Poarch Creek Indians Win Alabama Gambling Challenge

September 4, 2015

An appeals court has ruled against the State of Alabama’s attempt to close casinos operated by the Poarch Creek Indians of Atmore.

The 11th U.S. Circuit Court of Appeals rejected an attempt by Alabama to block gambling at Wind Creek in Atmore and two other casinos owned by the tribe. The casinos operate electronic bingo games, which the state alleged were actually slot machines.

The federal appeals court upheld a district court ruling that the Poach Creek Indians have every right to run the casinos on tribal land in Alabama.

In a written statement, Alabama Attorney General Luther Strange said he does not intend to appeal the ruling to the U.S. Supreme Court.

“From the beginning it has been my goal to settle the question of the legality of gambling at Indian-run casinos in Alabama once and for all,” Strange wrote . “The 11th U.S. Circuit Court of Appeals has upheld the district court’s opinion that the United States is the only government that can enforce state and federal gambling laws on the PCI’s lands. While I do not agree with the Appeals Court’s decision, it provides certainty and guidance to state officials where there was none before. The Appeals Court’s decision makes it clear that the only way for the State of Alabama to regulate the gambling conducted on the PCI’s lands is to enter into a compact with the PCI. That is a decision for the Governor and Legislature, not me. After thoroughly reviewing the decision, I do not intend to petition for review in the United States Supreme Court.”

The ruling was applauded by Tribal Chair and CEO Stephanie Bryan.

“The State’s lawsuit was an attempt to prevent the Tribe, the only federally recognized Indian tribe in Alabama, from operating our gaming facilities in the State on our lands that are held in trust by the federal government,” Bryan said. “The Appeals Court decision has confirmed what we have always known, that the State does not have jurisdiction over our gaming facilities. The Tribe has been attempting to negotiate a Tribal-State compact since 1991, to no avail. However, we continue to be ready and willing to discuss with the Governor how a compact would benefit the entire State.”

The Poarch Creek Indians are also partners in the Gretna parimutuel facility in North Florida.

To read the complete 42 page ruling, click here.

NorthEscambia.com file photo, click to enlarge.

Comments

12 Responses to “Poarch Creek Indians Win Alabama Gambling Challenge”

  1. Bryan Bethea on September 6th, 2015 1:54 pm

    I have grown quite weary of the moral crusaders marching off to stamp out all they see as unholy, only to be caught with their pants down (here’s to you Gov. Bentley, Gov. Scott, and Kim Davis). If you don’t want to gamble, then by all means, don’t gamble. Same for drinking, smoking, and same-sex marriage. If those things bother you, then don’t drink, smoke, or marry someone of your same gender! Nobody will ever force you to do so. Leave Poarch alone to manage its affairs as it sees fit.

  2. Kathy on September 5th, 2015 12:36 pm

    I’m not a Tribal member. but the casino and members have done a lot for the state of Alabama with donations to schools in Escambia county. they have provided jobs for many people.. and if the people would open there eyes and legalize gambling Alabama it would help out state

  3. Bob C. on September 5th, 2015 8:14 am

    Again, the politicians are openly pandering to the perceived interest of the state citizens and this is only a political move.
    Wondering how many of these good upright, tight lipped, “pure as driven snow” politicians refrain from gambling “just for fun” in Las Vegas or Biloxi when they are on taxpayer funded trips for conferences, etc.

    Let the Native American population do as they wish on the limited amount of land they do control. Haven’t we done enough to them?

    Time to quit playing “Politicians and Indians”…..

  4. Fair4all on September 5th, 2015 7:31 am

    There should be a state wide referendum on gaming but it appears PCI owns too many politicians to let that happen….so it’s true-our opinion doesn’t matter if we re not tribal members unless we flush the toilet in Montgomery and get rid of the crooked bunch running the state.

  5. mick on September 4th, 2015 4:44 pm

    Way to go luther, the state is already operating in the red. You nor the governor have the best interests for the state in your agenda… the public deserves better. Don’t hold your breath for a compact either, we need to think long and hard about dealing with the likes of inept politicians whose ideas and policies are fueled by jealousy and greed…

  6. DJC on September 4th, 2015 2:01 pm

    @ Harvey Stacey:

    What do you suggest “The Indians” should do with THEIR income? Give it to you? The tribe’s choice to build casinos and invest in other opportunities is THEIR business. And so is the way they choose spend it! Unless your a Tribal Member, your opinion really doesn’t matter.

  7. Cecilia Johnson on September 4th, 2015 12:42 pm

    Of course it has been upheld! Congratulations to the Parch Creek Tribe. This roadblock should not have existed.
    Kind regards,
    Your Alabama neighbor

  8. Harvey Stacey on September 4th, 2015 9:47 am

    Alabama is so ignorant.why don’t they stop wasting tax dollars and just open casinos too. Put the Indians on the run with compition.look at all the money going to a group that’s doing noting but limiting the pockets of government. Please don’t quote they give to the schools. They have their reasons to do that too

  9. bwayne on September 4th, 2015 9:03 am

    If the people of Alabama are so against gambling and will not even provide a State Lottery, why do so many of them come across to Florida to play the Florida Lottery?

  10. Redman on September 4th, 2015 9:03 am

    This is great for Poarch Creek….it’s tribal members…all those employed by the tribe and all those bussinesses at the interstate that have capatilized on the amount of traffic that the casino draws.This was a big deal that threatened the livelihood of thausand’s of people.The tribe tried to help the state by bailing them out with a 250 million dollar tax advancement at the same time the state was trying to shut the tribe down. I’m sure the Tribal leader’s will remember who,s tried to sue the tribe and who hasn’t As a tribal council member told me…”This is a good day for the tribe”….Now I the tribe can move forward without this looming over them……Roll Tribe Roll ! and….Roll Tide Roll !

  11. Mike on September 4th, 2015 7:52 am

    Congrats to the Poarch Creek Tribe! That is Indian land, not state land, & what goes on there (within reason) is nobody’s biz but The Creeks’. :)

  12. concerned on September 4th, 2015 1:14 am

    How much Alabama tax dollars were wasted on this case? Those elected officials should be held accountable for wasting everyones money and time with such nonsense.

    “Appeals Court decision has confirmed what we have always known, that the State does not have jurisdiction over our gaming facilities”

    I can’t wait until this about Marijuana, when the state also won’t have jurisdiction.

Written by William Reynolds · Filed Under News