Indian Gaming Today

Friday, September 14, 2007

Fla. AG adopts restrictive interpretation of "scope of gaming"

According to state Attorney General Bill McCollum, Governor Charlie Crist would overstep his authority if he negotiated Class III games beyond those games specifically permitted by Florida law.

Presumably, Crist has been negotiating additional games, such as blackjack and craps, in exchange for a state cut of the Seminoles' gaming revenue. McCollum's opinion suggests that such a deal may be challenged on state law grounds, as similar deals have been challenged in Wisconsin and New York. If all Crist can negotiate is slots, then that will hamper his ability to demand multi-million-dollar payments from the tribe.

Since revenue-sharing is allowed only where the state gives the tribe something of value beyond what the tribe is entitled to under federal law, Crist may be left with only the number of slots allowed as his bargaining chip. That "give" shouldn't entitle the state to as much "take" as would bargaining over additional games that the tribe would have exclusive rights to operate.

Read more
here.

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