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Alabama AG Files Suit Against Poarch Creeks To Shut Down Casinos (With Poarch Response)
February 19, 2013
Attorney General Luther Strange today announced that he has filed a lawsuit to stop the operation of slot machines at casinos owned by the Poarch Band of Creek Indians.
The lawsuit was filed Tuesday morning in the Circuit Court of Elmore County against PCI Gaming Authority and the individual members of the Poarch Band’s Tribal Council and Gaming Authority in their official capacity. Although state police officers cannot enforce state law on Indian lands by executing a warrant to seize unlawful devices, the lawsuit contends that the Poarch Band still has an obligation to comply with state laws that prohibit slot-machine gambling. The lawsuit alleges that the Poarch Band is “operating, advancing, and profiting from unlawful gambling activity at the Creek Casino in Wetumpka, the Wind Creek Casino in Atmore, and the Creek Casino in Montgomery in violation of Article IV, Section 65 of the Alabama Constitution (1901) and Ala. Code § 13A-12-20 et seq.” The lawsuit further alleges that the “continued operation of unlawful gambling devices by Defendants is a public nuisance” that should be enjoined by the court.
Attorney General Strange said that he decided to file the lawsuit after his other efforts to stop the Poarch Tribe’s gambling activities failed and because state officers cannot seize gambling devices on Indian land. “Unlawful gambling is a statewide problem, and I have worked with local authorities to enforce Alabama law consistently and fairly throughout the state,” Strange said. “I have sent two letters to the National Indian Gaming Commission, asking them to stop the Poarch Band’s unlawful gambling, but the Commission has refused to do anything about it. The Commission’s inaction has left me with no choice but to file this lawsuit,” Strange said. Attorney General Strange sent letters to the National Indian Gaming Commission on Feb. 11, 2011, and again on April 25, 2012, which asked the Commission to take action against the Poarch Tribe.
Attorney General Strange noted that the lawsuit is consistent with other actions he has taken with respect to Indian gambling. “I have lobbied Congress to stop the expansion of Indian gambling to new areas, and I have filed a brief in the Alabama Supreme Court to oppose the Poarch Band’s efforts to use its land for gambling,” Strange said. “As I have said many times, my office will use every tool at its disposal to stop illegal gambling in Alabama, wherever it is located. This lawsuit against the Poarch Band is one of those tools.”
In 2012, Congress was considering proposed legislation that would have overruled Carcieri v. Salazar, 555 U.S. 379 (2009), a U.S. Supreme Court decision that limited the Secretary of Interior’s ability to set aside land for Indian tribes to use for gambling. Attorney General Strange requested that Alabama’s Congressional delegation oppose the proposed legislation and co-sponsored a letter from 13 state attorneys general to Congress in opposition to it. Attorney General Strange also filed a brief in the Alabama Supreme Court that asked the Court to apply the Carcieri decision to the Poarch Tribe. The brief was filed in Jerry Rape v. Poarch Band of Creek Indians et al., No. 1111250 (Alabama Supreme Court).
Comments
93 Responses to “Alabama AG Files Suit Against Poarch Creeks To Shut Down Casinos (With Poarch Response)”
Hooray for the native American! The Alabama AG doesn’t think that they have been wronged enough by the government, be it state or federal? Leave them alone bully!
Is everyone aware that the people that WON’T work and get these EBT cards can go to the casino (and I am sure anywhere else) and get cash off these cards??? This free money is NOT used to help the needy… It is used so they can lie about their income and sit on their butts at home.. Then go gamble and do whatever else they do with the money that we actually get up everyday and go to work to send them…
Mr. Strange how about leaving the casinos alone and thank them for creating jobs (for those that do want to work and not leach off of society) and thank the Creek Indians for being so generous with their profits by helping out the schools, the community, etc…. How about concentrating on gaining control of making people get out and find a job and not freeloading off those of us that do work…
I want to make this very clear to anyone that reads this….. THOSE PEOPLE THAT GET EBT CARDS FROM OUR STATE THAT THE WORKING PEOPLE PAY IN AS TAXES EVERY WEEK CAN GO TO AN ATM MACHINE AND GET THE CASH OFF OF IT…. UNBELEIVALBE!!! ANY PLANS ON DOING SOMETHING ABOUT THAT MR. STRANGE???
Thank you David! That is the point I was trying to make. Alabama has NO RIGHT to tell native Americans living on “Federal Land” what they can and cannot do!
Much like states cannot really tell the federal government what laws they will abide by. Example: Colorado and Washing have legalized marijuana, but it is still against federal law! California has already experienced this with all the federal raids of their “state legal” marijuana dispensaries.
Haven’t read any of the comments yet, but it looks like the lawyer for the state of Alabama doesn’t understand federal land is beyond the jurisdiction of the state. Alabama can not tell people in other states and territories what to do, that’s a federal matter. You would think they would’ve covered that in law school.
Note: this has nothing to do with the fact that gambling is foolish but voluntary.
David for better lawyers
The Department of the Interior is to Blame for all these Indian problems. If we had left those people to their natural state these problems would not exist. We brought the Creeks into the twentieth century and exposed them to all these modern influences, corrupted them. We ruined those people and now we are paying for our mistakes.
We can argue different points of view from now on, but the fact remains that this case is now going to be decided in a court of law.. I am not taking sides, because I do not gamble, and what someone else wishes to do with his/her money is strictly up to them.. I do know that both sides are going to spend a lot of money on this pending litigation, and that will cost the Alabama tax payers, as well as the tribe of which most members pay Alabama tax.. As far as these machines being class II or class III, I have no idea and the only word I keep hearing is similar.. I am afraid a lot of money will be spent that could be better used in other areas, and when the verdict is in, hardly anyone will be satisfied..
The argument of “Natives vs Europeans” (cleaned up the racial tone there) is really one I wish we could get past. A few words on the matter:
A little more recently and half a world away, Israel and Palestine; I’d love to hear some ideas about those natives.
We’re all from Africa or Eden (depending on your history) making “native” rather subjective. Who got where first doesn’t really matter all that much.
On a personal level I have to ask another question. Should that part of me which is Native American be offended by that which is English, itself questionably offended by that which is German, Latin, Celtic, or any number if other equally independent peoples that make up my ancestry? Can I only pick one or can I just be offended by everyone for good measure?
Mark, this has nothing to do with the fact that the native Americans were invaded by a hostile force and defeated in the ensuing conflict. This has to do with the law as it is today. While you may wish to turn the topic to your personal belief that cultures should never have land disputes or wars for any reason throughout history and that any civilization throughout the world should return any territory gained through armed conflict to the original inhabitants, I choose to focus on the topic of the article which is a possible violation of the law as it is today.
I’m certain that native inhabitants feel like they got the short end of the stick on this one. I will point out that Europeans don’t have the market cornered on war or bloodshed and that throughout history groups have fought other groups and taken their lands. This almost certainly includes native tribes conquering other native tribes here in this land. It isn’t pretty but it is human nature.
Amazing Bogian, how you completely skirt the issue of the legality of the white man dictating to the “Native” what laws they have to abide by.
Hmmm, let’s take a few thousand Americans over to some other country, and tell them “We’re taking over, you have to abide by our laws now. Oh, and you have to live on this little piece of land that we have been so generous to give you.”
The American Indian has been completely screwed by us, and you Bogian, are just advocating screwing them some more. Shame on you!!
Memyself, the point of the controversy is that the attorney general is claiming that the machines, which PCI represents as legal class II machines, are indistinguishable from the prohibited class III machines.
So to answer your presumably rhetorical question “whoever said they was class 3 [machines]?” Well, the answer is Luther Strange. Luther Strange says that these machines are in fact class III machines. The issue then is whether these machines are really class II or class III machines. If they are class III machines, the tribe, at the direction of federal law, will have to abide by the state prohibition on class III gaming.
I suggest you take your own advice and “get it right next time before you make a comment.”
Hey Bogian look this up cause you dont know what you talking about. Look up Class 2 machines cause that is whats in the Wind Creek Casino and they are legal…who ever said they was class 3…Nobody!!!!….get it right next time before you make a comment. And by the way Alabama dont have enough money even to fight a legal matter like this it will take so long wrapped up in court that they will go under..then lets see who bails them out PCI not MR. STRANGE!!! They need to leave it alone and put their time into the real criminal..and make Alabama a place that people want to come to vacation not to get robbed or killed because they cant find a job…aleast the casino does provide that much for Atmore cause the state of Alabama can care less for the hard working people that live here..I say Poarch fight it to the end cause everybody has their views on this matter but at the end of every shift them workers that you provide jobs for can go home knowing that they can pay there bills and put food on their table. And that cause PCI cares and wants to help!!!
GOOD! I hope that Casino folds! If Luther Strange doesn’t get them… the Oklahoma indians are still coming after them. And for the people that say the casino has given back to the community of Atmore… well they better since the working class people of Atmore and many other cities provided food stamps and welfare for those low lifes for many years. It really doesn’t matter… when the dollar crashes the casino is going with it. Go Luther Strange!!!
Leave them be and tax their gross at a normal 35% and I will asure it will amount to more than the small penance they hand out around the community.
25 U.S.C. 2710 is the statute that instructs tribes to follow state law regarding gambling. Yes, the tribes are governed by federal law. In this instance, federal law cites state law as controlling tribal behavior.
Bama54, I am sorry to inform you that you are incorrect. The tribe is governed by the State in this matter. Don’t believe me? I’ve gone to the trouble of looking it up for you.
This was taken from the National Indian Gaming Commission website. They probably know what they are talking about.
http://www.nigc.gov/Laws_Regulations/Indian_Gaming_Regulatory_Act.aspx#2710
I’ll direct your attention to section 2710(d). What does it say? This:
(d) Class III gaming activities; authorization; revocation; Tribal-State compact.
(1) Class III gaming activities shall be lawful on Indian lands only if such activities are–
(A) authorized by an ordinance or resolution that–
(i) is adopted by the governing body of the Indian tribe having jurisdiction over such lands,
(ii) meets the requirements of subsection (b), and
(iii) is approved by the Chairman,
(B) located in a State that permits such gaming for any purpose by any person, organization, or entity, and
(C) conducted in conformance with a Tribal-State compact entered into by the Indian tribe and the State under paragraph (3) that is in effect.
What does it mean? It means that if the State says that Class III gaming isn’t allowed, the Indians can’t run Class III machines. The attorney general says that Wind Creek is running Class III machines. If that is the case, your Federal Government says that the Indians have to abide by State law.
Any other questions?
We white folks , stole the land from the Indians then put them on a reservation and now Mr Strange wants to interfer with their $$$ and what they do with it. They help the Local Schools and economy. LEAVE THEM ALONE.
@Bogian
WAIT! WAIT! WAIT!!
Who are YOU (or WE for that matter) to tell the PCI what they can and cannot do. This was THEIR land that WE took away from them, but nobody cares about that, because we got what we wanted, and gave them all a little hunk of land to live on.
If they want to do human sacrifices, they should be allowed to! (OK a bit much but you get my point)
How does a thief dictate to a victim how they live their life? SCREW the state laws! If the PCI want to grow and smoke pot, so be it!!
When are people going to get it through their think skulls that this is THEIR country! We just STOLE what we wanted!
Remember, native Americans are the only TRUE NATIVE AMERICANS.
.To Bogan: The PCI are governed by the Federal Gov’t not the State!! The PCI have rules they have to go by and are enforced by the Federal Gov’t according to gaming issues!! If the Federal Gov’t comes to the PCI and said shut it down, then they would have to abide by those orders. As long as the PCI work within the rules set by the Federal Gov’t they should be ok to continue with the casino operation. You have a couple of what if’s!!! Most people contribute to society in a positive way, like anyone you will have the corruption, but I fill sure we have enough good people running the PCI gaming in Alabama to keep this to minimum.
I’m actually glad to say this . . . . conservative politicians AGAIN trying to dictate morality and AGAIN on the wrong side of history.
Wake up people, 9 of the 10 poorest states in the country (Alabama #9) are in the south yet you continue to elect wealthy conservatives to office that work contrary to the needs of everyday people so its doesn’t matter if a Republican or Democrat is in the White House, you’re still losing.
One of the few industries in this area and this guy is gonna shut it all down . . . . and with all the talk on this subject, not one of you mentioned the obvious, his political affiliation! He’s a Republican Attorney General along with a Republican Governor . . . . stop catering to these fools and move into the new century!
RE: Sickofhearing on February 20th, 2013 10:55 am
“As far as the Casino goes..no one tells anyone where and how to spend their money…”
Actually, Federal Law states that revenue from Tribal Gaming is to be used for the benefit of that Tribe. Benefits for Tribal Goverment Operations, Tribal Programs, Education, Social Services, Mental Health, etc etc. So yes, Uncle Same is telling PCI how to spend the revenue.
Furthermore, for determining who actually was/is buried there, it doesn’t matter what the race is, it is still wrong to desecrate someone’s loved ones from the past just to build a casino.
Attorney General Luther Strange get a LIFE!
So I’m seeing plenty of resounding support for PCI without any of those supporters addressing the points that R. Shackleford made regarding the Tribal/State gaming compact. I can only take that to mean that this support is without regard to the illegality of the actions of PCI.
What if PCI decided to start growing and selling marijuana?
What about making meth?
Cocaine?
What if they had prostitution?
If you want jobs, I promise you that any or all of these activities will bring jobs and major dollars to Atmore. I also guarantee you that the Attorney General would have a major problem with any of those activities. Would those of you who support these possibly illegal slot machines solely on economic grounds be as vigorous in your support? What if it meant new ball fields? A new community center? Major donations to local schools?
If you concede that you don’t care whether these machines are legal or not, where is the line?
Don’t get me wrong. I don’t really care how people lose their money. However, I do care about the government extending monopoly privileges to an organization that appears to be skirting the rules.
For anyone who doesn’t support or like the casino, you need to LEAVE Atmore. The Creek nation has supported this town in so many ways it’s not even funny. If you have children/grandchildren etc that attend school here or the YMCA or any other organization they have supported, you should be ashamed for saying that they need to close it. If it weren’t for them, this town would probably be off the map by now. There are a lot of people in this town that are decent, HARD WORKING people and thye love this town. I’m talking about the people that actually get out and work and don’t sit home drawing checks off of the govt….and the ones that DO work, include the Poarch Creek Indians….and by the way, I’m not a native american, so I’m not taking up for them, but they have kept Atmore afloat
I am sick of hearing about Hickory Ground.You people do not even know if those people are your ancestors..There are animal remains and a mix of DNA’s from black, white and native people. Y’all had an opportunity to do whatever you wanted with that land Because Poarch gave you all the opportunity in the world to do so..No..Y’all opped out of the whole situation, and Poarch went on with their plans…and now you are mad..yet again..And here you are fighting amoung your tribe just like the white man wanted…I hope in the end that you,the warriors, can live with yourself for the inharmonic virtues you have created within our families and tribe…Tell you what..You that are getting per-capita checks from the casinos..and have free clinic visits and flex cards and a roll number and housing at low costs…GIVE IT ALL UP!! Then you can call yourself a true warrior for the cause…until then .. well hush up and fight for a real cause..CAll a DNA specialist in to review the bones…I bet only a hand full might be Native…As far as the Casino goes..no one tells anyone where and how to spend their money..WIND CREEK..more power to you and thank you for the jobs you created for the people of Atmore…Keep on ROCKIN…and I don’t care who does or does not like this comment…Get a real life…Thank you!!
That casino brings in good money in escambia county, by employing hundreds of people. When Congressman Jo Bonner came through escambia county last year I had the privilege of seeing unemployment states for the surrounding counties, and escambia was the only county better on unemployment. The contributing factor was the casino. I don’t necessarily agree with gambling but if the casino wasn’t open here people would find another casino in other states to spend their money, not to mention lay a lot of people off. We need to be looking at the bigger picture people, but no one wants to see that.
One more…
I, for one, will not be supporting PCI, until the remains of the 57 original Creeks that PCI dug up in their Casino Expansion are returned back to where they laid. It’s not the Native way to desecrate your ancestors in the name of Greed.
[R. Shackleford on February 19th, 2013 12:15 pm My take on this issue is this: The tribe employs many people....]
R. Shackleford, you are 100% correct. It’ll will all come down to the type of machines PCI have. For myself, it’s hard to see PCI making so much off of electronic bingo (Class II) machines. The only way a casino would afford to have a multi-million dollar casino and have enough to build expansions, is if they are running as a Class III (Casino Type Gambiling). PCI may claim they are running a Class II Gambling Facility, but all evidence points toward a Class III Casino Establishment.
PCI can come back and state that Alabama have no jurisdiction, but the truth is State’s have a big impact of what goes on within their State. By Federal Law, PCI is required to have the Tribal-State Compact in place for Class III Type Gambling, before business is commenced. Even if they are a Class I or II, PCI should have the common courtesy to Alabama to have a Tribal-State Compact.
PCI is not in good standing with the Tribal Nations across the US, nor are they in good standing with the State of Alabama now. Good luck PCI haha.
Those damn attorneys are always trying to ruin things. I pretty sure if the PCI employed him as their legal adviser he would be singing a different tune. I guess someone in the ” strange family ” blew their life saving. That may be why strange is going after them.
i live near the casino and i do not deem it a nuisance. a lot of us locals enjoy the things poarch has done for the community andi saw one statement on here that said they only hire indians that is not true there are plenty of whites and backs working there also. we enjoy the entertainment they provide like the concerts me and my wife go eat there from time to time they have great restaurants when we are doneeating we each take twenty dollars and play on the machines when one of us win more than 60.00 then we leave having eaten and gambled a little and having our meal paid for.
If we follow Attorney General Strange’s logic, the state of Alabama also has jurisdiction on military installations within the state.
Simple solution-ask the people of Alabama what they want to do-statewide resolution. I guess the politicians don’t want the people to have a say.
Gambling should be legal in Alabama in the same way it exists in Mississippi for two reasons:
1. The jobs, tax base and development
2. It’s grossly unfair to allow PCI to have a monopoly on gaming.
Poor people are pouring their paychecks into slot machines, children going hungry, Atmore is dying/dieing. Let me tell you Atmore is in economic trouble
and has been for a long time. I remember visiting back in 88 while on leave. A
friend and I stopped into Dog’s Tavern after a visit to Drew’s Military Surplus.
There was a lone soul sitting there that morning nursing a beer. We joined him
and I asked him what was going on around Atmore and all I heard was a tale of economic hardship and despair. I ordered him another beer, paid the tab and as we were walking out the man called out “If you are lucky enough to make it out of Atmore don’t come back, you’ll get trapped and will die here”.
The casino is a big employer for Atmore, if people are stupid enough to put all their earnings into a slot machine, they are stupid enough to blow it all on something else. Atmore was in trouble 25 years ago and it still is. Don’t blame the Creek People.
‘
If the state of Alabama wants revenue from gambling, they should start a lottery. Too much money leaves this state and goes into its neighbors coffers. At least give the citizens a chance to vote on the issue via a referendum.
I love the casino! Just wish i could win alittle money…..Only been a few times and never any luck
If we were to go back far enough in time, I bet we ALL would find out somewhere along the line that we had been treated wrongly some way or another.
Indians need to get over it and move on.
Shut down all the casino’s as far as I am concerned. The country is broke!!!
To be honest out of all those thousands of jobs that would be lost are employees are tribal members or decedents since they are allowed to be prejudiced . Im sorry if the land was taken from them but i dont believe they should be treated any differently than any one else black people were treated terrible slavery for example but tell me in case i missed something how we they repaid for generations after generations for this injustice. As for as all the donations to the schools and etc they will survive as they have before the donations and im sure a lot of u reading this think im terrible but im not just being honestabout my opinion and my Indian friends and family know how i feel about it and they all love me anyway i mean NO disrespect to anyone. And for the one comment below people go out there and drink and drive home . Please excuse any and all errors in my comment not real good at all this typing. One nation is how it should be…. maybe Mr. Obama could help change that. And one more thing its not bingo that is just crazy
The casino harms no one. It does not take money out of a Families pocket.
Irresponsible adults do that by not being mature enough to not gamble, if they cannot afford to do so.
Simple solution: If you can’t afford to pay necessary bills to support the household, stay out of the casino.
For those of you that continue to say that the Indians are not beholden to State law, I pose the following question: Why haven’t these casinos installed card and crap tables? Is it because those games don’t make money? I doubt that. The reason is because the Indians legally can’t. If the Indians were truly outside if State law, they would be able to run a Vegas style operation. They aren’t running a Vegas style operation because they know it would be against State law. It speaks for itself.
Come on Luther you can’t be stupid enough to fight city all! These Indians are protected and you are wasting money!!
let em gamble if they want to throw money away.
You should be giving money to church’s instead
Govt stay out of it.
I see two issues with this. One, everyone that has been to the casino knows that when you put money in and pull a handle this has nothing to do with bingo. It is a slot machine pure and simple. Two if they can use this machine and it is legal, everyone in the state should be able to purchase and use these machines . It should be legal for everone or illegal for everyone.
The state sells whiskey through ABC,allows doctors to hand out narcotics left and right. But if you were to ask for medical marijuana, or a scratch off lottery ticket ones deemed a gambler and a drug addict really? HYPOCRITES
To the commenter who stated that the casinos are not killing people:
Maybe not, but the casinos are taking money away from other businesses. More importantly, they’re taking food out of the mouths of children when the parents gamble their paychecks away. Just take a look at the community surrounding the casinos in Biloxi and you’ll get a good idea of what casinos really do to communities. So, gambling may not kill people, but it sure kills families and communities.
Mr. Strange should really concern himself with something other than this! The PCI casinos employ a great number of people, which in turn puts money back into the Atmore community. Not to mention, the contributions that the Indians themselves make to the community. When will these “so called” politicians “get” this? This dead horse has been beaten dead several times over! Sounds like a little bit of jealously, over the success that the Indians reap! People that are allowed inside to gamble, are full grown adults. Let them spend their money as they see fit. These Indian casinos are certainly the lesser of most evils, that we read about in the news today. I guess Mr. strange would rather that there be rampant poverty, and an increased number of people on the unemployment roll here in Alabama.
Just another attempt by the elected crooks to shake down th Poarch Creek Indians, and keep Alabama from moving ahead, this kind of backward thinking keeps Alabama’s citizens struggling, God forbid providing jobs, providing much needed revenue to local infrastructure be a bad thing. Wake up Alabama, these elected officials that YOU put in office are not looking out for your best interests. Look forward to higher taxes, no jobs, and the youth leaving this state as fast as they can when a poor state economy forces them to go elsewhere…
So this guy wants to put all these people out of job and after all the money they have donated to Atmore to keep the schools running and etc.
The Casino supports the community far better than the state or its elected officials!
Gambling is a person choice, people need to vote these do nothing state officials out. They aren’t creating jobs they are just hurting everyone else
casino makes more than enuff ,,, poor people are wasting their money , and the casino needs to kick more money into having more winners ,
It is simple enough for Mr Strange to label the Creek People as a public nuisance and not even bother to expound on his opinion. I feel he should explain his theories that he is using as an excuse to harass these people.
Perhaps Mr Strange should write a book about his dealings with the Creek People. He could title it Mein Kampf (My Struggle).
The AG needs to get over it like everyone else that has posted against the casinos. Listen closely — THE STATE HAS NO CONTROL OVER THEM!!
He should focus on the things he CAN do something about. Here is a short list of things he SHOULD put time working on getting under control: Meth-labs and Drug pushers, Murder, Car jacking, Burglary, Kidnapping, and of course bribed politicians.
And if you want to go after crimes that are directly related to sin how about Rapists, Prostitution, DWI repeat offenders, Child molestation.
Stop wasting state money on a case that has already lost before it starts. What about doing your job or quitting instead of this.
mark, you said Nothing like an immigrant telling a TRUE native American. what is a true native america? there is no such thing. there are first americans but there are no native americans.
Luther Strange actually has a point. Funny how you can hand out a few novelty sized checks and then be held forever blameless. Furthermore, it is hard to support a group that will exhume bodies from tribal burial grounds in order to expand casino operations up in Wetumpka.
I would suggest the following solution. Alabama should get real and allow Vegas style gaming in the state and watch the fools come in and fill the state coffers. Bonus points if Alabama allows any businessman to build a casino. That way people could cruise to Mobile and lose their money in a spot where people aren’t outnumbered by deer. Of course, the Indians probably wouldn’t like that too much and I’m sure they’d write enough checks to keep out any competition. Still, it would be much better than this ridiculous legal limbo where the tribe thumbs its nose at State law.
I think Mr. Stange should drive around Atmore and see what would happen if the place is closed!!!!! I go to Atmore for local shopping and the friends. If shut down MORE JOBS LOST!
I agree with Attorney General Strange…somebody is definitely being a public nuisance. It’s not the Indians, either.
You know…just because it employs thousands of people and just because they contribute money to the community, does NOT make it okay. Most of the comments today are based on greed and not moral integrity.
The PCI (nor any other race of people) should not be recognized as a soverign “nation”…we live in ONE NATION UNDER GOD and that is the United States of America…
“continued operation of unlawful gambling devices by Defendants is a public nuisance” that should be enjoined by the court.
I find this statement to be incredulous. If the casinos get shut down, and thousands become unemployed wouldn’t that be a much greater public nuisance? Seems like Mr. Strange is just interested in keeping the status quo, instead of seeing things for their possibilities. Wind Creek brings in people from all over the South Eastern region, and from all over the US to Atmore. Those people have a choice and they choose Wind Creek. If you drive by the casino where there was once just fields and an interstate, there is now business, several in fact, that would most likely decline drmatically if Wind Creek were to be shut down. The repercussions of this lawsuit, if it were to be successful would be disastrous. Mr. Strange is needs to pull is head out of the stone age, and his hands out of what ever bureaucratic back door political pot that nudged him into filing this frivolous lawsuit and open his eyes and see what a blessing it is that after all these years of dieing towns and poor disenfranchised peolple, The Poarch Creeks Indians opened these casinos and it has not only helped them but the communities as a whole.
Best way I know of to get voted OUT of office, keep up your idiotic maneuvers. Do something that matters. SHAME ON YOU.
I say move it to Pensacola Greyhound Park!! Don’t the PCI have other business, didn’t they buy the Vanity Fair building in Atmore? Let me give you a known fact for some who were “NOT” raised around the Reservation. Back in the early 60’s, the PCI did not have anything, and were not treated very well by those who lived in the local area of Atmore Community. The PCI have come a long way in providing jobs, educating their people and what I admire most is they give back to the community.
Would you like some “whine” with that cheese AG Strange?! Not getting a piece of the pie so you have to try taking food out of employee’s mouths too? In case you haven’t noticed Atmore is slowly dying and the only place to get a good job is the casino. Perhaps you should concentrate on helping increase the tourism and spending instead of crying over what you haven’t been able to stop for your own selfish reasons. Here’s an agenda for you…concentrate on the drug dealers, drug manufactures, and other crimes in that area that have nothing to do with that casino, and you just might find a nice balance. It would be called people farming, working hard, and enjoying life. You should try it sometime.
I agree with ms missy 100%…
Mr. Strange , seriously, you sound a little strange ..
An exercise in futility and a complete waste of taxpayer dollars. The AG knows full well a Circuit Court has no jurisdiction on Indian land that is sovereign, only a Federal Court has authority. I am sure the Judge will just throw it out. Maybe the AG should turn his attention to real criminals and crime.
The State knows they can’t shut the Inidan Casinos down — they are just trying to put pressure on the Tribe to give the State a cut of the revenues…just like Florida did with the Seminoles when they implemented Class 3 gaming in their facilities.
It’s all about the State wanting some of the profits — nothing more!
Crying over spilled milk but the glass is full ,that’s what wrong with the government today we as the government need to make it better,not screw things up worst.
My question is how many more people have to be unemployed just because someone in the government can’t get rich? Last time I checked this Tribe donates a lot of money to charities and places like the local hospital. If they shut them down not only are there going to be a lot of employed, but I bet donations will stop, due to the lack of money.
The Atty General Strange needs to go after people who are doing much worse things.
We must never sacrifice our soul at the altar of greed or money. The only argument posted here in favor of the PCI gaming is that it has supposedly brought jobs, etc. Has anyone thought about the untold money it has robbed and taken from those who could least afford it and the families it has destroyed and with it the number of people who have lost their jobs due to gambling addiction? Add to this the cost of all the added and needed police and security due to the crime it creates. Also add to this the corruption it breeds in the system and to society itself. What is foolish is trusting in a corrupt and evil practice to “save” your city, community, etc. This area would be much better served with having invested all the millions it has into this to bring legitimate businesses and corporations and industry.
This is ridiculous! Next thing you know, the Government will try to destroy all Native American’s, take their homes, etc..
Oh wait!
If they can’t seize the machines it is because they know the government recognizes the Poarch Creek nation as a sovereign nation and thus they can’t stop the gambling either. What a waste of Alabama’s money.
To Mark:
True, true, true.
There is no way to convince me that it is any other reason than the state wants a cut of the money.
I say shut it down! Gambling is such a good way to spend your money. All it is is a progressive tax.
They need to get off it, that casino is what keeps our local people employed and feeds families and helps other businesses including hospitals and schools. Good grief !
What a joke!!! This moron is costing us dollars to fight something that geneates jobs and income for our people. Has this idiot taken into account the amount of money give to the local schools. Has he even considered the number of jobs he is putting in jeopardy. Once again, a public servant showing his ignorance.
My take on this issue is this: The tribe employs many people, created/expanded local businesses/city governments associated with it, is very generous to the local community and has advanced many of it’s tribal members out of poverty which are all great things. Someone correct me if I’m wrong, but I don’t think Poarch has a compact with the state which in my opinion is essential with this particular business. If the tribe does have one it’s not very good because they don’t have cards. Many if not all states that have Indian gaming have agreements/compacts within their respected state which benefit both parties. Basically the state gets their cut and the tribe gets to operate within it’s boundaries unhindered. They BOTH need to bury past prejudices and get to the table and agree on something just like the rest of Indian Country does!
One thing I’d like to comment on is the tribe should count their blessings that they are the only federally recognized tribe in Alabama and can evidently plop a casino wherever they have a reservation which is not the norm. (This must a problem with Mr. Strange as it should be). The state should be happy they have an opportunity to get out of debt IF they can keep special interests and “good ol-boy politics” out of the equation.
GET BUSY Poarch and State because there’s alot of livelihoods involved….
If this jerk (Strange) wants to help the people of Alabama then he need to go after every Liquor store in the state….. The casino not killing innocent people who drives on the highway. I go to the casino once a month to relax for a few hours. I don’t go to the Movies because the movies they are putting out these days are nothing but trash.
I know that I don’t win but once in a while I do bring back what I took and sometimes more. It’s my business how I what to spend my hard earn money. So leave the casino along. I don’t mind giving some of my money to the Indians. They are the one who was here first and it was the immigrants who came here and took their land.
Why not just cut off all federal funding to indian tribes and eliminate any special priviledges for indians? The country is worse than broke.
Ha ha you have my vote shut them down…
Is this man for real??? You folks in Alabama need to seriously vote this man out. I know alot of the great people that work there and they are local folks just trying to work….someone lend this man a brain !!
Indian tribes are sovereign nations under federal law, and states may not enforce their civil codes on reservations within a state’s borders. After the federal government gave tribes more control over their economic development, some began operating gaming places that conflicted with state and local laws. A number of states challenged these operations, but a series of Supreme Court cases were decided in the tribes favor. To clarify the law, the Indian Gaming Regulatory Act was passed in 1988. Tribes could operate full-scale casino gambling on reservations in any state that allowed such gambling anywhere within its borders, provided the details of the operation were set forth under a tribal-state compact!!!!
The facts are that the Laws of the State of Alabama were ignored when hey put these casinos into business. Atmore has a weak economy and I personally think that if the Indian Nation could have helped that own better by securing manufacturing jobs and contracts with the United States Military than operating a casino in a community that has a household mediun income much lower than most anywhere you want to live. The PCI are paying better than the good ole boy network in that town,but the money is staying in close circles just like the rest of them. If Alabama let’s one group ignore the laws on the books because of their national influence in Washington , then where does it end?
SERIOUSLY, IS THERE GOING TO BE A PETITION TO STOP THIS IDIOT BEFORE HE RUINS NOT ONLY OUR COMMUNITY, BUT OUR STATE!
I can assure you someone isn’t on my list to be voted for. Enjoy your position while it lasts, Mr. Strange. Listen to the people of your state, this is not what we want. We want jobs. The PCI casinos provide that. We want tourist money. The PCI casinos provide that. Some even want a little entertainment, and PCI provides that for those interested as well. What we don’t want is you continuing to beat this dead horse and wasting tax payer money. Get over it, and move on.
The money they give you comes from where? From the poor people that are on the tax payer, trying to get rich over night.
Shame on him!!!!
What’s next — The attempt to outlaw the wearing of black and white socks?
Actions like this will never stop as long as there is a politcian who wants to impose his/her personal views on everyone.
The basic problem of trying to legislate someone’s morality. Problems with having gambling, but they are societal and to make it illegal becomes a different problem that Prohibition should have taught us something on trying to do it. It’s the same with our costly, manipulative War on Drugs.
Someone please get this idiot out of office. This is very poor state and if people would let the lottery come in we wouldn’t be so broke. Gambling is choice just like getting married, drinking, going to school, or anything else that someone choose to do. He’s not going to stop gambling, people will drive to Mississippi or Florida to gamble.
What a waste of time and tax dollars!!!! Why not legalize gambling in the state and put alot more folks to work instead of sending more to the unemployment line?
Nothing like an immigrant telling a TRUE native American how to live their lives. Shameful.
It would appear that the Mississippi Casinio political contributions to our politicians is paying off for them. If they can get all casinos shut down in alabama, everyone will just have to go to Mississippi again
My wife and I enjoyed one of our every other month getaways last week at wind creek. A.G. Strange, leave them alone. They are violating no laws, hurting no one, and a good neighbor for the people of Atmore. it is hard to believe you have nothing better to do than to continue pursuing this. There is nothing you can do about it, so breathe in, breathe out, move on.
Nothing like government bureaucratic idiots to kill local jobs. They need to get rid of that guy ASAP!
Luther Strange and anybody else that tries to shut down the casino is mad that they can’t get their hands on all the money that comes thru the casino. If they had the casino the would fill their pockets with most of the money and then file bankruptcy and try to get a bailout from the government to fill their pockets again. Everybody should just leave them alone, look how many jobs they have for people,and they help other people as well…..
What a waste of time and taxpayers money!! Why is he trying to put people out of work?!? There are thousands of jobs between the 3 casinos. We need to get him out of that office. He should be ashamed!!!
Seriously! Luther Strange you really have nothing better to do, do you? What a brilliant idea to try AGAIN to put 2000 employees out of work. That is exactly what the state needs. Good job genius!
When is it going to stop? That band of Indians gives so much to this community. The jobs at that casino keep people in this community EMPLOYED. I am ashamed if Mr Strange. This is petty politics. Thank you Poarch Band of Indians for all you do.