the community. Government leave the nice establishments that do not bother anyone alone….go after the real criminals…the government officials. When is the last time the government ever gave anything to our communities??

  7. Sam on March 23rd, 2011 3:55 pm

    Yahoo! Great news for all those employees and their families!! Time for ALABAMA to wake up and agree to a compact with the Tribe to offset all of the budget issues in the state.

  8. Katie on March 23rd, 2011 3:48 pm

    All I see AG Strange and The new Gov. are doing is upsetting the Indian Tribes in Alabama. The best thing to do is make it legal so that the whole state benifits from it. Gaming in Alabama isn’t going anywhere, All the AG is doing is wasting more of the tax payers money. Since Alabama is so broke, Where is all this money coming from to fight gaming in Alabama? Strange needs to stop wasting money we (Alabama) don’t have and start going after the real crooks.

  9. reanna on March 23rd, 2011 3:22 pm

    Federal law trumps state law.

  10. momto2wonderfuldogs on March 23rd, 2011 3:14 pm

    thank goodness…so many jobs would be at risk if they clsed it down. Don’t know why the state is so against gambling, people do it all day everyday somewhere. Atmore may as well get the money they are going elsewhere to spend. I agree with an above poster…there is so much other bas stuff going on in our world….why worry about people spending their money on what they want…if they want to gamble with it, they earned it, let em do it!

  11. atmore on March 23rd, 2011 9:46 am

    I will be so glad if this is ever really dropped…leave them alone and worry about people who are out there doing bad things!!! geeze this aggrevates me!

  12. art on March 23rd, 2011 6:15 am

    attorney general strange needs to butt out of poarch creek indians affairs once and for all.

Written by William Reynolds · Filed Under News